Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

By Ilyce Glink | Aug 19, 2009 |

Got a home equity line of credit (HELOC) from Wells Fargo? Check again: it might have been cut off.

Wells Fargo was sued for fraud today, as a class action lawsuit filed in the Northern District of Illinonis alleged that “Wells Fargo unlawfully failed to accurately assess the value of customers’ homes before concluding there had been as significant decline in property value,” according to a press release issued by the plaintiffs this morning.

In other words, Wells Fargo froze millions of dollars worth of home equity lines of credit after concluding that there was a substantial deline in home value across northen Illinois.

The class action lawsuit was filed on behalf of Michael Hickman, of Westmont, Ill., who was told that the credit limit on his HELOC account was reduced due to a supposed substantial decline in the value of his home. The plaintiffs allege that “Mr. Hickman’s home and the homes of thousands of other class members did not substantially decline in value; rather, Wells Fargo used a variety of unreliable computer models to produce artificially deflated values.”

It isn’t just Wells Fargo. I’ve been hearing from customers of other big box lenders in Northern Illinois who have found their HELOC limits reduced or frozen as well.

A few years ago, anyone with a pulse could have walked into any bank on any corner in America and walked out with $30,000 or more in home equity line of credit cash to use any way they wanted.

But the dramatic decline in home prices has spelled disaster for second lien holders. They’re getting zilch in foreclosures and short sales, and have taken losses in the billions. You can’t blame banks for pulling in the HELOC welcome mat.

Not only that, but some HELOCs were offered at interest rates so low that banks are taking a bath on the business they still have. I’m paying in the 2 percent range on my HELOC, which is set at half a point below the prime rate. I know other folks who are paying a full percentage point below prime. Hard to make money at that interest rate. Any excuse to close these accounts will do - even telling people that their homes have crashed in value (whether or not they actually have).

As for offering to increase the limit on a high interest rate card, why not? If you can trade a debt at 2 percent for one that pays 18 percent, I’d take that business any day of the week.

I reached out to Wells Fargo for comment on the lawsuit. They’re preparing one now. As soon as I get it, we’ll publish it.

UPDATE: We have the comment from Wells Fargo posted here.

Read More:

Big Home Equity Credit Squeeze

 
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  •  
    1

    ja1515

    08/19/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    this just makes me wonder about all the numbers we've been seeing about falling property values and homes underwater. what's really true? we can't even hope to make a recovery until we have an accurate picture of the market

  •  
    2

    Ilyce Glink

    08/20/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    Today's jobless numbers rose again. I think we really need to watch the number of unemployed people and the amount of money those people who have jobs are earning. I just don't see a huge recovery - yet.

    Thanks for the comments.

  •  
    3

    Ilyce Glink

    08/20/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    From a MoneyWatch reader:

    In January of this year, I had a similar situation occur when I refied my first (deed of trust) and asked if WF would subordinate the second (a WF Equity Line) that I carried with them. They said "no"...that I would have to pay it off (overall - a good thing as I wrapped my non-WF first and the WF equity line into a new non-WF first with a lower overall payment).

    The issue is that WF charged me a $500 fee as I was paying off the WF Equity Line early. "No problem" says WF.....just reopen a new WF HELOC within 90 days and we will credit your account for the $500.

    So they send an WF-authorized appraiser to my house and he appraises my house (which had appraised 4 weeks earlier when I did the refi for $880,000) for $550,000!!

    "So sorry" says WF - we can't open your HELOC because you don't have enough equity and we won't refund your $500 penalty.

    I subsequently opened a $70K HELOC with my Credit Union with my house appraising at $785K.

    I smell a rat.

    I called and cajoled and most recently sent a letter to the VP of Equity Lines (Montgomery Street, SF address) asking that the $500 fee be credited to my account.
    Guess what? No answer.


    I would greatly appreciate your thoughts, guidance or suggestions on this matter. My issue sounds strangely similar to the basis for the class action just filed by Jay Edelson of Kamber-Edelson on behalf of Michael Hickman in Illinois against WF.

  •  
    4

    LuVn72

    08/20/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    Wait until you hear HELOC stories from WaMu/Chase customers!

  •  
    5

    Ilyce Glink

    08/21/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    @LUVn72 - Thanks for your comment.

    I do think that once the class action band starts playing, others will join in. If you have a story, please post it here.

  •  
    6

    LuVn72

    08/23/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    I was not notified when Chase decided to elininate the balance available to loan on my WaMu ELOC account. Instead of notification, they used the monthly statement balance entry to show zero credit available while leaving the total line of credit at the original amount along with the outstanding balance due. Both the home loan and ELOC were with WaMu. All payments on both loans were made on time. It took over three months of negotiation to finally get an available balance. The line of credit was reduced by 45% so that a available balance could be established. And, this was done with a very low loan balance against the original home loan.

    When the economy turns around, people will remember who provided fair and professional services during the recession. For those businesses that didn't, it will be difficult and costly to regain or repair customer relationships.

  •  
    7

    Ilyce Glink

    08/24/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    @LUVN72

    Thanks for sharing your story. I am always hopeful that consumer will vote with their dollars - and their feet. It's the only way to get it through a company's top dogs that a "great" policy isn't working all that well.

    Right now, the federal government wants it both ways: They want banks to be stable and make smart loans and they want banks to lend, lend, lend. Divergent interests, I'm afraid.

    Again, thanks for your comment.

  •  
    8

    mrswag1

    08/24/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    Wachovia/Wells Fargo did the same thing to me...

  •  
    9

    DaHeat

    08/25/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    I, too, have had my Wells Fargo HELOC cut by 30% stating that home values in my area have substantially dropped. No late payments, no adverse remarks on my credit report. As a matter of fact, my FICO score is above 800.

  •  
    10

    Ilyce Glink

    08/26/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    I received this email from David:

    Hi, I am trying to find out how I can help this case? Wells Fargo gave me a HELOC so I could remodel my house. I put $200K into my house and then Wells re-appraised it, taking into account the remodel's value. A couple of years later, they found my home's reduced value on Zillow and closed my account. Zillow has no information about my remodel. I am really angry and I want to do what I can to help. Please, if you have any info about how I can help, will you send it to me? Or, forward along my email?
    Thanks so much.


  •  
    11

    Ilyce Glink

    08/26/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    @mrswag1: I'm so sorry.

  •  
    12

    Ilyce Glink

    08/26/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    @daheat:

    What's becoming clear is that credit scoring works as a risk-prediction tool during good times and sort of bad times. But, it doesn't work at all if you get a perfect storm of economic failure.

    Now, all of these folks who have had their credit lines cut while they've carried balances (a big NO-NO in the credit scoring world) will get some sort of hit to their creidt history.

    I've had several conversations with the folks at the credit reporting bureaus, and they're not sure how all of the economic and financial trauma will be ultimately reported and judged.

    If you had an 800 credit score and had to do a short sale because you lost your job and your home equity plummeted, are you really a greater risk? If you had kept your job, you'd have continued to make your payments, no matter what your house was worth.

    The credit reporting and credit scoring industries will have to figure out a new way to accound for all of this negative information, or banks will have to lower their stringent requirements - or only a few will be able to buy or sell or use their credit cards.

    Thanks for your comment.

  •  
    13

    cmccodr

    10/09/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    In June 2009, I needed to replace my A/C unit (which was the original unit - 40 years old) and my furnace (which was 20 years old).

    When I went to my Wells Fargo Home Equity Line of Credit to access the needed $5,000 to pay for this needed home improvement, THE MONEY WAS GONE, IT WASN'T THERE, IT HAD DISAPPEARED, WITH NO NOTICE, AND WITH NO EXPLANATION. I immediately went to my local Wells Fargo Bank and spoke with a banker. He told me that Wells Fargo had decided that the value of my home had decreased, and they took $10,000 of my home equity line of credit. They told me that the fine print in my HELOC agreement that I signed said that they could do this.

  •  
    14

    pricrimbun

    10/16/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    In other words, Wells Fargo froze millions of dollars worth of (home equity

  •  
    15

    Ilyce Glink

    10/18/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    @cmccodr:

    That's right. The fine print says this. Unfortunately, it's not clear to perhaps hundreds of thousands of home equity line of credit customers that the bank had this ability.

    When we look back at this time from down the road, I think that lenders will realize they made knee-jerk responses that ultimately may not pay off because they weren't consumer-focused.

    Now, it's entirely possible that this was a life/death situation for these lenders (look at Lehman!). But some of it (and I'm not necessarily referring to Wells Fargo only) feels wrong.

    I'm sorry you got caught in the crosshairs.

  •  
    16

    Ilyce Glink

    10/18/09 | Report as spam

    RE: Wells Fargo Sued for Cutting Off Home Equity Lines of Credit

    @pricrimbun:

    I think the number is a lot higher than that.

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