Class Claims Wells Fargo Forecloses Illegally
Recent Cases
Wells Fargo Home Mortgage illegally forecloses on homes by falsely accusing homebuyers who have filed for Chapter 13 bankruptcy of being delinquent on their mortgages, by falsely inflated amounts, by assessing "hundreds of millions of dollars" for illicit fees and debts that were already paid, and by ignoring and abusing the bankruptcy code and court orders, a class action claims in Federal Court.
"Wells Fargo's policies and practices are particularly deceptive," the complaint states, "insofar as they involve the (1) intentional concealment of the fact that Wells Fargo has not properly accounted for debtors' bankruptcy plans and payments, (2) deceptive demands for payment of debts that are not owed but are presented to the debtors as actually owed and (3) intentional concealment of added fees and expenses when in fact federal bankruptcy law requires Wells Fargo to make application for such fees and expenses to the bankruptcy court.
"These polices and practices are not the result of neglect or indifference but are deliberately unfair, oppressive, malicious and unconscionable. Such misconduct has been documented in this case and throughout the United States. In formulating and executing these policies, Well Fargo has shown its complete disrespect and disdain for the Code and its evident belief that it is above the law."
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.