Consumer complaint received 2023-03-04
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I filed 3 complaints with the CFPB over the span of a couple years regarding the wrongful foreclosure of my home. The answers to the complaints danced around the mistakes made by Wells Fargo and their attorneys, and they specifically admit to the mistakes in some of their correspondence. There are several reasons this foreclosure happened and continued when it should not have. 

CFPB rules state a mortgage must be 120 days late before being referred to foreclosure. Wells Fargo placed my account on disaster relief for 60 days in XXXX of XXXX Letters from Wells Fargo state disaster relief will end XX/XX/XXXX. My account was referred to foreclosure and defaulted on XX/XX/XXXX 5 days after the disaster relief ended. They offered no loss mitigation options and had already begun working on the foreclosure as if I was never in disaster relief. In fact, letters from Wells Fargo indicated they would default on my mortgage on XX/XX/XXXX which a ) was far less than 120 days delinquent b ) was on disaster relief. Despite being referred to foreclosure, I was approved for a forbearance with XXXX trial payments of {$25.00} a month for 3 months. Despite receiving my 2nd payment of {$25.00} they cancelled the trial period and rescinded their offer for forbearance. Evidence of receiving this payment can be seen on the foreclosure worksheet where the {$25.00} payment was held in a special account, despite their claims it was never received. Furthermore, In a correspondence from Wells Fargo they actually say that they were not allowed to accept the {$25.00} payment I sent for the forbearance BECAUSE the account was sent to foreclosure on XX/XX/XXXX. So, they admit to not accepting my payment. 

My loan was securitized bundled and sold to XXXX XXXX despite having any proper documentation supporting this. 
Call Stop - In my first complaint to the CFPB you can see the RESPONSE from WF which says they can not reach me to solve the problem. But as Ive attached WF internal emails discussing my complaint to CFPB you can see where XXXX XXXX PUT A CALL STOP ON MY ACCOUNT PREVENTING ME FROM SPEAKING TO ANYONE on the same dates they claim cant reach me. Its no coincidence the call stop end date is XX/XX/XXXX which is the original date of the foreclosure sale. This was absolutely done deliberately so that I could not speak with anyone and prevent the sale from happening. 

CFPB guidelines state 1 point of contact when working with home preservation - not only could I not get through to anyone on the phone because of a call stop, I was assigned more than 4 different point of contacts over several months. Each of which ceased communication without reason. I was repeatedly told my file was incomplete, or once everything was sent in, more and more documents would be requested. Letters to the court from their attorneys state they they had a completed application for loan modification but that I decided to not move forward with this. Why would I spend years trying to get this done only to say I decided not to move forward? 

Wells Fargo foreclosed on my property despite claiming that they did not. Wells Fargo assigned my mortgage to XXXX loan servicing in XX/XX/XXXX and would not communicate any information from that point forward. Similarly, When I contacted XXXX loan servicing they told me to contact wells fargo. My only option was to file Bankruptcy to attempt to save my home and the foreclosure was suspended. After my bankruptcy was dismissed, Wells Fargo reopened the foreclosure case. WF attorneys moved forward with foreclosure pushing for an auction sale date, although WF denied having anything to do with the sale. Evidenced by the publication notification of intent to sell property at auction dated XXXX if XXXX for sale in XXXX. How can WF REOPEN a case that they are no longer involved in and legally auction off a property which they are a third party too? Not only did WF auction off my property, they remained the owners of the property being the highest bidder and obtaining title. Multiple documents from Wells Fargo claim this did not happen and that restitution would be given if they found otherwise. Not a single document with the court mentions XXXX XXXX, the owner of the mortgage or Specialized loan servicing whom Wells Fargo transferred the servicing rights to.

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