Consumer complaint received 2023-12-17
Company: WELLS FARGO & COMPANY
State: LA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Paying off the loan

Complaint:
For more than a year, Wells Fargo has rejected all lawful tenders to pay off the mortgage or provide proof that they are the owner in due course of the note and the mortgage. They have refused to provide proof of the original signature on either the mortgage or the note. 

XXXX XXXX XXXX was the originator of the alleged loan, an in a conversation with XXXXXXXX XXXX they admitted that their books were balanced they day of closing and they did not suffer any decrease in their accounts on the day of closing. 

Under Dodd-Frank Act : the credit application was the credit and collateral for said loan security. SSA-89 form clearly states that they would receive funds even before the work would have begun. 

Neither Wells Fargo nor XXXXXXXX XXXX has provided proof of a loan to show either performance of providing funds to close. Neither has showed proof of the XXXX date the mortgage was placed in the XXXX XXXX. On XX/XX/XXXX, without any proof of a loan, our home was sold via XXXX XXXX in XXXX XXXX Louisiana Docket # XXXX, to an investor The XXXX XXXX XXXX, XXXX headed by a member of XXXX XXXX XXXX XXXX XXXX Department and his wife that is an attorney. 

Despite all the evidence provided to the courts, no one to this day has looked over the documents provided. The sheriff 's office arrived at XXXX on XX/XX/XXXX and said I had to be out of the residence by XXXX the following morning or forcibly removed. 

Under Tender Of Payment law, multiple tender 's were refused by Wells Fargo. A bill of exchange was finally delivered to the court and receipted into the case and was directed to be recorded into the Court Registry Investment System as full payment and settlement of the account. The courts kept the original deposit of the Bill of Exchange, they sent a copy of the original back under seal of the court. No action was taken to investigate the other evidence and documents of ownership, payment, or securities fraud pointed out. 

Under Louisiana TITLE 9 Civil code-ancillaries RS 9:5167 Cancellation of mortgage or vendor 's privilege by affidavit of notary or title insurer where paraphed note or other evidence is lost or destroyed No evidence of a true right to claim or foreclose has been provided.

Under 2019 Louisiana Laws Revised Statutes Title 10 - Commercial Laws 3-603. Tender of payment has been evidenced multiple times in the court records XXXX # XXXX XXXX XXXX XXXX, XXXX, Louisiana. 

The alleged loan, closing was XX/XX/XXXX ; the Wells Fargo assignment did not appear until XXXX, XXXX XXXX ) years later. Neither Wells Fargo nor XXXXXXXX XXXX could provide any proof of a decrease in their accounts on closing date. Neither could provide a cancelled check or deposit receipts for the loan. Not one document other than their reference to the HUD 1 statement, that does not show either produced any funds at closing to close the loan.

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