Consumer complaint received 2018-04-10
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
We have been battling our mortgage lender Wells Fargo for close to 8 years as we try to resolve the matter of a past delinquency on our mortgage for our home we have owned for 24 years. Our hardship ended several years ago, and we have the means to afford our regular mortgage payment and also have made an offer to repay our arrearages over time through a Chapter XXXX bankruptcy. Despite our pleas for assistance Wells Fargo continues to stonewall us and tell us that we dont qualify because of XXXX. When we ask them for information on the income that was used, or the property value or other inputs that determined their calculations they tell us that this is proprietary information. We have disputed this fact but Wells refuses to provide us with any answers. Even during our court ordered mediation and were told that these details on the inputs and income was proprietary. I know this to be false, and demand that Wells Fargo step up and provide this information. 
I have worked as a XXXX  for over 40 years and my wife as a XXXX XXXX  for over 30. We refinanced into a negative amortization loan through XXXX XXXX in 2005, with the belief that we understood how this toxic loan worked. Even so we were caught off guard as the interest rate and principal balance increased on our loan. This coincided with the great recession which wiped out our mortgage company and real estate brokerage and led to a loss of close to $ XXXX. Things were so bad we had to liquidate our XXXX and sell jewelry and gold just to keep the lights on as long as we could. When we began missing mortgage payments we contacted Wells to apply for a loan modification. We were denied several times, being given a different reason without any back-upnegative XXXX, documents not received in time, income etc. these multiple denials occurred in the same time frame that the state of California AG office had reached a settlement with Wells Fargo relating to these neg am loans originated by XXXX XXXX. They were ORDERED to modify the loans of the homeowners in this class and to also consider principal balance and arrearage reduction. We were never given access to these programs. 
In order to protect our home, we filed bankruptcy and over the next five years made regular payments through the court trustee ( which went to Wells Fargo ) of {$1500.00}. When the bankruptcy was discharged, we were in a much stronger financial situation and we began trying to apply for a modification with Wells. Before we could even get a review opened Wells Fargo had set a new foreclosure sale date in violation of the California Homeowners Bill of Rights. After consulting with counsel, we found that our county had a special provision through the bankruptcy court that allowed homeowners who were with Wells Fargo and had already gone through Chapter XXXX to re-enroll in a Chapter XXXX bankruptcy in order to continue making payments while trying to negotiate a modification. We are now making monthly payments to the trustee of {$4800.00} XXXX which is the full PITI payment due to Wells ) and then applied for court supervised modification. As mentioned, we were once again denied for XXXX and when we tried to get any information about how this was determined we were stonewalled and told this information was proprietary. 
Wells is receiving the full monthly mtg. payment through the trustee. We deserve to be reviewed for a modification that will encapsulate the arrearages ( not the late fees ) or some type of forbearance plan or even a repayment plan based on our current and correct financial information. We have submitted a repayment plan through the bankruptcy court that would have us pay off approximately {$500000.00} in arrearages over the next 51 months which would end at the time of the bankruptcy discharge. We are not asking for anything for free, just common sense solutions.

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