Consumer complaint received 2019-04-01
Company: WELLS FARGO & COMPANY
State: AL
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
I am in desperate need of assistance postponing the foreclosure sale date of my house! My lender ( Wells Fargo ) has a foreclosure sale date of XX/XX/XXXX, which is today! I am requesting that the date be postponed, for a period of at least 30 days to allow for a review of my current situation. I have owned my home since XX/XX/XXXX at which time i purchased using the VA home loan as i was XXXX XXXX XXXX. In XX/XX/XXXX, i was reassigned to another base in different state so I put my home up for rent and since that time i have rented to the same tenants for over 5 years. The mortgage has always been paid on time, and there has never been any kind of negative activity concerning this account. Due to a payment in XX/XX/XXXX to replace a water heater that went out at that property, the account did not have sufficient balance to cover the next scheduled mortgage without the rental deposit. The tenants deposited the rent in the account a couple days later than normal, but still well within the grace period. At this point is when Wells Fargo apparently cancelled the scheduled ACH withdrawal that had been consistent for 5 years! I however, was not notified, and also living in another state. The rent continued to accrue in the account since that time, however due to Wells Fargo cancelling the auto payment, they did not withdraw the funds, and pursued the foreclosure process. Again, all of this happening without my knowledge. On XX/XX/XXXX, my tenants contacted me to ask me if there was anything they should be aware of concerning their tenancy, or if I was planning on selling the house. They indicated that I had been receiving an excessive amount of mail- but because we had brief talks about a potential sale between ourselves assumed that the mail was probably me checking into my own mortgage. I immediately called Wells Fargo to find out if there was any sort of problem. To my complete shock, I discovered the house was in foreclosure- and to make matters worse there was a scheduled sale date 10 days away! I immediately began to work to discover what the problem was as I knew my tenants were reliable and had not been excessively late or delinquent with rental payments in the past. Calls to my bank confirmed this, and speaking to other reps at Wells Fargo I was informed they themselves cancelled the auto payment, even though they didn't have contact information for me at my current address, and sent all communications to the rental property address-even though i had informed them that the house was rented 5 years prior. Since the first time I discovered any type of issue with the payments on XX/XX/XXXX, i have been doing everything within my power to work towards a resolution with the lender. Although I was encouraged initially that this matter would be fixed and told of many options available to me as I have never had an issue with this account in the past, so far I have been unsuccessful at attempts to slow the foreclosure process so that a fair review of my situation can be accomplished. I have repeatedly sent in emails, faxes, and called numerous times spending countless hours working towards a fix to this unfortunate dilemma. Despite all this, Wells Fargo is still pursuing a foreclosure sale today of my home. At this point I am unsure what, if any options I have. I was told Wells Fargo could set aside the foreclosure if I wired over {$6000.00} and bring the loan current. I could nearly bring the loan current because as I stated the rent has accumulated since the first missed payment and I have not used ANY of the funds, however the {$6000.00} that is needed includes foreclosure attorney fees and other processing fees that I am not able to cover and Wells Fargo will not set aside the foreclosure unless the payment is made in full. This left me with pursuing a mortgage modification even though the current mortgage payment amount is not an issue and has been paid without problems every single month for 5 years. I have been sending in the requested documents to be considered for this, however I have been having several difficulties. At least twice, Wells Fargo has claimed that faxes made were never received. I even have a confirmation report ( see attached document ) as I paid to have the documents sent after the first time they told me they did not receive my fax from my personal machine. Their denial of ever receiving my documents further compounded a lack of time to come to a resolution before the sale date of XX/XX/XXXX. I am not even asking for the foreclosure to halt altogether, although that is my ultimate hope and desire. I am simply asking for a temporary postponement of the foreclosure sale so adequate review can be made in this case. As of Friday, XX/XX/XXXX I did not receive a definite answer on whether or not the sale date could be moved 30 days. I did however confirm with the representative that all of the documents needed for the mortgage modification were received. I requested at that time that I be given notification before the weekend on approval for a mortgage modification review and if delay of the foreclosure sale would be granted, however I was not contacted and now I am left to assume the date stands as such. I am reaching out in hopes that someone will be able to shed light on my situation and bring a positive resolution for me so I may keep my home. I served for 11 years on XXXX XXXX, XXXX twice in defense of my country amounting to 23 months in a XXXX XXXX. I feel the least Wells Fargo could do for me is delay the sale of my home for 30 days in order that my situation can be given proper review. I want to say thank you in advance to any assistance you could offer.

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 non-monetary relief