Consumer complaint received 2022-05-29
Company: WELLS FARGO & COMPANY
State: MD
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
Wells Fargo as servicer of our home loan has not been consistent with following guidelines consistent with the Cares Act and those stipulated therein with regard to our VA Home Loan. In particular with regard to the forbearance rights and outlining those rights consistent with those guidelines. After many errors via the Wells Fargo website and links contained within in attempts to apply for a mortgage forbearance, as homeowners, we encountered much frustration. After seeking guidance from a VA Loan Technician, we were finally able to make that application possible with assistance. We attempted this application between XX/XX/XXXX and XX/XX/XXXX, with approval being made some days later but we are still not certain of the exact date. Wells Fargo has informed us that our Mortgage Forbearance will end in XX/XX/XXXX and has communicated that they will reinstate the foreclosure status of our loan once the forbearance ends. The issue is that Wells Fargo initiated the start of our forbearance to begin XX/XX/XXXX, and to end XX/XX/XXXX. They seem to have backdated the start date of our forbearance to begin at an earlier date prior to which an application had ever begun. According to the Cares Act under VA XXXX XXXX ( attached ), it is noted that the borrower, not the servicer, is entitled to determine the period of the forbearance, subject to the statutory limit of up to 360 days. Wells Fargo failed to inform the borrower of this right and then determined the to set the date for XX/XX/XXXX. We as the borrower did not have an option to select a date for the forbearance to begin just to complete the online application process, that was what we had wished to do. Instead, Wells Fargo decided and proceed with a retroactive date 30 days prior, even prior to our application being submitted and processed. We were informed that any application for forbearance needed to be submitted by XX/XX/XXXX so that was our intent... to have an application filed by that date. During the month of XXXX, as homeowners, we were already under the protection of the nationwide Moratorium until its end date of XX/XX/XXXX. The forbearance should have begun in XX/XX/XXXX and should have remained in effect until XXXX of XXXX. Our forbearance should not be ending in XX/XX/XXXX to accelerate their attempts to foreclose. Even if that were true, Wells Fargo still violated the Cares Act by not giving us ( the borrower ) every opportunity to pursue all possible loss mitigation options in order to bring the loan current. Meaning all options through the Veterans ' Administration, Wells Fargo Loss Mitigation, and the most recent Homeowner 's Assistance Fund, which Wells Fargo is aware that we are participants awaiting further review of potential options for assistance through this program, which is also considered a form of loss mitigation. What Wells Fargo has done was consistent with each and every call to their loss mitigations department had told us there are no options for us, and that we will be referred to the re-entry department for consideration. The same re-entry department that locked our file 4 years ago prevented any housing counselor, VA Techs, or any other third-party home assistance agency from access to our file for full consideration of options that would be available to us. Most recently over the past 30 days, there have been more than 5 calls made to Wells Fargo that result in being transferred multiple times to different departments and reps and then to a re-entry department only for us to be disconnected and have to start over with a new call which has been very frustrating each instance. It seems that Wells Fargo is only interested in following through on guidelines that are established by their company and beneficial to them and not others. Most recently during the time under forbearance, Wells Fargo 's legal counsel filed a motion in court to attempt to end having to abide by any rules and protections for the homeowner, set forth by the moratorium, requesting a lift of the stay of foreclosure and any other protections which we as the homeowner were under. That motion was denied by the court due to Wells Fargo and entities not being able to show or present to the court any just reason for exception or exemption from following those rules of the Cares Act. Additionally, violations have continued to occur because they have not considered any loss mitigation options for any period of mortgage payments that were subject to the CARES Act Forbearance itself. They are only interested in taking our home, a home of a XXXX XXXX Veteran and his family in the XXXX. Many other people have been subjected to the lawbreaking, and unscrupulous acts of this company and its scandals over the years, and it doesn't appear that it will stop. Many people have been foreclosed on that should not have been, many people have not been able to get work out options even after trial modifications from this company, corrupt computer systems and agents have done so much and we are still in distress even more so after being effected by covid more than once and suffering from hardships beyond our control. We just needed this company to work with us then, and now but they have been unwilling and uncooperative for years with a consistent deceptive message in all of their literature ... " We are Here to Help! '' well we are still waiting for this line to be acted upon. While it is clear that they will note loss mitigation options on paper, the actual act of doing so has yet to be determined in the time of need. Why do veterans or any others who truly wish to stay in their homes not given options to work out a workable solution - but rather forced into filing bankruptcies and falling even more behind on their mortgages because partial payments aren't accepted on loans accelerated and work out options are far and few. Even with the HAF Program in process, Wells Fargo states " We're Here to Help '' but only to help themselves and only looking out for themselves and doesn't really care too much about the homeowner. We want to pay our mortgage, but we want a workable solution that benefits both sides not just one - and Wells Fargo 's only option is to take our home and leave us XXXX, an entire family ... to then go on government assistance ... while you can assistance us now. This county is backward. 
It is clear that even with the forbearance rules Wells Fargo is not consistent in following anything that is designed to protect the homeowner in any way. This is all we have been asking for but all Wells Fargo is doing is forcing everyone into higher debt until they have no choices left when all they have to do is work with people. 
There have been no workout solutions available or offered that would allow us to keep our home and stay in our home for years and Wells Fargo definitely had no intention to do so during this pandemic. We all have been affected by covid and have suffered illness and losses and this is a company that continues to state " We are Here to Help '' which is just GP wording for correspondence, and we are sick of it.

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