SEATTLE (Legal Newsline) - A class action lawsuit filed recently alleges Wells Fargo Bank went into a couple's home, changed the locks and took out its possessions after the property went into foreclosure.
David and Rhonda Huber filed the lawsuit against the bank in the Snohomish Superior Court in Washington. The defendant removed the case to U.S. District Court for the Western District of Washington on Jan. 13.
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.
U.S. District Court for the Western District of Washington case number 2:15-cv-00051