Delassus got the first odd letter from Wells Fargo on Jan. 29, 2009. It informed him that Wells' tax service provider, First American Real Estate Tax Service, "reported delinquent taxes for the property located at: 320 Hermosa Beach Avenue 105."
Delassus, told that he owed taxes of $13,361.90 for 2007 and '08, was baffled. His attorney Anthony Trujillo, a friend and next-door neighbor, says Delassus was actually six months ahead on his taxes, which he paid directly to L.A. County.
On March 9, 2009, according to court documents, the bank informed Delassus that it was doubling his monthly mortgage payment to $2,429.13 to recoup the $13,361.90 in taxes.
"He came to me and told me what was going on" a couple of months later, Trujillo says. At that point, neither man knew that a bank typo was to blame. In December 2009, Wells Fargo notified Delassus that it intended to foreclose.
Then in May 2010, Trujillo discovered the erroneous fine print in Wells Fargo's original 2009 letter to Delassus the "parcel number" off by two digits and belonging to somebody else.
In court documents later, Wells Fargo attorney Robert Bailey of Anglin Flewelling Rasmussen Campbell & Trytten LLP admitted the bank's mistake: "Wells Fargo paid the amount it determined was owed to the County Assessor: approximately $10,500. This was a mistake. The $10,500 was the tax amount owed on a neighboring property, not Plaintiff's." (Bailey did not address the discrepancy between $13,361 and $10,500.)
Bailey added: "In September, 2010 Wells Fargo acknowledged its error in paying the taxes on Plaintiff's neighbor's property and corrected it." By then, however, Delassus was so far behind on his mortgage payments wrongly doubled by Wells Fargo that the bank refused to let him resume his $1,237.69 installments, Trujillo says. He faced a sizable "reinstatement" cost which is often the past due amount plus fees.
In an unsettling new twist, Delassus couldn't get Wells Fargo to tell him how much his reinstatement cost was. Later, in a videotaped deposition, Trujillo asks Michael Dolan, a litigation-support manager for Wells Fargo: "So Plaintiff was never provided with the reinstatement amount after the bank discovered its error, correct?"
Dolan responds, "That is correct."
Delassus and Trujillo who is a business litigator but not a mortgage attorney could have sought help from the Consumer Financial Protection Bureau, or from the Comptroller of the Currency in Washington, D.C., says Brian Hubbard, spokesman for the comptroller's office. But neither man knew about this outside help.
On Jan. 19, 2011, Trujillo videotaped Delassus on the phone, quietly speaking to a Wells Fargo representative. (Wachovia merged with Wells Fargo in December of 2008.) "Wachovia's never sent me how much my monthly payments would be, if that includes escrow or anything," Delassus says to the bank. "I'm kind of in the dark here. Reinstatement ... what would that be?"
After being transferred to another representative, Delassus says to Trujillo, "The music's gone, but nobody answers. I think we're disconnected. Shit. Hello? Hello? Dial tone. Fuckers." Six days later, on Jan. 25, 2011, Delassus did hear, clearly, from Wells Fargo: It wanted the total payoff amount on the condo, $337,250.40. (Wells Fargo refused to comment on specifics of the case.)
The huge sum was due the very next day, Trujillo says. Instead, he sued the bank on Jan. 26, claiming negligence and discrimination against a disabled person.
On May 13, 2011, shortly after another bad bout of illness, Delassus' condo was sold by the bank. In a videotaped court deposition later, Delassus breaks down crying. "I came back from the hospital, and that very day, they sold the son of a bitch," he says. "I'm homeless. I did not have a home. My condo 16 years, gone. Gone."