Consumer complaint received 2022-10-10
Company: WELLS FARGO & COMPANY
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
WELLS FARGO HOME MORTGAGE XXXX XXXX XXXX  XXXX. 
Attention : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IA XXXX RE : Property Address : XXXX XXXX XXXX XXXX, Fl XXXX XXXX XXXX  XXXX Loan Number XXXX Notice to Agent is Notice to Principal and notice to principal is notice to agent. 
Dear Lien release research department, This letter is being sent under the Administrative Procedures Act of XXXX. ( USC Title 5, section 500 ). 
This is notice to you that XXXX XXXX hereby states the XX/XX/XXXX mortgage to XXXX XXXX  XXXX XXXX recorded in the official records XXXX  XXXX Page XXXX was paid in full at closing and the source of funding was not disclosed to XXXX XXXX or XXXX XXXX. In regard to 15 USC 78c section 10, XXXX XXXX  XXXX XXXX failed to disclose the promissory note as a security. This is a violation of Truth in Lending, regulation Z. Failure to disclose UCC 8-102 which establishes entitlement right to the funding source was never disclosed to XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 

On XX/XX/XXXX, XXXX XXXX & XXXX XXXX signed a mortgage in favor of XXXX XXXX  XXXX. According to the secretary of state of Florida records, XXXX XXXX  XXXX did not have the authority to conduct business in the state of Florida until XX/XX/XXXX. 
The original XXXX mortgage was assigned to XXXX XXXX XXXX XXXX XXXX with XXXX XXXX  XXXX being the assignor and XXXX XXXX XXXX XXXX XXXX being the assignee recorded in the XXXX XXXX official land records INSTRUMENT # XXXX XXXX  XXXX Page XXXX. 

On XX/XX/XXXX, XXXX XXXX  XXXX, changed its name to WELLS FARGO HOME MORTGAGE INC. WELLS FARGO HOME MORTGAGE INC. continued to collect payments as the servicer of the mortgage, after the owner XXXX XXXX XXXX XXXX XXXX ceased to exist. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX under New Jersey ) ceased to exist on XX/XX/XXXX and withdrew the right to conduct business in the state of Florida, per the secretary of state of Florida records on sunbiz.org. WELLS FARGO HOME MORTGAGE INC continued to collect payments after withdrawing the right to conduct business in the state of Fl. On XX/XX/XXXX XXXX assignment of mortgage in favor of WELLS FARGO HOME MORTGAGE INC exists. 

Wells Fargo Home Mortgage claims to have service transferred the mortgage to XXXX XXXX XXXX XXXX on XX/XX/XXXX. Under whose authority was the mortgage service transferred? If Wells Fargo Home Mortgage Inc was only the servicer of the mortgage and the owner no longer exists, who gave the authority for the loan to be transferred? Who was Wells Fargo Home Mortgage Inc collecting payments for? 



XXXX XXXX requests that a lien release be prepared and filed in regards to the above property showing that Wells Fargo Home Mortgage XXXX XXXX XXXX MORTGAGE INC.no longer has a lien interest in the above named property and the above loan number. XXXX XXXX  XXXX IS WELLS FARGO HOME MORTGAGE INC. 

The mortgage on line 18. Clearly states Release. Upon payment of all sums secured by this security instrument, lender shall release this security instrument without charges to the borrower. Borrower shall pay any recordation cost. Lender is XXXX XXXX  XXXX XXXX XXXX XXXX received full payment at closing & when lender sold the mortgage to XXXX XXXX XXXX XXXX XXXX. 
Wells Fargo Home Mortgage Inc. claims to have been the servicer of the mortgage from XXXX to XXXX. I have documentation from XXXX XXXX XXXX XXXX XXXX which proves that to be a false statement, as XXXX XXXX XXXX XXXX XXXX was sending statements & collecting payments from the homeowner on XX/XX/XXXX. 
Under US Code, Title 15 Chapter 41 Subchapter V 1692g part b, this debt is now officially in dispute. You are hereby given notice. Blatant disregard for the law is subject to fines by the FTC. 

Furthermore, WELLSFARGO HOME MORTGAGE, INC. XXXX XXXX XXXX, XXXX did NOT have the authority to service transfer the mortgage to XXXX XXXX XXXX XXXX, as Wells Fargo Home Mortgage did not own the mortgage or the note associated with the property at XXXX XXXX XXXX XXXX, FL XXXX XXXX 
I filed a lawsuit against XXXX XXXX XXXX XXXX XXXX XXXX and I won the lawsuit and the assignment of mortgage from XXXX XXXX XXXX XXXX XXXX XXXX to XXXX  XXXX XXXX XXXX XXXX XXXX was declared VOID by the court and was removed from the official records. Wells Fargo Home Mortgage Inc did not have the authority to transfer the mortgage to XXXX XXXX XXXX. 
I have been adversely affected by the actions of WELLS FARGO HOME MORTGAGE XXXX XXXX XXXX XXXX  XXXX by misrepresentation , breach of contract, clouded title, theft of property and misapplied payments.

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