A class-action lawsuit filed on Jan. 3 alleged Wells Fargo Bank went into a couple's home, changed the locks and took out their possessions after the property went into foreclosure.
David and Rhonda Huber filed the lawsuit against the bank in the Superior Court of Washington state. The couple purchased a vacant lot in 2007 with a loan from Wells Fargo. In 2009, the bank entered into a non-judicial foreclosure after the Hubers became delinquent on their mortgage payments.
The Hubers' suit alleged Wells Fargo agents went into the home that was built on the lot, changed the locks and removed their property without permission. The mortgage agreement does specify that the bank is permitted to enter the home for “property preservation measures,” if the borrower breaches the contract, the lawsuit said.
The Hubers contacted the bank and demanded an explanation, but the bank allegedly failed to respond to them. The couple believes that the bank has done this to other borrowers and is seeking class status in the suit.
The suit alleged that Wells Fargo owes borrowers the implied duties of good faith and fair dealing.
The Hubers are represented by Clay M. Gatens, of Jeffers, Danielson, Sonn & Aylward, P.S.; and Michael D Daudt, of Terrell, Marshall, Daudt & Willie, PLLC.
Superior Court of the State of Washington County of Snohomish case number 2:15-cv-00051.