Consumer complaint received 2020-12-01
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Consumer Complaint Summary : On or about XX/XX/XXXX, I applied for, qualified for, signed, dated, and returned to the bank a HAMP Mortgage Loan Modification Contract with Wachovia Bank, aka Wells Fargo Bank ( WFB ).

Wells Fargo Bank had a contractual duty to immediately execute the HAMP Contract by signing and returning it to me. It is essential for both parties to have a copy of the mutually signed contract which confirms that the contract has been mutually signed and executed in case one of the contracting parties claims a breach. With a few mouse clicks or computer keystrokes any lender especially WFB should produce a copy of the HAMP Agreement ... 

Subsequently since XX/XX/XXXX in the servicing of my loan Wells Fargo Bank claimed and documented in both federal and state court records that I never executed a HAMP agreement and the HAMP Note does not Exist. Wells Fargo misleadingly, unlawfully, and officially declared in its court oath and pleadings that no such loan exists and is being administered by the bank to calculate my current or past due monthly payments. By doing so WFB is acknowledging that the homeowner and borrower have no HAMP contract and thus WFB can not claim a breach of those obligations thereunder to conduct a lawful foreclose. 

Shockingly and improperly on XX/XX/XXXX nearly 10 years later, in response to my multiple lawsuits for a copy of the Mortgage Loan Contract that calculates my Monthly Mortgage Payment, Wells Fargo Bank involuntarily and unwillingly acknowledged and submitted into evidence a copy of my " HAMP Note '' baring my signature, but also baring the unverified and unauthenticated signature stamp executed by Wells Fargo Bank. 

Wells Fargo Bank maintains that its compliance over the years and responses to my many IRs ( Information Requests ), RESPA QWRs, Federal and State lawsuits, Federal and State Consumer Complaints, Judicial and Bar Complaints, a Federal Appeal, and even the banks violation of a Federal TRO has not precipitated or caused me the Appellant/Plaintiff/Homeowner any unlawful cost, fees, expenses, emotional distress or pecuniary or recoverable damages greater than {$0.00}. 

Since XX/XX/XXXX it has cost me more than an estimated {$25000.00} in Federal and State of California court costs, legal expenses, and attorney fees to protect my rights and uncover the unverified and unauthenticated copy of my HAMP Note that is allegedly and officially signed and executed by Wells Fargo Bank, nearly 10 years ago. 

{$0.00} = this is the standard Mortgage Industrys Fee and the normal homeowners cost for a copy of their Mortgage Loan Contract. Wells Fargo Bank is responsible for causing both the federal and state lawsuits to be necessary, thus affecting substantial financial hardship and damages greater than {$0.00}, upon me. 

Pursuant to the purpose of the Federal CFPB and the State of California Attorney Generals Office, to protect consumers from unfair, deceptive, or abusive practices and take action against companies that break the law. Here-in as stated Wells Fargo Bank has unfairly, deceptively, negligently, and abusively withheld properly requested mortgage loan account information that the homeowner is entitled to without cost upon demand. WFBs submission of the HAMP Note to the court in response to a lawsuit proves the banks servicing error. If not for the lawsuit WFB would not have produced the unverified HAMP Note ... 

In XX/XX/XXXX, I filed a CFPB Complaint and a Consumer Complaint with the State of California. In response, WFB declared and fully documented all of the loans being administered and serviced by WFB under my mortgage account. Just as WFB did in the Federal and State courts it has done with the CFPB, failed to acknowledge and produce the HAMP Note as required by law. 

If the CFPB has any authority Wells Fargo Bank has shown disrespect for the CFPB, the Courts, and the State of California Attorney Generals office. Thus I am requesting and it would be prudent for the CFPB and the State of California Attorney Generals Office to investigate Wells Fargo Banks actions to determine if the bank should be liable for the unfair cost to the homeowner greater than {$00.00} plus any penalty for their misconduct that the Board or State has the authority to apply or impose WFB declared in error that I did not sign or execute a HAMP note. WFB claimed in error that the HAMP Note does not exist. Thus the terms and conditions of the HAMP Note, should not be enforced prior to the acknowledgment and verification of the HAMP Note. 

It should not cost me anything to get a copy of my Mortgage Contract.

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