1:11-cv-877 Hawkins Original Class Action ComplaintPage 3
they knew they couldn't legally bring while at the same time pressure borrowers to short-sell their homes or give over a deed in lieu of foreclosurein order to avoid the more devastating prospect of foreclosure, whichinvolves deficiencies of loan balances and wrecked credit.4.
Violations of the relevant provisions of the Texas Constitution entail thelender's forfeiture of the loans or inability to enforce the lien.5.
There is another layer to Defendants' deceit that is even more insidious.Wells Fargo is fond of blaming borrowers for getting behind on payments. However, inthis case, Wells Fargo affirmatively induced or required borrowers otherwise current ontheir loans to incur interest arrearages
ostensibly in order to qualify them for the loanmodifications
. Yet these induced missed payments just put borrowers behind andtherefore subject to foreclosure. Indeed, Wells Fargo brought foreclosure proceedingsagainst named Plaintiffs the Hawkins precisely owing to the payments the Hawkinsmissed at Wells Fargo's behest.6.
Plaintiffs therefore bring this class action on behalf of themselves and allothers similarly situated asserting violations of the Texas Constitution Article XVISections 50(a)(6)(B), 50(a)(6)(L), and 50(g). Plaintiffs seek damages and equitable relief on behalf of the Class, which relief includes forfeiture of loan balances; a payment byDefendants of $1,000.00 per subject loan and refinance or remedy that otherwisecomplies with the Texas Constitution; disgorgement of all payments made by borrowersunder the illegal home equity loan modifications, interest and charges incurred by or assessed against class members by Defendants during the pendency or processing of aloan modification; a permanent injunction halting foreclosure or misrepresentations
Case 1:11-cv-00877 Document 1 Filed 10/06/11 Page 3 of 20