Consumer complaint received 2018-04-16
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I had a mortgage through Wells Fargo. In XX/XX/XXXX, a family member came to live with me because he was having medical issues that he could not handle on his own. Because of his medical issues and needing special medical equipment and expensive medications, some which were not covered by his insurance ; I paid for those items out of my own pockets which forced me to be late on a few of my monthly mortgage payments. I contacted Wells Fargo and explained the situation and WE ( Wells Fargo and I ) agreed that it would be best for me to apply for a Mortgage Modification. At and around the same time, while waiting for Wells Fargo to determine if they would approve the modification, I also applied for the HARP loan. I was denied the HARP loan, due to not qualifying because I technically made too much money. Wells Fargo finally approved my Modification which would reduce my monthly payment by almost {$200.00}. The notary came out to my home and I signed the modification documents. I was in a trial period in which I made all of the payments. Wells Fargo contacted me by phone and stated I needed to sign a second set of Modification documents because the first set was missing one page. I looked through the documents and compared the second set of documents to the first ones I had already signed and could not find any difference.

I got behind 2 payments ( after the trial period ) again, due to my family member being hospitalized with more medical issues. I sent additional money when I could. Wells Fargo sent threatening letters of foreclosure and a representative I spoke with threatened to take my home through foreclosure if I didn't make my payments. My family member moved into hospice and I decided to sell my home before the foreclosure process would begin.

My home sold fairly quickly! During this closing process I learned that there was a Second Mortgage on my home through the HUD. I was not aware of a Second Mortgage until the closing process ; so I contacted Wells Fargo and spoke to XXXX XXXX   on a few occasions and asked him where did this Second Mortgage come from since I had not applied for a Second Mortgage. XXXX XXXX   placed me on hold and scoured through the Wells Fargo database ( s ) to see if he could locate my application for the Second Mortgage. HE COULD NOT FIND ANY DOCUMENTATION to show I had applied for a Second Mortgage! He indicated that he found the second set of Modification documents that I signed and he too, stated that he did not see a difference between the first and second set of documents. XXXX XXXX stated that he would take my information and pass it on to the next level so they could conduct and investigation as to what really happened. To this date, I have yet to hear back from Wells Fargo!

I continued the closing process of selling my home. XX/XX/XXXX I sent a letter to XXXX XXXX XXXX XXXX, who is a contractor for the Department of Housing and Urban Development ( HUD ) and requested a copy of the Partial Claim Promissory Note which listed the amount of the Second Mortgage, {$63000.00}. I did not apply for a Second Mortgage, only a Modification to my loan, which was granted and approved by Wells Fargo. When the process of closing of my home was finalized, the {$63.00}, XXXX was deducted from final calculations and sent to the HUD.

Wells Fargo can not produce an application where I applied for a Second Mortgage and even when the recording he instrument with the County Recorder, the forms were not filed until almost a year later!!!

The {$63000.00} should be returned to me because I DID NOT FILE FOR A SECOND MORTGAGE and Wells Fargo is negligent in their business practices as it has been proven. I am another one of the many victims and former mortgage holders doing business with Wells Fargo. Their bad banking practices of creating unauthorized accounts and loans for customers and changes to their mortgages is what caused my {$63000.00} to be deducted and paid to the HUD.

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