Consumer complaint received 2020-06-09
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am writing this letter to you and your colleagues to relate an abuse of which I believe you might be interested. At any rate please take the time to read through this correspondence. 
The abuses I am referencing have to do with Chapter 702 the Foreclosure of Mortgages and Statutory Liens legislature that has strengthened the Lenders ability to foreclose on the home owners in the state of Florida assuming the home owner meets all the requirements for a petition to foreclose. 
In XXXX I contacted my lender informing them that my former employers had sold their Out Patient XXXX XXXX XXXX to one of the local hospitals in the area which left me unemployed for nine months and although I was able to maintain my mortgage for that time frame with my savings and unemployment benefits. Unfortunately I wasnt able to find employment in my area forcing me to fall two months behind in my payments. Since I was unable to meet my financial obligations I signed a contract in XXXX to work in Texas for XXXX XXXX XXXX which is a travel agency for medical professionals. 
During this entire unfortunate timeframe my mortgage handler American Servicing Company ( ASC ) was very supportive and was willing to not only work with me while I generated some income, I was also able to uncover the reason I couldnt find employment in my area. 
Finally in XX/XX/XXXX my present employer offered me a position in the XXXX XXXX XXXX at the local hospital around the corner from my home. Although the Director thought I would fill the position immediately the hiring process was quite a bit longer than expected and I actually filled the position in XX/XX/XXXX. 
Your Honor, what I am about to express is the details of the abuse I mentioned in the beginning of this letter. 
In XX/XX/XXXX I contacted my new mortgage handler at Wells Fargo for the purpose of bringing my account current. It was my intention to submit a payment that would satisfy the arrears on my account. 
The representative I spoke with instructed me to send in the monies and she would decide how to apply it to my account. My response was that I wanted to ensure that the payment be specifically applied in a manner that would bring my account current. When she would not agree to apply the payment in the manner I requested, I asked if I could speak with a supervisor. Her response at first, was that no supervisor was on the floor. The second response was there was no supervisor available. In response I informed her that I would continue paying my monthly mortgage as usual until I was able to contact someone who would apply my payment appropriately. The Wells Fargo representative responded by informing me that she was going to make my life a living XXXX. 
The fact that I am writing this letter is proof that she has done just that! 
The very next day I went to one of the local Wells Fargo locations to make my payment in person and log a complaint against the representative I spoke with on the phone. Unfortunately the Wells Fargo representative at the bank informed me that my account had been placed in a foreclosure status and they were not able to discuss my account with me. 
Upon hearing this revelation I immediately began the process of contesting the foreclosure believing that our judicial representatives would hear the case, view the evidence and conclude that an injustice had been levied against us. I also believed that our judicial system would prevail over a bank employee who didnt appreciate being asked can I speak to your supervisor? 
Therefore after being involved with the Bankruptcy and Foreclosure Courts for the past seven years I have to ask : Can a bank employee who for whatever the reason : Having a bad day Didnt agree with or disliked a comment he or she heard Didnt appreciate a request to speak with their superior Act irresponsibly toward a consumer by exercising their authority in an abusive, callous manner, alter the conditions of a mortgage contract forcing the home owner into a foreclosure status and be allowed to get away with such an injustice? 
In addition to the information expressed earlier in this letter I was recently informed of the fact that it was impossible to expect justice in the Foreclosure and Bankruptcy Courts because the representatives in those courts have no jurisdiction over the banks. This as you might imagine was very disheartening especially when you consider the thousands of dollars I have invested in trying to overturn the injustices levied against me which is another reason I have addressed this letter to your office. 
If you would kindly inspect the attached documents which were submitted by the bank employee to the foreclosure courts you will find a copy of my account ledger which shows that I had made twenty four straight payments after the glitch I described earlier and if the bank employee would have included the complete ledger which began in XXXX, it would show that I had made all of my payments up to the glitch. 
I have also included a copy of my Loan Modification Agreement which shows that I had been compliant right up until the night I contacted my lender to arrange for payment of my delinquent payments. 
After reviewing these documents you will conclude that the only way there could be a foreclosure filed against is by someone who truly abused their authority and gave little thought to removing a family from their home. 
I appeal to your office to investigate this abuse and assist in overturning an injustice!

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