Product: Mortgage

On XX/XX/XXXX I received a letter from Wells Fargo letting me know that they were aware of bad practices during the XXXX XXXX XXXX XXXX  in XXXX. Wells Fargo is giving the consumer an opportunity to mediate if we feel that Wells Fargo may have affected us and caused financial burden. They are offering mediators to us to see if we were affected by this practice. I have been in contact with 2 different mediators whom form no malpractice. I have since been escalated to the ECMO department and I am dealing with XXXX. She has up to now said they don't see where I was affected by this and I disagree. below is my hardship letter that will explain what i am talking about. She has also received this letter to her office along with the attached legal and accurate documents to prove the malpractice. 

Loan # XXXX Wells Fargo denied us help and forced us to file bankruptcy to protect us from loosing our home. We were finally given a solution when we made a formal complaint ( at that time ) the ATTORNEY GENERAL OF XXXX  XXXX XXXX, XXXX XXXX XXXX XXXX, The CONSUMER FINANCIAL PROTECTION BUREAU, THE JUSTICE DEPARTMENT Modification loan denied dates ( 5 times ) XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Home Preservation Bankruptcy Specialists throughout my requests for modifications. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Specialist XXXX XXXX XXXX After Filing for Bankruptcy my trustee had to resubmit our arrearage of $ XXXX from Wells Fargo. Our trustee gave Wells Fargo to submit all documents necessary and amount or arrearage to her by XX/XX/XXXX. 
Unfortunately Wells Fargo lagged and missed the court date. On XX/XX/XXXX according to my attorney XXXX XXXX Wells Fargo contacted the bankruptcy court and asked if our attorney would make a motion to reopen the case so the arrearage could be rolled into the chapter XXXX unfortunately it would cost more money to reopen my case. Our Trustee XXXX XXXX XXXX agreed upon the motion to reopen the case for Wells Fargo so long as they would modify our loan. We have tried two prior occasions once last XX/XX/XXXX and the second time XX/XX/XXXX. Those two occasions were turned down from modification. Since the case was resubmitted in XX/XX/XXXX we were denied two more times and we were notified by our home preservation specialist at Wells Fargo XXXX XXXX that we could appeal the decision by rewriting another letter of hardship and they would review the case again. When we told her that our Trustee could possibly retract on the arrearage and not included in the XXXX XXXX payments because they had not followed through with their agreement, she was told that they would begin following procedure to repossess our home. We were mailed a letter stating that our hardship was not permanent nor it was enough to modify our loan. We explained to XXXX, if we were not in a hardship, our payments would be current. XXXX also informed her that in order to modify alone you must be current on your home payments. However, at this point we were two more payments behind due to our hardship. We explained to XXXX XXXX if we could make our payments we would not be needing a modification. As of XX/XX/XXXX we appealed our case again and we were sent a letter stating that Wells Fargo would re-review our case. Within a week, my wife made a formal complaint against Wells Fargo practices to XXXX XXXX XXXX XXXX, Attorney General of Texas XXXX XXXX, The US Justice Department, and Consumer Federal Protection Bureau. My wife was given a call by XXXX XXXX XXXX an executive mortgage specialist. She informed my wife once again we did not qualify for the modification because our income to payment ratio was not enough. The percent they got made it look like we could afford our home. They based it on our gross income. That does not help anybody to qualify. As there are overhead expenses and taxes to take into consideration. That makes no sense at all. XXXX XXXX informed my wife that there were no other programs to save us from losing our home except for a short sale. My wife informed her that we didnt want to lose our home and asked how it would be possible to qualify for a modification loan. XXXX XXXX told my wife if she was to close down her business then we would qualify. That means I would have to make absolutely no income and be on time on my payments. That was not an answer. We expected to hear from a person who is an executive mortgage specialist for Wells Fargo not a bully. We felt attacked and helpless at this point. How can anyone doing this have a conscience. On XXXX XXXX XXXX XXXX sent a letter with her version of how we were at fault for why Wells Fargo would not modify us. She mentioned in the letter that as of XX/XX/XXXX it was determined that we were unable to approve a workout option for the loan. She also mentioned that the criteria that needed to be met, which would need to include the inability to maintain payments on the property as a result of a financial hardship. So one minute Im being told I have to be current on my loan to qualify, but now its being said that we would have to have the inability to maintain payments on the property as a result of a financial hardship to qualify. At the end of the letter, one of the last lines on page XXXX says as of the date of this correspondence, the mortgage loan is contractually due for the XX/XX/XXXX through XX/XX/XXXX mortgage installments. What does that mean? We were in arrearage 10 months. Wouldnt that qualify me for a modification loan based on what XXXX XXXX states in the letter directed to myself, my lawyer, XXXX XXXX XXXX, and the CFPB. Obviously, even after she sent this letter, it was proven that there was a way for me to get modified for some sort of modification loan. XXXX XXXX through Wells Fargo. My wife told XXXX XXXX that we would no longer be making our mortgage payments if she was going to assume the process of repossessing our home. My wife had also read up on an article that Wells Fargo was involved in a discrimination case against Latin Americans and African-Americans between XXXX that was settled in XX/XX/XXXX. 
After researching this case we are beginning to feel discriminated against. My wife and I at that point stopped making our payments to Wells Fargo because we felt that if we were not going to be modified this time, they would take our home from us anyway. We were emotionally exhausted with the mirage that they cared and wanted to help their customers. We do not rely on anyone to bail out just to be fair. All we asked was fairness from the bank that had a huge bail out from the government. Because of Wells Fargo we were forced to file for bankruptcy so we could have some thing to protect us from losing our home and there was no way we could catch up on 10 months of payments. What I found interesting was once I made my formal complaint to our US Senator all of the sudden I was able to get modified and they were able to help me. I also find it disheartening how I was told we didnt qualify and there was nothing Wells Fargo could do to help. 
My automatic assumption is that Wells Fargo just wanted to take my home anyway. It caused so much hardship and heartache trying to have to explain to our children at that time that we were going to be homeless and that the bank was going to take our home. The persistent callers, visits, and mail we received from the threat to reposes our home from Wells Fargo was excruciating. I believe their hope was that they could posses my home before the trustee would give them an opportunity to reopen the case. At this point our credit was ruined, we had to wait five years to finish our XXXX  XXXX, which we paid off, and 10 years for it to come off of our record which put us in XXXX just last year. During this time we were unable to help our son with college, purchase a vehicle because one of our vehicles had been totaled, nearly divorced as to break up our family, and dealt with severe XXXX. When we received your letter of mediation. I decided to go ahead, and follow through with it because I feel like I was not treated fairly and we were not taken care of by Wells Fargo. Whether it is discrimination or just the fact that Wells Fargo is so greedy, they didnt care who they took their homes from. They gladly accepted the bail out from the government and didnt use any of that money to help modify the people who needed it the most. We are middle class hard working people and we dont rely on the government unless necessary. Thankfully we have been able to come out of this, but not without the pain and suffering it caused. I believe Wells Fargo should be responsible for at the very least a settlement which we would be happy to negotiate. In the meantime, I have already contacted our US Senator once again, and the CFPB I have let them know up to this point nothing has been resolved regarding mediation. We are waiting for the Senator to reply and CFPB to respond. 
I will also be attaching all of the hardship letters that I sent to Wells Fargo, to the CFPB, president of Wells Fargo, and to the office of XXXX XXXX XXXX during the process.