Consumer complaint received 2016-03-25
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
I have submitted a complete mortgage modification application based on a material change in my financial circumstances and Wells Fargo Bank acknowledged receipt of my complete mortgage modification packet in XXXX XXXX, however since that time Wells Fargo Bank has not requested any additional documentation or sent out any decision. 
Civil Code section 2923.6 precludes the recordation of a notice of default where the borrower has submitted a " complete '' application for a loan modification on the first deed of trust, while the application is pending, or until the lender gives the borrower a written decision regarding the borrower 's eligibility for the loan modification. This section only applies to a first deed of trust on the borrower 's principal residence. If violated, the statute allows for injunctive relief to postpone a trustee 's sale and allows for a private right of action for damages, including attorneys ' fees, to the prevailing borrower for a violation. 
I have also never been contacted by a single point of contact and Wells Fargo Bank has not explored all foreclosure relief alternatives. Lender Compliance with Civil Code sections 2923.5 BEFORE notice of default can be filed, Civil Code section 2923.5 requires lender to contact borrower in default and " assess the borrower 's financial situation and explore options for the borrower to avoid foreclosure. '' Lender must attempt to make contact with " due diligence ''. The due diligence required is set forth in the statute. The CA. Homeowner Bill of Rights also provides that dual tracking protections can also protect homeowners who have been previously denied a modification, if the homeowner documents and submits a " material change in financial circumstances. '' I did submit a material change application with evidence of additional income and yet Wells Fargo has gone intentionally silent to preclude the ability to seek all foreclosure relief alternatives. 
Additionally, I have received XXXX curb appraisals from Wells Fargo Bank, XXXX in the amount of {>= $1,000,000}, and XXXX in the amount of {>= $1,000,000}. On XXXX XXXX, XXXX Wells Fargo sent out a 30 day notice to pay my past due amounts owed, or they would seek foreclosure. 
As a result I have been forced to accept a below appraised value offer on my primary residence in the amount of {>= $1,000,000}. 
Wells Fargo knows that any sale of my home will make any alleged beneficiary whole and yet they choose to foreclosure over the alternative to provide me with the ability to preserve my equity, and still be able to provide the beneficiary with a XXXX repayment, including all alleged arrears. 
I would like the CFPB to investigate this dual tracking issue, lack of due diligence issue, as I would like my SPOC to contact me to explore all foreclosure relief alternatives to avoid foreclosure, and be given more time to sell my home without being forced to seek State Law injunctive relief and Federal reorganization plans.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation