Product: Mortgage

( THIS IS A PRIVATE COMMUNICATION AND HAS NOT YET BEEN FILED BEFORE THE DISTRICT COURTS OF FLORIDA STATE, THIS IS AN OPPORTUNITY TO CURE LETTER ) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA STATE XXXX XXXX XXXX, v. 

WELLS FARGO/ WELLS FARGO HOME MORTGAGE Defendant. 


COMPLAINT FOR SECURITIES FRAUD, PROMISSORY FRAUD, TILA VIOLATIONS, AND RESPA VIOLATIONS JURY TRIAL DEMANDED INTRODUCTION Plaintiff, XXXX XXXX, brings this lawsuit against Defendant, [ Bank Name ], for violations of federal and state laws, including but not limited to securities fraud, promissory fraud, violations of the Truth in Lending Act ( TILA ), and violations of the Real Estate Settlement Procedures Act ( RESPA ). 

Plaintiff seeks compensatory, punitive damages, and all other remedies available under the law, as well as an award of attorneys fees and costs. 

JURISDICTION AND VENUE This Court has jurisdiction over this action under 28 U.S.C. 1331 because it arises under the laws of the United States, including the Securities Exchange Act of 1934, the Truth in Lending Act, and the Real Estate Settlement Procedures Act.

Venue is proper in this Court under 28 U.S.C. 1391 because WELLS FARGO HOME MORTGAGE business operations affect Plaintiff 's financial interests in Florida, and a substantial part of the events or omissions giving rise to the claims occurred within this District. 

PARTIES Plaintiff : XXXX XXXX Defendant : WELLS FARGO XXXXWELLS FARGO HOME MORTGAGE is located in XXXX XXXX XXXX Iowa XXXX corporation with its principal place of business at Wells Fargo Home Mortgage XXXX XXXX XXXX XXXX XXXX XXXX IA XXXX. 

FACTUAL ALLEGATIONS On or about [ Date, Defendant, WELLS FARGO HOME MORTGAGE, entered into various agreements with Plaintiff related to the purchase of securities and the origination of a mortgage loan. 

Defendant knowingly made material misrepresentations about the risks and valuation of securities sold to Plaintiff. These misrepresentations were fraudulent and were intended to induce Plaintiff to purchase the securities, which resulted in significant financial losses.

Additionally, Defendant made false promises regarding the terms of the mortgage loan, including representations about interest rates, payments, and the loans impact on Plaintiffs financial obligations. 

Defendant violated both the Truth in Lending Act ( TILA ) and Real Estate Settlement Procedures Act ( RESPA ) in connection with the mortgage loan. Defendant failed to provide proper disclosures about the loan terms, including the Annual Percentage Rate ( APR ), finance charges, and other material facts as required under TILA. Furthermore, Defendant failed to properly disclose settlement costs and failed to comply with RESPA 's requirements for the timely delivery of the Good Faith Estimate ( GFE ) and the HUD-1 Settlement Statement.

CLAIMS FOR RELIEF COUNT ONE : SECURITIES FRAUD ( Federal ) Plaintiff re-alleges and incorporates by reference paragraphs 1 through 10 as if fully set forth herein.

Defendant violated Section 10 ( b ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78j ( b ) ) and Rule 10b-5 ( 17 C.F.R. 240.10b-5 ), which prohibit fraudulent statements or omissions in connection with the purchase or sale of securities.

Defendant WELLSFARGO/WELLS FARGO HOME MORTGAGE knowingly made false statements of material fact or omitted material facts necessary to make statements not misleading, with the intent to deceive or defraud Plaintiff. These fraudulent actions resulted in harm to Plaintiff, who suffered financial loss as a result of relying on Defendants fraudulent statements and omissions.

Background of the Situation it has come to my attention that your actions related to the fraudulent actions, including the promissory fraud, securities fraud, and unjust enrichment e.g., misrepresentation of investment opportunities, false promises, manipulation of securities transactions, etc. ] have resulted in my financial loss. Specifically : Promissory Fraud : You knowingly made false representations and promises, with the intent to deceive and induce me to enter into financial agreements based on misleading or fraudulent information.

Securities Fraud : You engaged in fraudulent conduct related to the purchase or sale of securities, which included the misrepresentation of material facts and omissions that materially affected my decision to engage in these transactions.

Unjust Enrichment : As a result of these fraudulent actions, you have unjustly gained financial benefits that were rightfully due to me, without any legal basis or entitlement to the funds or assets involved.

Opportunity to Cure Under the circumstances, and in order to resolve this matter without further legal action, I am offering you the opportunity to cure these violations and settle this matter in a manner that is fair and reasonable. Specifically, I am requesting that you immediately repay the sum of {$200000.00}, which represents the financial harm caused by your fraudulent conduct.

Terms of Cure : Payment : You must remit a total of {$200000.00} to me by [ Insert Payment Deadline Date, e.g., 30 days from receipt of this letter ]. This amount represents the damages incurred due to your fraudulent actions, including the loss of investments, associated costs, and any unjust enrichment obtained by you.

Method of Payment : The payment should be made via bank transfer, certified check, or another agreed-upon method to the following details : Pay to the Order of XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, FL [ XXXX ] Full Resolution : Upon receipt of the payment, I will consider this matter resolved and will not pursue further legal action related to the promissory fraud, securities fraud, or unjust enrichment. 

Failure to Cure If you do not meet the terms outlined above or fail to remit the payment by the specified deadline, I will have no choice but to pursue all available legal remedies. This may include initiating a lawsuit to recover the {$200000.00} in damages, as well as any additional legal costs, interest, and potential punitive damages that may be awarded under applicable law. 

Please consider this an opportunity to resolve this matter without the need for formal litigation, which could result in further financial liability and potential reputational harm. 


Kindly confirm your intention to cure this breach by providing written acknowledgment of this letter and your commitment to repay the amount specified. If you require additional time or clarification, I am open to discussing an extension or addressing any concerns you may have. However, please note that the full payment is still expected no later than XX/XX/XXXX If you have any questions or wish to discuss this matter further, please do not hesitate to contact me at XXXX I look forward to receiving your prompt response and resolution of this issue. 

Sincerely, XXXX XXXX XXXX, legal representative on behalf of XXXX XXXX