Consumer complaint received 2021-04-14
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
THIS IS MY SECOND CONSUMER FINANCIAL PROTECTION COMPLAINT - WELLS FARGO HOME MORTGAGE CLOSED OUT THE PREVIOUS COMPLAINT WITHOUT RESOLVING THE ISSUE. 

XX/XX/XXXX XXXX XXXX, Chief Executive Officer Wells Fargo Executive Office XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX Wells Fargo Fax ( XXXX ) XXXX Dear Mr. XXXX : Mortgage : XXXX This is my second Consumer Financial Protection Bureau complaint to address the Wells Fargo response received on XX/XX/XXXX ( reference Document # 1 ). It is full of inaccuracies and continues to place Wells Fargo in potential violation of the CARES ACT given there was not an adequate resolution to the initial CFPB complaint. 

In summary : In XX/XX/XXXX I requested a Covid-19 Mortgage deferral with the Wells Fargo Customer Service Center - during the conversation it was approved for three months with an acknowledgement the payments would be added to the end of the loan. ( XXXX - XX/XX/XXXX ). 

In XX/XX/XXXX I requested an extension of the Covid-19 Mortgage deferral with the Wells Fargo Customer Center - during the conversation it was approved for an additional three months with an acknowledgement the payments would be added to the end of the loan. ( XXXX XX/XX/XXXX ). 

Since I was in Bankruptcy, Wells Fargo sent an approval letter to the XXXX Bankruptcy Trustee, XXXX XXXX, P.A. ( my attorney ) and to me ( reference Document # 2 ). XXXXIn XXXX XXXX I resumed paying my Wells Fargo Mortgage one month earlier than the original six-month  Covid-19 waiver. I continued to pay my Wells Fargo mortgage as agreed in XXXX, XXXX, XX/XX/XXXX, XXXX and XX/XX/XXXX. 

Unfortunately, starting with my first resumed payment, Wells Fargo incorrectly posted the XX/XX/XXXX payment to the deferred month of XXXX, XXXX and every subsequent payment was applied to the deferred months ( XXXX, XXXX, XXXX, XXXX, XXXX XXXX. This decision by Wells Fargo effectively negated the Covid-19 Deferral Agreement. It could negatively impact my credit history as evidenced by the Wells Fargo Credit Reporting History ( reference Document # 3 ). 

The Wells Fargo explanation provided on XX/XX/XXXX argues that since my attorney, XXXX XXXX did not provide additional documentation in XXXX I XX/XX/XXXX, subsequently, the Covid-19 Mortgage deferral was cancelled ; however, it is a false justification as from DAY 1 ( starting in XXXX  ) Wells Fargo erroneously applied my mortgage payments to the previously approved Covid-19 deferred payments. 

Key facts during this time period : 1. Under the CARES ACT for XXXX XXXX loans any required documentation was to h~ve been provided to the client before the end of the forbearance period which in this case should have been sometime in XX/XX/XXXX. 

2. Neither the U.S. Bankruptcy Court, XXXX XXXX, PA or myself received any further communication from Wells Fargo requiring additional documentation to honor the 3. At no time during XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX did I receive any bank statements from Wells Fargo showing my account to be delinquent. 

4. For years all payments to Wells Fargo have been wired from my XXXX XXXX  account ( with no issues ) in spite of the claim payment was not received in XX/XX/XXXX. 

5. When I submitted a written request for my Wells Fargo Home Mortgage records, the reply received was the request was too broad. 

Adding to the confusion, I was not notified until late XX/XX/XXXX that Wells Fargo Home Mortgage effective XX/XX/XXXX sold my mortgage to XXXX XXXX XXXX  XXXX. Since my Wells Fargo XX/XX/XXXX payment had already been wired, I contacted the Wells Fargo Customer Center ( reference Document # 4 ). At that time I was assured the XXXX payment would be forwarded to XXXX XXXX XXXX. 

Shortly, thereafter, I received a letter from XXXX XXXX XXXX demanding a lump sum payment of {$8100.00} and notification the company was actively moving forward with a XXXX, XXXX Court Motion in U.S. Bankruptcy Court for an impending foreclosure. 

Again, when, I requested the notes from my conversations with the Wells Fargo Customer Service Center, it was claimed my request was too broad. Quite candidly, in those conversations there is additional documentation of the Wells Fargo commitments made to me ... .the commitment on the Covid-19 mortgage deferral payments with those payments to be added to the end of the loan and the discussion on the XX/XX/XXXX mortgage payment. 

Fortunately, XXXX XXXX XXXX has reviewed my documentation and agrees the Covid-19 Mortgage deferral should be honored and are in the process of updating their records ( reference Document # 5 ).

However, the outstanding issue remains the incorrect information Wells Fargo Home may provide to the Credit Bureaus. Please confirm the payment schedule will be corrected immediately and, if any information is provided to the Credit Bureaus, it accurately reflects the correction, As always, XXXX XXXX XXXX Document # 1 - XX/XX/XXXX Wells Fargo Home Mortgage response Document # 2 - Wells Fargo Certificate of Service to United States Bankruptcy Court Document # 3 - Wells Fargo Loan Information Report Document # 4 - XXXX XXXX Statement of Wells Fargo payments Document # 5 - SXXXX XXXX XXXX XX/XX/XXXX Approval

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