Consumer complaint received 2021-03-11
Company: WELLS FARGO & COMPANY
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Follow-up to Transaction ID XXXX from XXXX Case # XXXX Since my initial complaint in XXXX, I have recently asked Wells Fargo numerous times with no answer whether my wife, XXXX ( divorcing ) has signed, notarized, and submitted the HUD partial claim 2nd lien loan on our house. After several attempts at communication, XXXX has finally answered me about the issue on XX/XX/XXXX, and said that she did sign and send in the loan documents to Wells Fargo several weeks ago. Yesterday,XX/XX/XXXX, Wells Fargo Home Preservation Department told me they can not find my wife 's signed and notarized HUD partial claim contract documents in the Wells Fargo system. Either Wells Fargo has misplaced the documents, is intentionally withholding them from me, or my wife did not send in the documents. Married couples sign mortgage documents together ; ours are separate. I need to see we are signing the same documents and she actually signed them. I require a full copy of the signed and dated by my wife HUD partial claim documents, and Wells Fargo is not sending me a copy because they are saying they don't have it even though my wife says she mailed it to them weeks ago. 
My wife 's actions by not paying the mortgage on our house for 7 months in 2020 are a direct breach of the XXXX Court 'sXX/XX/XXXXAgreed Temporary Orders forbidding encumbrance or additional loans on our house. She incurred debt of almost {$9000.00} over 7 months in 2020 all on her own without my knowledge or consent, no notice to the Court, and Wells Fargo did the same working with her, all without my knowledge or consent. On XX/XX/ I faxed the entire 21 page ATO agreement to the Wells Fargo Executive Offices including pointing out the relevant Court Orders and confirmed with Wells Fargo that they received the documents. 

This past fall, Wells Fargo told me in writing and on the phone several times that either borrower party had the right to put the loan into forbearance and modify the loan as allowed by the loan Note. There is no such language allowing unilateral action in the note by just one of the two borrowers. In a phone call and in her WF letter on XXXX, XXXX XXXX, Case Specialist with the Executive Offices, Wells Fargo finally agreed that the Note my wife and I signed at closing on the house in XXXX does not state it " allows anyone who signs it the authorization to make changes to the account, which include requesting payment assistance ''. This was a statement they had " confirmed '' to me in their letter dated XXXX. Now the WF Executive Offices have agreed the confirmation was incorrect and the Note does not allow for such unilateral action. But still say both parties must sign the HUD partial claim loan in order to prevent foreclosure. 
Wells Fargo has been deceptive, and misrepresented the contractual obligations to me, their customer. I am being forced into this disobedience to the XXXX Court 's Orders by XXXX and Wells Fargo. This should be XXXX 's sole {$9000.00} debt based on her actions with Wells Fargo and breach of the Court 's ATO Agreement. This seems very wrong. However, in order to keep out of imminent foreclosure by my wife 's actions, for the current benefit of our children, and to try and preserve our house equity as much as possible, I will sign the HUD partial claim loan under protest. 
XXXX XXXX

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