Wells Fargo borrower signed three loan mods then fought the foreclosure
Then came the cycle: default, foreclosure filing, loan modification, repeat. Wells Fargo and the borrower agreed to modifications in 2015, 2017, and 2022. The 2017 and 2022 modifications each settled a prior foreclosure action.
The 2022 modification was the pivot. Signed on June 14, 2022, it resolved a foreclosure case filed in 2019. In that agreement, the borrower acknowledged Wells Fargo owned the note and mortgage, that the mortgage encumbered her property, and that the bank could foreclose if she defaulted.
Six months later, Wells Fargo filed again, claiming the borrower owed $449,905.31 in principal plus interest at 2 percent per year from June 1, 2022. The trial court granted summary judgment – a ruling without a full trial – in January 2023.
The borrower, an attorney who represented herself, appealed on nine grounds.
She argued her husband’s death extinguished the mortgage under the survivorship deed. The court drew a clean line: unlike the precedent she cited, she had signed the mortgage herself.
