Consumer complaint received 2019-06-13
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
See attachment associatedXXXX  XXXX Loan number : XXXX California is at anti-deficiency state. If Wells Fargo felt that there was money owed after that foreclosure they should have done a judicial foreclosure instead of a non-judicial foreclosure. When foreclosing on a home a bank has to follow State rules and regulations where the home and the property is located. Being an anti deficiency state California has strict rules and regulations as far as foreclosures are concerned. For instance California has a cap on attorney fees. See California laws regarding attorney fees in this letter. Also there are California rules and regulations regarding late fees please see California rules and regulations with him this letter. 
Wells Fargo made a promise to the state of California regarding their foreclosure practices. They are bound by state and federal laws. But because nobody is overseeing their fraudulent behavior they are continually doing the same behavior that they were restricted from. I'm asking the consumer financial protection bureau two monitor this complaint because of the fact that Wells Fargo has fraudulent behaviors. 

CALIFORNIA HAS LAWS PROTECTING HOMEOWNERS WHO ARE EXPERIENCING FORECLOSURE. 
ITS A PROVEN FACT THAT WELLS FARGO BANK HAS ABUSED AND CONTINUES TO ABUSE THESE LAWS. 
AND WHEN THIS COMPLAINT IS FILED WELLS FARGO WILL OVER LOOK CALIFORNIA LAWS THAT ARE CLEARLY EXPLAINED. CHARGINGING ATTORNEY FEES THAT WELLS FARGO CALLS CORPORATE FEES AND ACKNOWLEDGING THAT CALIFORNIA HAS A CAP ON ATTORNEY FEES. MOST FORECLOSURE ATTORNEYS ARE DOING MORE THAT ONE FORECLOSURE FOR ONE BANK. THESE ATTORNEYS CHARGE A FLAT RATE ATTORNEY. 
MY COMPLAINT IS ABOUT WELLS FARGO MISCACULATION OF MY FORECLOSURE FEES. NOW THREE TIMES I HAVE GOTTEN THE SAME LETTER FROM WELLS FARGO STATING THERE IS NO MISTAKE IN THE CACULATION OF MY LATE FEES, CORPORATE FEES, DELIQUENT INTEREST FEES, FORCED PLACED INSURANCE FEES, ESCROW FEES. ALL FEES ASSOCOIATED WITH MY FORECLOSURE. THERE MIS CACULATED BECAUSE CALIFORNIA IS A STATE WHERE A BANK CAN COLLECT THE FAIR MARKET VALUE AFTER SALE FORECLOSURE. THIS WOULD BE A NON-JUDICIAL FORECLOSURE. IF WELLS FARGO WANTED TO COLLECT ON FORECLOSURE FEES THEN WELLS FARGO SHOULD HAVE DONE A JUDICIAL FORECLOSURE AND TOOK THIS MATTER INTO A COURT ROOM AND HAD A JUDGEMENT FILED against me and RECORDED IN OUR COUNTYS RECORDERS OFFICE. BUT THEY DID NOT DO THAT. 
WELLS FARGO BEING THE WAY THEY ARE SOLD MY HOME FOR MORE THAN FAIR MARKET VALUE TO A THIRD PARTY. THEN WELLS FARGO MADE UP SOME bogus FEES TO COVER THE FAIR MARKET VALUE AND WHAT THEY Sold MY HOME FOR. NOT TAKING INTO ACCOUNT THAT CALIFORNIA HAS SOME FORECLOSURE LAWS THAT WELLS FARGO NEEDS TO FOLLOW. THESE LAWS WERE PUT IN PLACE TO PROTECT THE HOMEOWNERS OF CALIFORNIA. 
XXXX XXXX Loan number : XXXX WELLSS FARGO HOPES YOU DONT HEAR ABOUT THESE LAWS OR WONT FIND THEM ON YOUR OWN. IT WOULD TAKE AN EXPERIENCED ATTORNEY TO FIGHT A COSTLY CASE. 
IM REQUESTING WELLS FARGO TO REEXAMINE THE FORECLOSURE FEES CHARGED AND COLLECTED FROM ME THROUGH FORECLOSURE. I am requesting Wells Fargo to follow California rules and regulations regarding California foreclosure laws. IF WELLS FARGO CAN NOT PROVE THE VALIDITY OF EACH CHARGE OR RECACULATE CHARGES TO THE APPROPERATE FEE THEN I ASK WELLS FARGO TO RETURN MY SURPLUS MONEY THAT THEY TRIED TO STEAL FROM ME WHEN THEY FORECLOSED ON MY FAMILY HOME. 



CALIFORNIA CAP ON FORECLOSURE FEES CALIFORNIA CIVIL CODE SECTION 2924 ( D ) TRUSTEE OR ATTORNEY FEES WHICH MAYBE CHARGED PURSUANT TO SUBDIVISION ( a ) OR UNTIO THE NOTICE OF SALE IS DEPOSITED IN THE MAIL TO THE TRUSTOR AS PROVIDED in section 2924 ( b ) IF THE SALE IS POWER OF SALE CONTAINED IN DEED OF TRUST ON MORTGAGE OR OTHERWISE AT ANY TIME PRIOR OF THE DECREE OF FORECLOSURE AND HEARBY AUTHORIZED STO BE IN A BASE AMOUNT THAT DOES NOT EXCEED THREE HUNDRED DOLLARS ( {$300.00} ) IF THE UNPAID SECURED SUM $ 150,000.EXCEEDE00 AND TWO HUNDRED AND FIFTY ( {$250.00} ) IF THE SUM SECURED EXCEEDS {$150000.00} PLUS ONE QUARTER ( ) OF ONE ( 1 ) PERRCENT OF THE UNPAID PRINCIPAL. 


DEED OF TRUST-ADJUSTABLE PAGE 12. MAXIMUM LOAN CHARGE IF THE LOAN SECURED BY THIS SECURITY INSTRUMENT IS SUBJECT TO A LAW WHICH SETS MAXIMUM LOAN CHARGES, AMD THAT LAW IS INTERPRETED SO THAT THE INTEREST OR OTHER LOAN CHARGES COLLECTED OR TO BE COLLECTED IN CONNECTION WITH THE LOAN EXCEED PERMITTED LIMITS, THEN ; XXXX XXXX Loan number : XXXX ( A ) ANY SUCH LOAN CHARGE SHALL BE REDUCED BY THE AMOUNT NECESSARY TO REDUCE THE CHARGE TO THE PERMITTED LIMITS AND ( B ) ANY SUM ALREADY COLLECTED FROM THE BORROWER WHICH EXCEEDED PERMITTED LIMITS WILL BE REFUNDED TO BORROWER. LENDER MAY CHOOSE TO MAKE THIS REFUND BY REDUCING THE OUTSTANDING PRINCIPAL BALANCE OF THE SECURED NOTES OR BY MAKING A DIRECT PAYMENT TO THE BORROWER IF A REFUND REDUCES PRINCIPAL, THE REDUCTION WILL BE TREATED AS A PARTIAL PREPAYMENT WITHOUT ANY PREPAYMENT CHARGE UNDER THE SECURED NOTE. 

ATTORNEY FEES CIVIL CODE SECTION 2924 ( D ) TRUSTEE OR ATTORNEY FEES WHICH MAYBE CHARGED PURSUANT TO SUBDIVISION ( a ) OR UNTIL THE NOTICE DEED OD TRUST-ADJUSTABLEOF SALE IS DEPOSITED IN THE MAIL TO THETRUSTOR AS PROVIDED IN SECTION 2924 ( b ) IF THE SALE IS BY POWER OF SALE CONTAINED IN DEED OF TRUST OR MORTGAGE OR REVISED AT ANY TIME PRIOR OF THE DECREE OF FORECLOSURE ARE HEARBY AUTHORIZED TO BE IN A BASE AMOUNT THAT DOES NOT EXCEED XXXX XXXX DOLLARS ( {$300.00} ) IF THE UNPAID PRINCIPAL SUM SECURED IS {$150000.00} AND IF THE SUM SECURED EXCEED {$150000.00} PLUS ONE QUARTER OF 1 PERCENT OF ANY PORTION OF THE UNPAID PRINCIPAL SUM. 

AT THE TIME OF THE FORECLOSURE THE SUM DID EXCE {$150000.00}. ALTHOUGH AT THE TIME WORLD SAVINGS AND I AGREEDED TO A LOAN FOR {$150000.00} WELLS FARGO BANK NA SHOWS A PRINCIPAL BALANCE OF {$150000.00}. REGARDLESS ACCORDING TO CALIFORNIA LAWS, THE SALE WAS POWERED BY A POWER OF SALE CLAUSE AS NOTED IN THE DEED OF TRUST-ADJUSTABLE PAGE 2. TRUSTEE FEES OR ATTORNEY FEES ARE SET. IF THE SUM EXCEED {$150000.00} THEREFORE ACCORDING TO CALIFORNIA CIVIL CODES THE CHARGE OF ATTORNEY FEES CAN NOT EXCEED {$300.00} PLUS A 1 % OF UNPAID PRINCIPAL SUM. AS NOTED IN PAYMENT HISTORY ATTORNEY FEES ARE HIDDEN IN WHAT IS CALLED CORPORATE FEES. IT CLEARLY SHOWS ON PAYMENT HISTORY ATTORNEY FEES. 
THESE FEES CAN BE FOUND IN PAYMENT HISTORY PAGE 8777 AND PAGE 44085. IT STATES ON PAGE 8777 ATTORNEY FEE {$1100.00} AND ON PAYMENT HISTORY PAGE 44085 ATTORNEY FEE {$1200.00}. 
LETTER FROM WELLS FARGO DATED XX/XX/XXXX, PAGE 2, CORPORATE ADVANCE FEES AND COSTS BALANCE. 
THE CORPORATE ADVANCE BALANCE IS MADE UP OF THE FOLLOWING CHARGES. : {$1100.00} CHARGED TO YOUR ACCOUNT ON XX/XX/XXXX DUE TO FORECLOSUR FEES AND COSTS XXXX XXXX Loan number : XXXX {$1200.00} CHARGED TO YOUR ACCOUNT ON XX/XX/XXXXDUE TO FORECLOSURE FEES AND COSTS. 
WELLS FARGO AGAIN IS TRYING TO HIDE HIDDEN FEES BY GIVING THE FEES A DIFFERENT NAME. CORPORATE FEES AND ATTORNEY FEES ARE NOT THE SAME. 
LETTER FROM WACHOVIA MORTGAGE  DATED XX/XX/XXXX, STATES AT TIME OF SALE, OUR RECORDS REFLECT THAT THE AMOUNT OWED ON THE ABOVE REFERENCE LOAN WAS AS FOLLOWED : AMOUNG OTHER THINGS CORPORATE ADVANCE FEE BALANCE {$2300.00}. 


CALIFORNIA IS A ANTI DEFENCIEY STATE. WACHOVIA STATES IN THE LETTER DATED XX/XX/XXXXTHAT {$170000.00} WAS OWED ON THE REFERENCED LOAN. THE LOAN AMOUNT OWED WAS THE FAIR MARKET VALUE. ( FMV ). THE FMV IS THE PRINCIPAL WHICH WAS {$150000.00}. ALTHOUGH THE AMOUNT OF THE LOAN I CONTRACTED WITH WORLD SAVINGS WAS {$150000.00}. CLEARLY WELLS FARGO IS NOT FOLLOWING CALIFORNIA CIVIL CODE PROCEDURE 580. CALIFORNIA IS AN ANTI DEFENCY STATE. WELLS FARGO CAN ONLY COLLECT FROM ME IS {$150000.00}. TO COLLECT ANYMORE WELLS FARGO WOULD HAVE TO TAKE ME TO COURT TO GET A DEFENCIY JUDGEMENT. WELLS FARGO OPT TO FORECLOSE ME WITH A NON-JUDICIAL FORECLOSURE. HAD THEY WELLS FARGO FILED A JUDICIAL FORECLOSURE THEN WELLS FARGO COULD HAVE FILED TO SUE ME FOR THE REMAINING COSTS. THE SALE OF MY HOME PRODUCED ENOUGH PROCEDES TO COVER THE AMOUNT OF THE DEBT I AGREED WITH WORLD SAVINGS. BUT AS THE LETTER STATES DATED ON XX/XX/XXXX AT THE TIME OF THE SALE THEIR RECORDS REFLECT AMOUNT OWED ON REFERENCED LOAN. BECAUSE THE WORD OWED WAS IN THIS LETTER IT PROVES THAT WACHOVIA ADDED ON CHARGES THEREFOR VIOLATES THE SECURED INDEBTNESS AND STATORY OBLIGATION. 

MOVING FOWARD XXXX XXXX Loan Number ; XXXX LATE FEES LATE CHARGES THE DOLLAR AMOUNT OF THE LATE CHARGE IS WITHIN THE LIMITS SET BY THE STATE OF CALIFORNIA STATUES AND IS TO BE WITHIN REASONABLE STANDARDS CALIFORNIA CIVIL CODE 2954.4 ( a ) ( e ) TO BE ENFORCEABLE SECTION 32 MORTGAGE LATE CHARGES ARE : 1. SPECIFICALLY AGREE TO IN THE NOTE 2. NOT INCURRED IF PAYMENT IS RECEIVED WITH IN 15 DAY GRACE PERIOD AFTER THE DUE DATE. 
3. LIMITED TO 4 % OF THE AMOUNT OF THE DELIQUENT PRINICIPAL AND INTERES PAYMENT 4. IMPOSED ONCE FOR ANY SINGLE DELIQUENT PAYMENT THAT REMAINS UNPAID STATE LAW ( CALIFORNIA ) CONTROLS THE AMOUNT OF A LATE CHARGE AS IT DOES IN THE NOTE. 
A LATE CHARGE PROVISION INCLUDES : 1. THE AMOUNT OF THE LATE CHARGE 2. THE DURATION OF ANY GRACE FOLLOWING THE DUE DATE BEFORE A PAYMENT IS CONSIDERED LATE. 
3. A REQUIREMENT TO BE NOTICED FROM THE MORTGAGE HOLDER IS IMPOSED THE LATE CHARGE AND DEMAND ITS PAYMENT ON A DELIQUENCY. 
CALIFORNIA LAWS STATE AMOUNT LIMITED SHALL BE 4 %. 

ATTORNEY FEES UNDER CCP 730 IN CASE OF FORECLOSURE OF A MORTGAGE THE ATTORNEY FEES SHALL BE FIXED BY THE COURT WHERE PROCEEDINGS ARE HAD. ANY STIPULATION IN THE MORTGAGE TO THE CONTRAY NOT WITHSTANDING. 



XXXX XXXX Loan Number : XXXX ANTI-DEFICENCY : CALIFORNIA LEGISLATIVE PROVIDES STATUES THAT NO DEFICENCY SHALL BE OWED OR COLLECTED OF A FORECLOSURE. CALIFORNIA HOMEOWNERS ARE NOT TO PAY ANYMORE THAN THE AMOUNT OWED OF THE DEBT. CALIFORNIA CIVIL CODE PROCEDURE 580 ( d ) ( b ). THE DIFFERENCE BETWEEN AMOUNT OWED ON SECURED LOAN AND THE AMOUNT OF COLLATERAL IS SOLD FOR. FMV. 
CCP 580 ( d ) CALIFORNIA IS A NON-RECOURSE STATE. NONJUDICIAL FORECLOSURE PROHIBITS LENDER FROM SUEING FOR DEFICIENCY. 
IF A FORECLOSURE IS NON- JUDICIAL THE LENDER HAS TO FILE LAWSUIT TO GET A DEFICENCY JUDGEMENT. 
LIMIT THE OF AMOUNT OF DEFICIENCY TO THE DIFFERENCE BETWEEN THE DEBT AND PROPERTY FAIR MARKET VALUE. 
How deficiency is calculated. 

SALE PRICE : {$170000.00} ( AS STATED ON LETTER FROM WELLS FARGO DATED XX/XX/XXXX) MINUS LOAN : {$150000.00} ( AS STATED ON DEED OF TRUST DATED XX/XX/XXXXDEFECENCY BALANCE : {$23000.00} THE LENDER CAN NOT COLLECT A DEFICENCY FOLLOWING A TRUSTEE SALE. 
CALIFORNIA ANTI DEFECENCY STATUTES CIVIL CODE PROCEDURE 580 ( d ) 580 ( d ) WIPES OUT ANY DEFICIENCY OWED TO LENDER OTHER THAN FMV ( FAIR MARKET VALUE ). THIS IS SO THE LENDER CAN NOT CHARGE THE BORROWER EXSORBERANT FEES TO EAT UP EQUITY IN THE BORROWERS HOME. 
See : TALBOTT v. HUSTWIT XXXX XXXX Loan Number : XXXX CALIFORNIA CIVIL CODE PROCEDURE 580 ( d ) BECAUSE LENDER ELECTED A NON- JUDICIAL FORECLOSURE THEN THIS GAVE THE BORROWER PROTECTED IMMUNITY FROM LENDER TO COLLECT FEES OTHER THAN THE FORECLOSURE FEE ITSELF. NON- JUDICIAL FORECLOSURE WIPES OUT ANYTHING OWED TO THE LENDER. IF LENDER WANTS TO COLLECT EXTRA FORECLOSURE FEES THEN LENDER WOULD HAVE TO SUE BORROWER TO COLLECT THE DEFCICIENCY SECURED POROMISSORY NOTE IS A NOTE WHICH BORROWER PROMISE TO PAY CERTAIN AMOUNT IS BACKED BY CERTAIN SPECIFIC PROPERTIES. ( CALLED COLLATERAL ) WHEN A FORECLOSURE SALE PROCEEDS ARE SUFFICENT TO REPAY THE FULL AMOUNT OF A MORTGAGE LOAN THE DIFFERENCE BETWEEN THE SALE PRICE AND LOAN ITSELF. THE LENDER CAN NOT COLLECT A DEFIENCY FOLLOWING A TRUSTEE SALE. 


California legislature provides a statue that no deficiency shall be owed or collected of foreclosures. Homeowners are not to pay any more than the amount of the default. 
WELLS FARGO STATES IN A LETTER DATED XX/XX/XXXX AT THE TIME OF THE SALE, OUR RECORDS REFLECT THAT THE AMOUNT OWED ON THE ABOVE REFERENCED LOAN WAS AS FOLLOWS :. Wells Fargo did not follow California rules and regulations associated with this foreclosure. According to the national settlement agreement Wells fargo made a promise to california they would abide by California foreclosure laws. in my case they did not. Fees were applied.

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