Consumer complaint received 2023-03-28
Company: WELLS FARGO & COMPANY
State: NH
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and states as follows : 1. I am the former Altomey for the Defendants, my office is located at XXXX XXXX XXXX / XXXX XXXX XXXX, XXXX, MA XXXX ; my Mobile. ( XXXX ) XXXX XXXX ; my Email is : XXXX. 
2 On Monday, XX/XX/XXXX, XXXX XXXX XXXX, requested that I telephone a XXXX XXXX XXXX [ ( XXXX ) XXXX XXXX ] at his business, XXXXXXXX XXXX XXXX XXXX XXXX  XXXX. 
3. XXXX XXXX informed me he had presented XXXX XXXX on XX/XX/XXXX with XXXX of XXXX of a Loan Modification Agreement presented as Exhibit A to a document titled : Affidavit of XXXX XXXX XXXX XXXX XXXX in Support of Plaintiff 's Motion to Enforce Settlement Agreement : ( See attached business card and referenced XXXX ). 
4. In Exhibit A, at XXXX, Notary XXXX XXXX XXXX : " On the 23 % of XXXX, XXXX, before me, the undersigned notary public, personally appeared XXXX, XXXX XXXX proved to me through satisfactory evidence of identification, which were drivers license to be the person whose name is signed on the preceding or attached document, and acknowledged to me that ( he ) ( she ) signed it voluntarily for its stated purpose. '' 5. XXXX XXXX told me that the signature on that document is his ; however, he stated that he has no knowledge of the document, had never met XXXX XXXX, and that he does not in the ordinary course of his insurance business sin loan modification documents. 
SIGNED UNDER THE PAINS AND PENALTIES OR PERJURY XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XX/XX/XXXX On this day, before me, the undersigned notary public, personally appeared XXXX XXXX XXXX, XXXX, proved to me through satisfactory evidence of identification, which was a XXXX  driver 's license, to be the person whose name is signed on the preceding or attached documents, and acknowledged to me that he signed them voluntarily for their stated purposes. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX with buildings and improvements thereon, being shown as lot 1 on a plan of land entitled, " Plan of land in XXXX, XXXX. XXXX XXXX for XXXX XXXX, Scale 1 inch = 20 feet, XX/XX/XXXX, XXXX XXXX XXXX, XXXX. This plan is duly recorded in the XXXX XXXX District Registry of Deeds in Book of Plans XXXX, Plan XXXX, to which reference is hereby made for more specific description. 
Being the same premises conveyed to the herein named mortgagor ( s ) by deed recorded with XXXX XXXX District Registry of Deeds in Book XXXX, Page XXXX. 
Also Known As : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage : Mortgage given by XXXX XXXX XXXX to Mortgage XXXX XXXX XXXX, XXXX , as nominee for XXXX XXXX, XXXX, XXXX XX/XX/XXXX, recorded in the XXXX XXXX ( XXXX XXXX XXXX Registry of Deeds in Book XXXX, Page XXXX, as modified by a certain modification agreement dated XX/XX/XXXX, and recorded with said XXXX XXXX XXXX XXXX ) Registry of Deeds in Book XXXX, Page XXXX, Said XXXX  was then assigned by assignment from XXXX XXXX XXXX XXXX XXXXXXXX to XXXX XXXX XXXXXXXX XXXX XXXX XXXX successor by merger to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, recorded on XXXX XXXX, XXXX, in Book No. XXXX, at XXXX XXXX XXXX XXXX XXXX, XXXX. to XXXX XXXX XXXX XXXX, recorded on XX/XX/XXXX, in XXXX XXXX. XXXX, at Page XXXX Foreclosing Mortgagee : XXXX XXXX XXXX XXXX Foreclosure Sale Date : XX/XX/XXXX XXXX. I am employed as a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX ( " XXXX '' ), the servicer for the mortgage loan that is the subject of this action. 
I have personal knowledge of the facts contained in this affidavit as follows : I am familiar with the systems of record that XXXX uses to record and create information related to the residential mortgage loans that it services, including the processes by which XXXX obtains the loan information in those systems. While many of those processes are automated, the information manually entered by XXXX employees relating to Toans on those systems is based upon personal knowledge of the information and is entered into the system at or near the time the knowledge was acquired. These computerized records are created and maintained in the regular course of its business as a loan servicer and XXXX relies on the records in the ordinary course to conduct its business as a loan servicer. 
2. Based upon my review of the business records of XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, I certify that as of the dates when Notices of Sale relating to the Mortgage at issue were mailed and published pursuant to XXXX. Chapter XXXX, Section XXXX up to and including the Foreclosure Sale Date, the Foreclosing Mortgagee was : [ Check One ] [ X ] the holder/owner of the promissory note secured by the above Mortgage. [ ] the authorized agent of the holder/owner of said promissory note, secured by the Mortgage. 
XXXX XXXX XXXX d/b/a XXXX XXXX I certify that ; 3. Based upon my review of the business records of [ Check One ] ; XXXX XXXX XXXX XXXX XXXX with XXXX CERTIFICATION OF SERVICE I, XXXX XXXX XXXX, certify under the pains and penalties of perjury, that on the XXXX day of XXXX, XXXX I sent via first class mail a copy of the Affidavit of XXXX XXXX XXXX, to counsel for the Plaintiff, XXXX XXXX XXXX, XXXX. of XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX, MA XXXX. 
XXXX XXXX XXXX Docket Number XXXX authorized third party, which may include, but is not limited to, a counseling agency, state or local Housing Finance Agency, or similar entity that is assisting Borrower in connection with obtaining financial assistance, including the Trial Period Plan to modify Borrower 's loan ( " Authorized Third Party '' ).

Borrower understands and consents to Lender or Authorized Third Party, as well as XXXX XXXX ( the owner of Borrower 's loan ), disclosing such personal information and the terms of any relief, including the terms of the Trial Period Plan to modify Borrower 's loan, to any insurer, guarantor, or servicer that insures, guarantees, or services Borrower 's loan or any other mortgage loan secured by the Property on which Borrower is obligated, or to any companies that perform support services to them in connection with the loan or any other mortgage loan secured by the Property on which Borrower is obligated. 
Borrower consents to being contacted by XXXX XXXX, Lender, or Authorized Third Party concerning mortgage assistance relating to Borrower 's loan including the Trial Period Plan to modify Borrower 's loan, at any telephone number, including mobile telephone number, or email address Borrower has provided to Lender or Authorized Third Party. 
By checking this box, Borrower also consents to being contacted by text messaging. D In Witness Whereof, the Servicer and I have executed this Agreement. 
XXXX XXXX XXXX XXXX XXXX XXXX Authorized Signer XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX No Adderess I Never hAdA DO, BOX IN my Life over XXXX XXXX to modify a loan No copy of XXXX LiceNse XX/XX/XXXX XXXX Date XX/XX/XXXX Date XXXX Page XXXX of XXXX XXXX, XXXX XXXX XXXX XXXX LOAN MODIFICATION AGREEMENT- Single Family -- XXXX XXXX XXXX INSTRUMENT Form XXXX XXXX ( rev. 

RECORDING REQUESTED BY XXXX XXXX XXXX  WHEN RECORDED MAIL TO XXXX XXXX  FINAL DOCUMENTATION CLOSING DEPARTHENT XXXX XXXX XXXX XXXX XXXX, TX XXXX LOAN NUMBER XXXX : NOTE AMOUNT : {$100000.00} XXXX XX/XX/XXXX XXXX {$100.00}, XXXX World Sauings XXXX FOR RECORDER 'S USE ONLY V MORTGAGE THIS IS A FIRST MORTGAGE WHICH SECURES A NOTE WHICH CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, FREQUENCY AND AMOUNT OF PAYMENTS AND PRINCIPAL BALANCE INCLUDING FUTURE ADVANCES AND DEFERRED INTEREST. AT LENDER 'S OPTION THE SECURED NOTE MAY BE RENEWED OR RENEGOTIATED. 
XXXX AGGREGATE PRINCIPAL BALANCE SECURED BY THIS MORTGAGE IS {$130000.00} - WHICH 15 125 % OF THE ORIGINAL PRINCIPAL NOTE AMOUNT. 
DEFINITIONS OF WORDS USED IN THIS MO ( A ) Security Instrument. The Mortgage, called the " Security Instrument ' XXXX XXXX, AN UNMARRIED MAN XXXX XXXXXXXX XXXX 
XXXX RECORDING REQUESTED BY : XXXX XXXX XXXX WHEN RECORDED MAIL TO : XXXX XXXX FINAL DOCUMENTATION CLOSING DEPARTMENT XXXX XXXX XXXX XXXX XXXX, TX XXXX LOAN NUMBER : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XX/XX/XXXX XXXX. 
- World Savings XXXX Added sold NOTE AMOUNT : {$160000.00} XXXX XXXX XXXX : XXXX Pg : XXXX Page : XXXX XXXX XXXX Recorded : XX/XX/XXXX XXXX XXXX  FOR RECORDER 'S USE ONLY real mot MORTGAGE THIS IS A FIRST MORTGAGE WHICH SECURES A NOTE WHICH CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, FREQUENCY AND AMOUNT OF PAYMENTS AND PRINCIPAL BALANCE INCLUDING FUTURE ADVANCES AND DEFERRED INTEREST. AT LENDER 'S OPTION THE SECURED NOTE MAY BE RENEWED OR RENEGOTIATED. 
THE MAXIMUM AGGREGATE PRINCIPAL BALANCE SECURED BY THIS MORTGAGE IS {$210000.00} WHICH IS 125 % OF THE ORIGINAL PRINCIPAL NOTE AMOUNT. 
DEFINITIONS OF WORDS USED IN THIS MORTGAGE ( A ) Security Instrument. The Mortgage, which is dated XXXX XXXX, XXXX. 
# * will be called the " Security Instrument '' ( B ) Borrower. XXXX XXXX XXXX, AN UNMARRIED MAN sometimes will be called " Borrower '' and sometimes simply " or " ma. '' ( C ) Lender. XXXX XXXXXXXX XXXX, XXXX. * * * * * * * * * ***** XXXX * * * * * * * * ** * * * * ITS SUCCESSORS AND/OR ASSIGNEES, will be called " Lender. '' Lender is A FEDERAL SAVINGS BANK * * * * " * which is organized and exists under the laws of the United States. Lender 's address is XXXX XXXX XXXX, XXXX, CALIFORNIA XXXX. 
( D ) Note. The note signed by Borrower and having the same date as this Security Instrument, including all extensions, renewals, substitutions and modifications thereof, will be called the " Note '' The Note shows that I owe Lender the original principal amount of US. 
{$160000.00} * " ( Note Amount ), plus accrued and deferred interest and such other amounts as stated in the Note. I have promised to pay this debt in monthly payments in full by XX/XX/XXXX CONFIDENTIAL SETTLEMENT AGREEMENT. 
RELEASE, AND PURCHASE AGREEMENT This Confidental Solerant Agrement, Relase, and Purchase Agreement ( " Agreement ) is made as of this day of XXXX, XXXX, by and among XXXX XXXX XXXX XXXX ( XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX '' ) on the one hand, and Pad XXXX XXXX ( Culinary and XXXX XXXX XXXX XXXX ) on the other hand ( collectively, the " Parties '' ). 
XXXX, XXXX or shout XX/XX/XXXX, XXXX obtained a loan ( " XXXX? ) from XXXX XXXX, XXXX ( XXXX '' ) and executed a Note in the amount of {$200000.00} ( 'Note ), secured by a mortgage from XXXX to Mortgage Blectronic XXXX XXXX XXXX XXXX XXXX 
( 'MERS '' ), as nominee for Countrywide ( " Mortgage '' ), on the property known as XXXX XXXX XXXX al/a XXXX XXXX XXXX, XXXX, Massachusetts XXXX ( XXXX ' ) ; and WHEREAS, the Mortgage was ultimately assigned to XXXX XXXX as a result of a series of assignments ; and Shut Down Banks with our deed WHEREAS, XXXX defaulted under the terms of the Loan, resulting in a foreclosure sale of the Property conducted by XXXX XXXX on or XXXX XX/XX/XXXX ( " Foreclosure Sale ) and a foreclosure deed to XXXX XXXX dated XX/XX/XXXX ( *Foreclosure Deed '' ) ; and WHEREAS, XXXX was the servicer of the Loan at the time of the Foreclosure Sale ; and XXXX XXXX XXXX XXXX in XXXX proceddings agains ? - his BanK For Not Doing Paper worK + making it imPossibla! 
WHEREAS, XXXX XXXX initiated eviction proceedings against XXXX XXXX  XXXX in an action titled, XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), Docket No. XXXX ( the " Summary Process Action '' ), in which XXXX and XXXX have raised certain defenses and counterclaims challenging the validity of the Foreclosure Sale ; and " Important " XXXX XXXX [ Space Above This Line For Recording Data ] Loan Number : XXXX Investor Loan Number : XXXX Seterus NMLS ID Number : XXXX LOAN MODIFICATION AGREEMENT ( Providing for Fixed Interest Rate ) This Loan Modification Agreement ( " Agreement '' ), made this XXXX day of XXXX, XXXX, between XXXX XXXX XXXX XXXX XXXX " Borrower '' ) and XXXX, XXXX ( " Servicer '' ) Loan Servicer for XXXX XXXXXXXX XXXX XXXX XXXX " Lender '' ), amends and supplements ( 1 ) the Mortgage, Deed of Trust, or Security Deed ( the " Security Instrument '' ), and Timely Payment Rewards Rider, if any, dated XX/XX/XXXX and recorded in Book or Liber XXXX, at page ( s ) XXXX, Instrument Number XXXX XXXX, of the XXXX XXXX XXXX XXXX and ( 2 ) the Note, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the " Property '', located at XXXX XXXX XXXX, XXXX MA XXXX, WroNg # the real property described being set forth as follows : Property Legal Description - See Attached Exhibit A In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows ( notwithstanding anything to the contrary contained in the Note or Security Instrument ) : 1. As of XX/XX/XXXX, the amount payable under the Note and the Security Instrument ( the " Unpaid Principal Balance '' ) is U.S. {$260000.00}, consisting of the unpaid amounts ) loaned to Borrower by Lender plus any interest and other amounts capitalized. 
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. 
Interest will be charged on the Unpaid Principal Balance at the yearly rate of 3.500 %, from XX/XX/XXXX. Borrower promises to make monthly payments of principal and interest of U.S. 
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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