Consumer complaint received 2019-12-12
Company: WELLS FARGO & COMPANY
State: NM
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
In 2013, Wells Fargo foreclosed on my house and I participated in the HAMP program. I wrote wells fargo on XXXX XXXX, a faxed letter which they have stated they received, asking them many questions about the mortgage, and the second mortgage that needed to be taken care of or what was the use of fixing the first mortgage. I never received an answer. 

Wells Fargo never made mention of the second mortgage, and when the third party agent who represented me asked they still never answered the question. My HAMP mortgage was modified for only the first mortgage, and wells fargo kept silent about any type of 2MP plan, or what they could do to consolidate the second mortgage into the first. Again, no answer. Wells Fargo never entered my 2nd mortgage into any data base that would have stated whether XXXX, owner of the second mortgage, would be participating in HAMP, which would have then transitioned my numbers for the first modification into a program, 2MP, to process the second mortgage. They omitted doing anything to help out my situation, including answering any of his questions over the loan, and how it would effect my ability to complete the loan modification done with Wells Fargo. Again, complete silence on the part of Wells Fargo. 

Wells Fargo then silently, without notification to me, cancelled the title insurance for the loan because the title company would not assign the insurance with the problem of the second mortgage still existing. This was all done behind my back, and I was never alerted to this fact. Wells Fargo ended the trial period and wrote a letter telling me I had succeeded in saving my house. This was an illusion. 

With no answer to the second mortgage, and the second mortgage refusing to foreclose so they did not have to participate in HAMP, I was falsely led to believe that my house could not be foreclosed on again, and that I was safe. 

My hardship for the loan was for the overwhelming effect that being XXXX  XXXX times in an attempted XXXX had on my life. Wells Fargo knew I had XXXX, and that anyone with issues like mine were not on the same level as others trying to modify their loan. Instead of helping me understand the process, they remained silent on the most important thing that would stop me from completing my loan with wells fargo, the second mortgage, which I asked about in a letter, and through my third party representative. 

When no answers came I made up in my own mind as to why, and moved on with life thinking I was safe, but there was this ticking time bomb of the second mortgage hanging over my ability to complete the loan I had with wells fargo. 

The second mortgage foreclosed on me, 6 years later. I was forced to endure precursor XXXX  thoughts until I saved my house by being my own attorney. The process of this ticking time bomb exploding could have caused a XXXX  by being helpless to keep from going homeless. Had wells fargo told me about the second mortgage, and that it could not be combined with the wells fargo mortgage, and that XXXX was not a participant in HAMP, then I could have done something to stop the future foreclosure through an affirmative lawsuit, but I was left thinking all was ok, and I could not defend myself from a problem I did not know existed. 

If wells fargo thinks I should have known, it does not excuse their duty to disclose the facts from the questions I posed with them during the process to modify my loan. I was not in a mental state to know much of anything, and had Wells Fargo completed their duty to disclose I would have known of the impending time bomb of the second mortgage. The silence on the part of Wells Fargo kept me in the dark, and was an act of negligence under the HAMP rules. 

I was forced to endure mental pain that no one at wells fargo could understand. This pain was a direct cause of wells fargo not doing their duty to disclose a hazard they saw the whole time but ignored. The omissions of wells fargo were the proximate cause of my pain and anguish, and if not for my own intelligence, I would have been homeless due to wells fargo. Wells fargo owes me my loan and my house for the abuse of power by refusing to obey the rules governing HAMP.

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