Consumer complaint received 2019-01-09
Company: WELLS FARGO & COMPANY
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
My husband died on XX/XX/XXXX, or XX/XX/XXXX. He died in his sleep. At the time of his death he had a home mortgage with Wells Fargo Bank. The property involved here was a property left to him by his mother.So even though we lived there the property was considered separate property. At the time of his death, I was not sure weather he had paid the mortgage so on XX/XX/XXXX I went to a Wells Fargo branch and advised them that my husband had died and I wanted to make sure his mortgage had been paid for the month. I requested that they advise the life events division that he had died. They accepted the payment. I advised that I would bring the death certificate when I received it.When I got the death certificate I went to a branch and gave them a copy of the death certificate, again requesting that it be forwarded to the life events division. I also made the XX/XX/XXXX mortgage payment. I also called Wells Fargo and advised that my husband had died and that I was calling about separate property. They would not speak with me because I was not on the loan. I sent them a copy of the death certificate and again requested that someone contact me in reference to me becoming the Successor in Interest on this loan. I continued to make payments until XX/XX/XXXX. When I attempted to make payment in XXXX they advised that they could not take the payment because it was delinquent when he died. I advised that I had been making payments and had requested to be placed on the loan as Successor in Interest. I also advised Wells Fargo that my husband had a minor child when he died and that I was attempting to become his Conservator/guardian so that I could resolve this matter for both our interest in probate court. I again requested the paperwork to begin the Successor in Interest designation. I advised that under Dodd Frank and the CFPB guidance there was NO ability to repay process to become the Successor In Interest. Wells Fargo still would not start the process. I had been in contact with Wells Fargo weekly in reference to the Successor In Interest process. I requested that my request be sent to the legal division because the people I was dealing with did not know what I was referring to. I also gave them the information relating to my stepson 's conservatorship. They sent a letter about reinstating the loan and I advised that this would be included in the Successor in Interest and reminded them that they had refused to take payments from me after XX/XX/XXXX. I again requested to be put on the loan. In XX/XX/XXXX, I received a notice to vacate my home advising that it had been sold on XX/XX/XXXX. I never received any notice of any foreclosure as it related to the property. Nothing came in the mail or was served on the Estate of my husband or to me. I was forced to go to court to stop the eviction. After researching the foreclosure I discovered that the foreclosure had been processed in the name of my deceased Mother in Law. No paperwork appeared in my mailbox relating to my husband! The loan on this case had been in my husbands name since XXXX. It also took him great difficulty to put the loan in his name after his mother 's death. Nothing relating to this loan should have been processed in his Mother 's name after he became the obligatory on the loan. I was forced at great expense to go to Court to stop the eviction. Because I was dealing with Wells Fargo and because of all of the reputational issues relating to the fraud perpetrated against its customers I was able to convince the Judge to dismiss the eviction. I again requested that I be made Successor in Interest. Today ( XX/XX/XXXX ) Wells Fargo advised that they had the legal right to foreclose in my Mother 's in Law name without notice to my husband 's estate or to me.

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