vince@vincerabagolaw.com

Arizona Case Raises Allegations Similar To Those in U.S. Dept. Of Justice Fair Lending Lawsuit And Settlement Announced In July Of 2012

(Tucson, AZ – 9/14/2012). Wells Fargo Bank NA and its Arizona subsidiary were served this week with a lawsuit filed by former Arizona prosecutor Vince Rabago for taking unfair advantage of an unsophisticated Hispanic borrower in Arizona. Similar practices are the subject of a national lawsuit by the U.S. Department of Justice and a proposed 175 million dollar settlement announced earlier this year in July, 2012. The new lawsuit, filed in a pending Chapter 13 bankruptcy case, is the first in Arizona alleging a pattern of discrimination similar to that alleged in the national case filed by U.S. prosecutors.

Many Americans are familiar with the subprime mortgage lending practices which contributed to the meltdown of our economy in 2008. Using tactics ranging from concealment or deception to outright forgery, mortgage lenders gave loans to home buyers at an unprecedented rate, then bundled and sold those debts to other companies, often placing the loans into risky investment devices on Wall Street that contributed to the meltdown. Many loans were “subprime” because of onerous, costly terms and banks knew that there was a high risk the borrowers would not be able to make the payments over time.

Both lawsuits claim Wells Fargo intentionally focused on Hispanic borrowers. The U.S. DOJ lawsuit alleged that the bank steered Hispanic and African American borrowers into subprime loans when they qualified for prime loans with lower interest rates, or charged excessive fees. The proposed 175 million dollar settlement with the DOJ is pending court approval and agrees to stop alleged discriminatory practices and to compensate alleged victims: http://www.justice.gov/crt/spec_topics/wellsfargo/.

The Arizona lawsuit, among other things, alleges that Wells Fargo told the uneducated non-English speaking Hispanic citizen one thing in Spanish, but another in English documents. The lawsuit alleges the bank tricked the borrower into believing he was obtaining two separate loans, when in reality the bank deceived him into signing documents for one loan secured by two properties in order to obtain his mother’s home, which he owned free and clear at the time. The lawsuit also alleges Wells Fargo aided and abetted their Arizona subsidiary in originating such predatory loans using a state mortgage license in an apparent effort to evade review by federal regulators, and later shut down operations in 2008, the year after the loans were made in 2007. The lawsuit alleges Wells Fargo recently filed a manipulated false document in the bankruptcy case in an effort to conceal the prior deceptive lending.

Vince Rabago, a former state prosecutor with experience in state and national consumer fraud cases and a reputation for taking on the payday loan industry in Arizona, is representing Miguel R. Romo, the plaintiff/borrower. Rabago said, “The alleged discriminatory and predatory lending by Wells Fargo Bank and their Arizona subsidiary is completely unacceptable. The new lawsuit brought against Wells Fargo and its Arizona subsidiary was under investigation by my office before federal prosecutors announced their lawsuit and proposed settlement, so it was good to get independent validation of the conduct alleged in our lawsuit. We look forward to obtaining justice and obtaining additional evidence of the alleged discrimination and predatory tactics from Wells Fargo during the discovery process.”

The complaint is available here.  The case is Miguel R. Romo v. Wells Fargo Bank N.A., and Wells Fargo Financial Arizona, Inc., Case No. 4:12-ap-01582 JMM (and was filed in pending Chapter 13 bankruptcy case 4:12-bk-11796). The U.S. Dept. of Justice lawsuit and settlement is filed and pending approval in United States of America v. Wells Fargo Bank N.A., in U.S. Dist. Court, District of Columbia, in Case No. 1:12-cv-01150.

Consumer protection and bankruptcy…it may help wipe out crushing debt and fight off debt collectors …

Are you a victim of a company that has defrauded you?  Were you injured by a company’s fraud or deceptive practices?  Are you fighting off crushing debt that has accumulated over years, ranging from credit card debt to medical bills?  Are debt collectors hounding you over old debts from more than 6  years ago or for debt that is not even yours?

At VINCE RABAGO LAW OFFICE PLC, we have successfully helped people in the community fight off debt collection companies wrongfully suing consumers.  In one case, we overturned a judgment that we alleged was fraudulently obtained by an out of state debt collector Midland Funding, a company who was a defendant in a nationwide class action fraud case.  Here is the successful Motion we filed with select exhibits. Motion to Set Aside Judgment Based on Fraud – FILED Exhibit A – Affidavit Exhibit B – Excerpt of Order in Class Action Fraud caseExhibit C – Excerpts of Fraud Lawsuit

We also represent individuals file bankruptcy, which can fight off fraudulent debt collectors while wiping out your overwhelming debts at the same time.

You may need help from an experienced and aggressive Consumer Protection attorney like VINCE RABAGO at VINCE RABAGO LAW OFFICE to evaluate your personal situation to determine whether you have a case involving a violation of the Federal Fair Debt Collection Practices Act or Arizona’s Consumer Protection laws (the Arizona Consumer Fraud Act).  You also have significant rights and remedies under the U.S. Bankruptcy Code that can help protect you while also helping to wipe out crushing debt if you qualify.

There are numerous “debt collection” companies and debt buyers out there who actually buy old, charged-off debt from credit card and other companies which feel they can no longer collect on that obligation.  Sometimes, these debts are older than six years, which is the Arizona Statute of Limitations for suing to collect on a written contract.   These debt companies then go after the debt very aggressively, sometimes not even giving proper notice of their debt collection lawsuit.  This can result in a person having a civil judgment against them, and you may not even learn about it until you find out that your wages are being garnished.  But your rights may have been violated along the way.

If you have an issue involving debt collection, or are in bad financial straits, or simply want to evaluate your potential consumer protection or bankruptcy alternatives, please contact our office.  We are Debt Relief Agency under federal law.   We can help.

Vince Rabago Law Office successfully saved this Arizona property from an illegal and fraudulent foreclosure by a tax lien investor who presented false information to take the home through a foreclosure lawsuit.  The home had been illegally foreclosed without proper notice of the lawsuit to the homeowner and there was shady conduct by the investor, including allegedly presenting false information.  Our office successfully overturned the foreclosure judgment, and proved that the investor had presented false information.  In Arizona and other states, if you do not pay your property taxes, investors can pay your taxes (a minor investment compared to what you have paid) and get tax lien certificates, and if the taxes are not paid off in a number of years, that investor can then file a foreclosure lawsuit to try to foreclose on your home or property and take it from you.  Here, we won one for the American homeowner!  Arizona Tax Foreclosure overturned