Consumer complaint received 2022-01-26
Company: WELLS FARGO & COMPANY
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Dear Wells Fargo Home Loans, the Florida Department of Revenue is the tax collector for the State of Florida. The agency ( Florida Department of revenue ), imposes nonrecurring taxes on a renewal note .... see Fla. Stat. Chapter 12B-4.051- '' Taxes are imposed on a renewal note ''. Florida section 201.08 ( 5 ), F.S, defines a renewal note to include a loan modification where the principal balance increases. These nonrecurring taxes are due within 30 days of signing a loan modification agreement where it reflects a consideration amount or a principal balance increase by its own terms. In the State of Florida ... ..a lender does not have any enforceability in any court room of this state until and unless the nonrecurring taxes due are paid. Fla. Stat. 201.08 ( 1 ) ( b ) - " The mortgage, trust deed, or other instrument shall not be enforceable in any court of this state as to any such advance unless and until the tax due thereon upon each advance that may have been made thereunder has been paid ''. Fla. Stat. 199.282 ( 4 ) - '' No mortgage, deed trust, or other lien upon real property situated in this state shall be enforceable in any Florida court ... until the nonrecurring tax imposed by this chapter, including any taxes due on future advances, has been paid and the clerk of circuit court collecting the tax has noted its payment on the instrument or given other receipt for it ''. Wells Fargo filed a foreclosure action claiming a breach of contract under the terms of the loan modification agreement that was executed on XX/XX/2010. The loan modification does not have any enforcement because Wells Fargo failed to pay the nonrecurring taxes due in the amount of {$690.00}, and until the taxes due are paid Wells Fargo Home Loan will never have enforcement in any court room in this state. Here 's the break down for clarity ... .The original terms of the note {$450000.00} .... loan modification reflects a new loan amount increased ..which is the deferred amount {$120000.00}. Taxes are imposed by the Florida Department of Revenue therefore Wells Fargo does not have no enforcement in any Florida Court, nor the courts have jurisdiction in regard to the matter. In fact, a defendant can raise these issues as a matter of jurisdiction. The nonrecurring taxes in the amount of {$690.00} are due since 2010, as of today Wells Fargo have yet to pay and comply with the state of Florida section 199, which may be construed as tax evasion in this state. Assuming that you want to comply with the statute at this late juncture... please know that Florida statute 695.26 ( 1 ) & 695.03 barres anyone from recording a mortgage without acknowledgment of the parties signatures. The loan modification does not reveal that the signatures were acknowledged by a notary. The instrument reflects that no one acknowledged the banks signatures nor the borrower. The notarization that appears on the instrument is invalid. The lender signed on XX/XX/2010, and the borrower on XX/XX/2010, yet the notary made an acknowledgment on XX/XX/2010? The record shows the notary failed to acknowledged either because non of the parties were present on XX/XX/2010 before the notary... .food for thought. Wells fargo... please know that when this evidence is presented to a judge during trial... you will lose the trial to the lower courts and any further appeal... .XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX We are giving you 3 business days to comply with a loan modification, this is our last communication to you.

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