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Wells Fargo Ordered to Pay $155,000 for Wrongful Foreclosure Conduct

A Suffolk County New York Supreme Court Judge recently ordered Wells Fargo to pay a homeowner $150,000 in exemplary damages, $4,892 for lost property damages and $200 for trespass damages due to its conduct in handling a foreclosure against one of its homeowners. 

The case is Wells Fargo Bank, N.A. v. Tyson and began in 2007 as a foreclosure action brought by Wells Fargo. In January 2010, though, the homeowner, Steven Tyson, requested a conference so that the Court could address what it identified as "certain serious issues" involving Wells Fargo that had arisen during the foreclosure.   

According to the Court's findings, Wells Fargo held a mortgage on Tyson's property and began its foreclosure action. Due to financial difficulties, though, Mr. Tyson discontinued the utility service on the property, winterized the plumbing and the heating, secured the property, maintained the property and left many of his personal belongings in it. Although Mr. Tyson resided elsewhere, the Court found that he never abandoned the property, never showed an intent of abandoning the property and visits it at least weekly.

On November 13, 2009, though, Wells Fargo dispatched an agent to Tyson's property, who changed the locks and barred Tyson's access to the property;; known as a lock-out.  Wells Fargo did not give prior notice of this entry. When he contacted Wells Fargo's foreclosure attorney, Mr. Tyson was given a new key to the property and he directed that Wells Fargo NOT enter the property again.

Despite his directions, Wells Fargo entered the premises again in late December or early January.  When he discovered this, Mr. Tyson secured the property and later again that same day found that someone had entered his home and some of his personal property was gone; a trash-out. 

Wells Fargo defended its actions by arguing that the mortgage allowed them to enter onto the property to safeguard and secure it and also where there was evidence that the property was abandoned. The Court summarily dismissed these arguments by specifically finding that there was no evidence at all that Mr. Tyson had abandoned his property and that under the terms of the mortgage, the bank could only enter the property 1) under reasonable circumstances AND 2) when it had FIRST given notice in advance of its entry.  Wells Fargo had never given notice to Mr. Tyson before it's lock-out and trash-out of the property.  

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