Jones v. Wells Fargo Home Mortgage

2012 WL 1155715 (2012)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

This matter is on remand from the Fifth Circuit. P filed the original proceeding to recoup overpayments made to D on his home mortgage loan. P asked for reimbursement of actual damages, and punitive damages for violation of the automatic stay. The Court entered an Opinion awarding P $24,441.65, plus legal interest for amounts overcharged by Wells Fargo. The court found D to be in violation of the automatic stay because it applied post-petition payments to undisclosed post-petition fees and costs not authorized by the Court. D's conduct was found to be willful and egregious. A hearing on sanctions, damages, and punitive relief was held. D offered to implement several remedial measures to correct systemic problems. These new Accounting Procedures were negotiated between the Court and d's representative. They were embodied in a subsequent Supplemental Memorandum Opinion. An Amended Judgment also awarded P $67,202.45 in compensatory sanctions for attorney's fees and costs. D appealed the amended judgment. The District Court affirmed the findings and increased the compensatory civil award to $170,824.96. D withdrew its consent to the nonmonetary relief ordered, the issue of punitive damages was remanded for further findings and consideration. D appealed the District Court remand, but the Fifth Circuit dismissed the appeal for lack of jurisdiction. The Court imposed the original sanctions, ordered the Accounting Procedures in lieu of punitive damages, and entertained P's request for an increase in compensatory sanctions. D settled the matter for an undisclosed stipulated amount. and P appealed the denial of punitive damages. On August 24, 2010, the District Court affirmed the Partial Judgment on Remand. P appealed the denial of punitive relief to the Fifth Circuit. On August 23, 2007, the Court entered its initial opinion in the case. Stewart filed an Objection to the Proof of Claim of Wells Fargo in her bankruptcy case pending in this district. The Objection alleged in part that the amount claimed by D in its proof of claim was incorrect because prepetition payments had been improperly applied. The Memorandum Opinion issued in Stewart found that D misapplied her payments in a fashion identical to P. D was ordered to audit every borrower with a case pending in the district for compliance with the Accounting Procedures. The Stewart Judgment was affirmed and Wells Fargo appealed to the Fifth Circuit. The court affirmed but found that audits of debtor accounts were beyond the Court's jurisdiction. The Fifth Circuit remanded for consideration of alternative, punitive monetary sanctions.