Judge Robert Flournoy, a Cobb Superior Court judge, ruled Friday that a Marietta woman gets to keep her house indefinitely. Her home was sold at foreclosure on July 6, which was the same day Wells Fargo Bank faxed her a pledge that the foreclosure would be postponed until September.
The circumstance was created when the woman’s husband filed for divorce last fall. She moved out of the family house during the divorce proceedings, a court case that Flournoy also presided over. While she was staying at the apartment, her former husband stopped making his mortgage payments to Wells Fargo without her knowledge. That caused the bank to begin foreclosure proceedings on house.
Flournoy said, “That’s how this whole thing got started, not because she did anything wrong, but because her awful, terrible, worthless former husband did something very bad.” He added, “That’s why we’re here today because he didn’t pay the mortgage even though he had the money to pay it and even though he’s a scoundrel and a scallywag for not paying it.” Flournoy also had harsh words for the other parties involved including Wells Fargo.
In May, the woman discovered that Wells Fargo was foreclosing on her house. She and her divorce attorney contacted Wells Fargo to begin the procedure to get the house out of foreclosure. Her divorce lawyer testified that Wells Fargo associates had led her to believe the foreclosure would indeed be put off and that her client’s house would not be sold on July 6. Wells Fargo’s attorneys sent a statement to the Marietta woman and her divorce attorney stating the foreclosure had been postponed to Sept. 7.
“What is so obvious to the court is that [the divorce attorney] was told that if she submitted the paperwork, that would accomplish a postponement of the sale,” Flournoy said. “There’s no question about that because all she has to do was come up here … and I would have granted an injunction.”
The Marietta woman was all smiles about the decision. The attorney she separately hired to fight the foreclosure said when Wells Fargo paid back federal bailout money it received, the bank issued a press release stating that it led the country in keeping people in their homes. “I hope that they’ll live up to the words of that press release in this case,” he said.
Source: The Marietta Daily Journal, “Marietta Woman Gets to Stay in Foreclosed Home”, Jon Gillooly, 8/28/10