Consumer complaint received 2019-02-19
Company: WELLS FARGO & COMPANY
State: NC
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
We entered into a loan modification application process with Wells Fargo on our FHA Rehab mortgage in XX/XX/XXXXXXXX. We provided all requested documentation and were approved, and given a lower monthly payment on a 90 day trial period. No information was given as to how they arrived at this payment, or what would happen for them to achieve this payment amount, until AFTER we paid 3 months of trial payments. 

We made the first two trial period payments and Wells Fargo sent us a letter that we'd been removed from the program. I called them and found out they had sent us a letter that we had to sign and send back agreeing to the trial period. They didn't tell us it would be coming or required and it was apparently sent via regular mail, not certified or overnighted, and we never received it. That's 2 payments made. 

So they started us over again, new trial period, and we made 3 payments in XXXX, XXXX, and XX/XX/XXXX. That's 5 trial period payments we made at that point. We received an email that we'd been approved for the HAMP modification and would be receiving paperwork that we would need to have notarized and sent back. No details as to what it was or any figures. Just an approval email. 

We received an overnight packet from XXXX  with the modification paperwork and figures. I called in to Wells Fargo after looking over the numbers, and I wanted a detailed itemization of the figures that they came up with to modify the loan. My foreclosure " specialist '' could not answer these simple questions - even though all the numbers are there in their computer system. She got belligerent with me on the phone about how I " better make the payment '', etc ... I sent several emails and left voicemails with ABSOLUTELY NO RESPONSE back. NO email responses from her, NO letters in the mail, NO return phone calls. 

I called and made another payment over the phone with someone else on XX/XX/XXXX ( after no explanations, no responses and no calls returned ), and then on XX/XX/XXXX, I receive a letter in the mail that they " are no longer moving forward with the HAMP program '' for our account. 

A few days later, I receive a letter from their foreclosure attorney, and last Thursday, the sheriff posted the court documents on my front door that state our foreclosure hearing is set with the county on  XX/XX/XXXX. 

We qualified for, and were approved for, a HAMP loan modification. We did not however, know what was involved prior to the trial period payments - only what the payment itself would be. 

I am not happy with the modification numbers and did not sign the documents that were sent to me, instead I wanted to work with my mortgage company to see if there was an alternative, but they REFUSE TO RESPOND and now have us set for foreclosure. I feel my rights as a consumer have been violated by the mortgage company refusing to answer questions or explain their figures, which I believe are double-dipping, and possibly fraudulent or illegal.

I have all emails I sent to the foreclosure " specialist '' and records of calls and voicemails left that were never returned. Every letter the specialist ever sent clearly stated " please call me if you have any questions ''. I had questions - she refused to answer them, and then refused to respond altogether. She removed us from the program instead. Even though we qualified for assistance. I just want to verify the numbers before signing - because they show that we will end up owing more than we started with after making three years ' worth of payments. And they were increasing our interest rate, not lowering it. They took a chunk of the principal balance and " amount in deliquency '' ( the number they refused to explain how they arrived at it ) and are setting it out as a perpetual silent second mortgage that will never be paid down or paid off until we sell or refinance the property. At which time, WF will receive all of that money - double dipping when they get it. We were not given any other option as far as lower interest rate, extended term of the mortgage, nothing.

And now, thanks to WF XXXX us around, we're even further behind in the payments. This should have been handled in a timely manner and it was NOT. It's been over 90 days since I made the 3rd payment of the trial period, and I made an additional payment last month in XXXX after not hearing anything from them. Now that they've set a court hearing, they won't accept another payment from me, and that will cause more months to go behind. 

On top of that, this company receives millions of dollars in HAMP funds each year to help people struggling with their payments - there is no evidence in these numbers that ANY HAMP funds were being used to help us. I'm not asking for free money, but if the government intends those funds to be used to help people, and WF isn't using them to do just that, then WHAT ARE THEY DOING WITH THOSE MILLIONS ( WILL BE BILLIONS BY XXXX WHEN IT ENDS ) OF DOLLARS IN HAMP FUNDS? Are they just eating that money? My trial payment letter clearly states we were in a HAMP loan modification. But every dollar is showing it's coming from us in the end, not HAMP funds at all. And now, the HAMP program is no longer accepting applications? 

I don't know where to turn at this point. But I believe this is an illegal foreclosure. We did everything they asked us to do, and we had every right to question the numbers.

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