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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34881
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Could receiving a check from independent foreclosure review

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Could receiving a check from independent foreclosure review mean an admission of a ERISA violation? How do they come up with the value of their mistake?
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Was your mortgage serviced by Goldman Sacs or Morgan Stanley?


Customer: replied 3 years ago.
Wells Fargo.

Good afternoon Traci,

Thank you for the clarification.

Thirteen mortgage servicing companies have been subject to enforcement actions for deficient practices in mortgage loan servicing and foreclosure processing, and they recently reached an agreement in principle with the Federal Reserve System to provide more than $9.3 billion in cash payments and other assistance to help borrowers.

The settlement agreement allowed Wells Fargo to cease the case by case review that they had been doing in the foreclosure review process, and expedite payments to folks like you.

Your payment was not determined by a specific review of your case---rather it was the product of a percentage of the settlement funds and the number of borrowers who were claimants in the matter. This was much like a class action suit where claimants share a settlement fund equally.

Because of the way that the settlement process has gone forward, it is most likely that your case was never specifically reviewed and it would be impossible to know if there were any abnormalities with the handling of your foreclosure. What this means as well is that there has been no determination whether there was a specific violation under ERISA as regards XXXXX XXXXX

However, if you have reason to know that there was a violation, the settlement will not prevent you from taking any action you may wish to pursue related to your foreclosure.

The payment amount through the settlement process to you is final, and there is no appeal process of the compensation payment amounts distributed to you as a result of the Independent Foreclosure Review settlement.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,


LawTalk and 3 other Real Estate Law Specialists are ready to help you
Thank you for your positive rating of my service, Traci. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

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Thanks again.


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