Consumer complaint received 2022-09-07
Company: WELLS FARGO & COMPANY
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am contacting the CFPB for urgent help in dealing with my mortgage servicing company Wells Fargo. Back in XXXX of XXXX, I purchased this property for {$560000.00} as our family was expanding. Not long after moving in, we encountered one problem after the next to uncover major issues. I had to move my family out while repairs were being made. So, we were paying rent, storage, and double expenses with a baby, so I did not have the funds to pay both and fell behind on this mortgage. I did not have my own business back then and was working on XXXX XXXX XXXX XXXX. After about a year, we were finally able to move back in, but now the bank had stopped accepting payments. I was under review for a modification for years. During that very stressful period of worrying, my wife took the kids and left me. She filed for divorce, and we went through an expensive process. In XX/XX/XXXX, Americas Servicing Company approved my loan for a trial modification. I made payments for months, and ASC eventually denied the permanent modification on XX/XX/XXXX, stating there were additional liens on my property that prevented them from completing the mortgage assistance. I was never told about title issues or liens before receiving the letter, nor could I get any details as to what these supposed liens were. I can tell you that there have never been any liens on this property other than the mortgage. I was a part of a large class action suit over this issue then, in XXXX of XXXX, Wells Fargo sent a letter acknowledging this error of offering and accepting trial payments and then denying the modification. With the Wells Fargo letter, they included a check for {$300.00} for my troubles which I did not cash. That check and letter are also attached. I was praying through the class action suit his loan would have been modified. Instead, it continued to accrue interest at 6.825 % from XXXX through XXXX. I ended up filing a total of three bankruptcies while trying to get this loan modified but was continually denied over documents that I had sent or insufficient income even though I was submitting more than what was on the denials. Even the denials that included the NPV inputs all show inconsistencies, such as XX/XX/XXXX. The inputs show my current P & I was {$4000.00}, which it never was. I tried appealing, which never got me anywhere. 

In XX/XX/XXXX, my bankruptcy attorney and the foreclosure attorney XXXX XXXX XXXX made a bankruptcy protection agreement to stay the auction. The agreement is vague and not specific as to what the monthly payment is towards, as it looks nothing like a modification with an end date. There is an email attached dated XX/XX/XXXX, from XXXX XXXX at XXXX XXXX to XXXX XXXX stating the agreement payment of {$3800.00} represents {$3400.00} in P & I and {$380.00} for escrows. ( See attached ) I made payments from XX/XX/XXXX through XX/XX/XXXX, which is 20 payments. I made partial payments in XXXX, XXXX, and XX/XX/XXXX due to being a XXXX during the peak of Covid19 and could not work. Wells Fargo 's recent XXXX XXXX monthly statement shows {$76000.00} being held in unapplied funds from the payments made. ( See bankruptcy trustee report, payments made to XXXX XXXX XXXX, who forwarded the payments to Wells Fargo. ) The bankruptcy had been dismissed after completing XX/XX/XXXX, and Wells Fargo returned one payment made after XX/XX/XXXX. The arrears I owe are mostly made up of interest being the rate is 6.825 % which seems unfair as my loan should have been modified back in XXXX when originally approved, and I would not owe nearly as much, but I truly want to keep this house. The payments not accepted from XX/XX/XXXX through XX/XX/XXXX per the payment on the agreement of {$3800.00} would have totaled XXXX, and I still have it in my bank account. I am offering {$70000.00} as a good faith down payment on top of the {$72000.00} being held in suspense for a total of {$140000.00} to be used towards arrears if this loan can be modified ( see attached proof of funds ). I am now earning wages and have consistent business coming in since XXXX, totaling over {$15000.00} a month, which you can see within the package attached. 

There is now a scheduled foreclosure auction on my home for XX/XX/XXXX. Please help me keep this home my family and I love and need so much.

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