Tuesday, April 23, 2013

80-Year Old Widow Scores Court Win Over Notorious Bankster In 3-Year Struggle To Save Home Of 46 Years From Foreclosure; Purported Missed Mortgage Payments Were Actually Sloppy Servicer's Bookkeeping Screw-Ups; Victim's Lawyer Vows More Litigation

In Tualatin, Oregon, ABC News reports:

  • A woman in Tualatin, Ore., is breathing a sigh of relief after a three-year battle to prove Wells Fargo had wrongfully moved to foreclose on her home, saying she had missed mortgage payments.

    A judge ruled Wednesday that Wells Fargo failed to prove she was actually behind in her payments, which Delores Dingman, 80, attributes to the bank's simple "accounting errors." "I just praise God for it all because I kept praying so many times about this, because I knew I had made the payments, but their accounting errors made it hard," she said.

    The judge heard six hours of testimony and then ruled to cancel the judicial foreclosure.

    Dingman and her late husband moved into their four-bedroom home in 1967, 46 years ago. After her husband, Leland, died in March 2008, Dingman took out a new mortgage with Wachovia while she paid off his medical bills, never missing a payment. Court records show she promised to pay $308,000 plus interest June 16, 2008.

    The next year, after Wells Fargo's acquisition of Wachovia was completed in Jan. 2009, Dingman began receiving foreclosure notices. She believes the bank did not correctly process her payment since around October 2009.

    But her bank records show her mortgage payments have been deposited by Wells Fargo. Despite efforts to clear up the mistake and paying more than $12,000 in attorney fees, her home went into judicial foreclosure.

    She had been employed by the local Kmart since it opened 40 years ago but stopped working when the store closed last year. She continued to pay her monthly mortgage amount of more than $2,300 while paying her attorney, Terry McLaughlin, to help her clear up the mistake.

    "There is going to be more litigation," McLaughlin said, declining to comment further.

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