Angry that Wells Fargo banksters would treat a sick and dying woman with no human compassion? On Monday, please call Wells Fargo’s counsel Stacie C. Knight from Winston & Strawn LLP at 704-350-7712. Wells Fargo Foreclosure Victim May Die If Forced Out of Fresno Motel on Tuesday Fresno, Calif. – Sept. 6, 2013 – After she was illegally thrown out of her Fresno home (728 E. Magill Ave.) by Wells Fargo in May, 63-year-old Marsha Kilgore, who suffers from advanced chronic obstructive pulmonary disease (COPD) and congestive heart failure, will be kicked out of her room at Rodeway Inn (959 Parkway Dr.) on Tuesday. Kilgore, along with her disabled 36-year old daughter Brooke Noble and five dogs, was given just days to relocate because of the electricity costs of her life-saving oxygen tank. If Kilgore is evicted on Tuesday, she will possibly die without the electricity needed to run her oxygen tank. “Wells Fargo promised to modify Ms. Kilgore’s pick-a-payment loan as part of a class action settlement in 2011,” says Kilgore’s lawyer Huntington Beach-based Lenore Albert. “Since that time, Wells Fargo has been foreclosing on the elderly and disabled who had pick-a-payment loans by using the settlement agreement as a shield.” In May, says Albert, Kilgore was locked out of her home even as Wells Fargo knew she was dependent on oxygen, which requires electricity. “Wells Fargo refused to pay Ms. Kilgore as part of the class action settlement or to modify her loan,” says Albert. In addition, Medicare is now refusing to give Ms. Kilgore her government subsidy to offset the cost of electricity because she is living in a hotel instead of a permanent residence as required by the government, so says Albert. Rodeway Inn has threatened to increase her rate from $35 to $45 a day for the electricity costs because it costs $10 a day to run without the government subsidy. Kilgore, who can barely talk from her advanced COPD, says she started working at age 13. In 1992, she bought a modest home in Fresno. Because of the mortgage crisis, her loan was bought and sold by various banks throughout the years without any title. In 2006, she attempted a remodification with a pick-a-payment loan, but the bank refused. After years of battling the banks, Kilgore was illegally evicted this May. Turning to the state of California for help, Kilgore discovered her case was part of the aforementioned class action lawsuit and was owed $50,000 from Wells Fargo pending a court judgement from Northern California District Court Judge Fogel’s desk, which she has been unable to obtain. “Our government issues temporary restraining order (TROs) to protect animals from cruelty and testing, but unfortunately Judge Fogel cannot find any similar law to issue a TRO for Ms. Kilgore or other persons in her situation,” says Albert. Last year, Kilgore hired an attorney to plead her foreclosure case. She had a TRO and a “lis pendens” in place and yet Wells Fargo was still able to illegally take her home and kick her literally to the street without her oxygen machine. Kilgore then retained Albert as her attorney to obtain an emergency TRO from Judge Fogel, who happens to be monitoring the Wachovia pick-a-pay settlement. “We didn’t get the TRO from Judge Fogel,” says Albert, “but we will keep trying because the law is based on equity and equity exists to address and protect human life with just as much vigor as preventing cruelty to animals.” Ms. Kilgore is seeking help from the Fresno community to find a new residence. Angry that Wells Fargo would treat a sick and dying woman with no human compassion? Please call Wells Fargo’s counsel Stacie C. Knight from Winston & Strawn LLP at 704-350-7712. ### Media Contact: Lenore Albert, docket@interactivecounsel, 714-372-2264
Posted on: Mon, 09 Sep 2013 02:04:27 +0000
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