Consumer complaint received 2023-04-06
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
On XX/XX/XXXX, an alleged mortgage loan contract # : XXXX was closed by alleged lender or representative of, XXXXXXXX XXXX. 

XXXX and WF are alleged debt collectors, as defined by 12 CFR Part 1006 ( Regulation F ) 1006.2 ( i ) ( 1 ). 

WF and XXXX are dishonorable parties to the alleged mortgage contract, by failing to adhere to all applicable laws and the terms of the alleged mortgage contract, as outlined herein. 

I have no record or memory of authorizing the use or storage of my social security number from the Social Security Administration, on Form XXXX XXXX No. XXXX. ( See Exhibit 0 ) Unauthorized access and/or storage of my social security number as of the date of execution ( XX/XX/XXXX ) of this alleged mortgage contract is a continued violation my right to privacy and also a violation of 5 U.S.C. 552a ( i ) ( XXXX ). 

I received a communication dated XX/XX/XXXX from Wells Fargo Home Mortgage, introducing a notice of transfer of servicing to Wells Fargo Home Mortgage, a division of Wells Fargo Bank , N.A . under a new mortgage loan # : XXXX. Page 5 requires that the insurance policy acquired for the Property, listing WF as the lender, when in fact, a material misrepresentation in violation of 18 U.S. Code 1014 ; 18 U.S. Code 1005 ; 18 U.S. Code 1007 ; 18 U.S. Code 657 ; 18 U.S. Code 656, as follows : The Lenders name, address must appear on the policy exactly as the clause shown below : Wells Fargo Bank , XXXX  . # XXXX Loan # XXXX Its Successors and/or Assigns XXXX XXXX XXXX XXXX, SC XXXX ( See Exhibit A ) On XX/XX/XXXX, after finally having the time to read through the entire mortgage loan package copy I received at closing, I realize there were several things that were in violation with current laws and the loan agreement I signed. I immediately sent a communication to WF, ( See exhibit B ) requesting that a missing payment of {$160000.00} outlined in a document entitled AMOUNT FINANCED ITEMIZED, be made immediately by bank check or wire transfer to my account in accordance with the mortgage loan contract. The communication was confirmed to be picked up and received by WF on XX/XX/XXXX. 

By WFs own written admission on a communication dated XX/XX/XXXX, The {$160000.00}, was not paid to you and instead is a required disclosure of the loan amount available to the borrower after the {$2500.00}, up front finance charges were paid. We apologize for any confusion that may have been caused by this matter. ( See exhibit C ). 

As of XX/XX/XXXX, the amount of {$160000.00} in addition to interest of 4 % per year ( {$32000.00} ) for a total of {$190000.00} is still outstanding and remains unpaid, if this mortgage contract was in fact valid and lawful. 

According to the website information at : XXXX XXXX XXXXXXXX, the company posted this information for public view, XXXX XXXX  XXXX XXXX XXXX and operates the XXXX XXXX XXXX XXXX national electronic registry system that tracks the changes in servicing rights and beneficial ownership interests in mortgage loans that are registered on the XXXX. ( See Exhibit L ). 
In accordance to the records publicly available in the MERS database, the Mortgage Identification Number ( MIN Number ), associated with this alleged mortgage has a status of Inactive. Therefore, there is no valid loan and/or note being serviced by WF via MERS Servicer ID Website : XXXX XXXX XXXX from MIN Number : XXXX obtained from the closing documents. ( See Exhibit D ). 

A search within the Georgia XXXX Indexing System, Certified Search Report, there are no current mortgage liens by neither MERS nor WF nor XXXX Mortgage. 

The herein mentioned alleged mortgage loan ( s ) are in violation of 7 U.S. Code 1922, for I am neither a farmer nor rancher. 
The alleged mortgage loan documents shows no Execution of the loan between the alleged borrower and the lender since only the borrowers signature is present on the documents for this alleged mortgage and/or note, in violation of 12 CFR 618.8325 ( a ) ( 2 ). 
There was no valid loan executed and in effect, since affiant is not a farmer, rancher, or producer, or harvester in violation of 12 CFR 618.8325 ( a ) ( 3 ). 
There was no valid loan executed and in effect, since no qualified lender lent or agrees to lend funds to the borrower, making this book entry loan a violation of 12 CFR 618.8325 ( a ) ( 4 ).

The alleged loan documents, on the page entitled Note, number one ( 1 ) claims Borrowers Promise to Pay and further claims In return for a loan that I have received, I promise to pay U.S. {$160000.00} ( this amount is called Principal ), plus interest, to the order of the Lender. The alleged XXXX is named as XXXX XXXX XXXX XXXX XXXX. However, the XXXX failed to provide this Loan or Funds to the XXXX as of the date of this affidavit, more than five years later. ( See exhibit E ). 
The alleged loan documents outlines the term Loan, but fails to define an actual Loan as used in ordinary business or banking transaction showing funds paid to the seller, borrower or any other party for this alleged mortgage and/or note. ( See exhibit XXXX ).

A copy of the documents provided at the alleged closing, titled CORRECTION OF ERRORS IN TITLE AND/OR CLOSING DOCUMENTS, the document claims the alleged loan is secured by the following Property : XXXX XXXX XXXX, XXXX, GA XXXXXXXX XXXX XXXXXXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX AL, and further claims Loan will be secured by first lien deed of trust on the Property, however this alleged location does not exist and therefore all liens and encumbrances in effect by this alleged mortgage loan contract, in violation of GA XXXX XXXX ( XXXX ) ( See exhibit F ). 
I never received loan proceeds from XXXX nor WF. 
I never received an official IRS form 1098 from WF nor XXXX. 
I owe nothing to WF nor XXXX since I never receive any loan proceeds. 
I never Authorized nor Executed a CORPORATE ASSIGNMENT OF SECURITY DEED. ( See exhibit G ). 
The CORPORATE ASSIGNMENT OF SECURITY DEED filed within the XXXX XXXX XXXX XXXX records is in violation GA XXXX XXXX ( XXXX ) prohibiting an officer of a bank to sign as official witness to the execution by any party of any written instrument executed by the WF. ( See Exhibit G and Exhibit K ). 
The CORPORATE ASSIGNMENT OF SECURITY DEED filed within the XXXX county superior court records failed to include the required affidavit, in violation of GA Code 18-2-46 ( 2021 ) and GA Code 44-14-33 ( XXXX ). 
The CORPORATE ASSIGNMENT OF SECURITY DEED filed within the XXXX XXXX XXXX XXXX records is in violation of Georgia law prohibiting a notary public to sign as a witness to a document and does not include a notary stamp or seal. ( See exhibit K ) See XXXX XXXX XXXX XXXX XXXX, XXXX ( In re XXXX ), XXXX. ( XXXX. XXXX XXXX XXXX XXXX, XXXX ). 
I never received a copy of the appraisal used to originate this alleged mortgage loan, in violation of 12 CFR Part 1002.14 ( a ) ( 1 ). ( See exhibit H ) The tax reporting information lists a non-existing legal description of the property, in violation of 26 U.S. Code 7201 ; 18 U.S. Code 1014 ; 18 U.S. Code 1005 ; 18 U.S. Code 1007 ; 18 U.S. Code 657 ; 18 U.S. Code 656. ( See exhibit I ) I specifically declined to self-identify and report personal information, yet this information was disclosed in violation of my right to privacy and 5 U.S.C. 552a ( i ) ( 1, 2, 3 ) and 15 U.S. Code 6823. ( See exhibit J ) The alleged mortgage loan contract is in violation of 12 CFR 32.7 ( a ) ( 1 ) by having no first-lien security interest recorded in the public records of the local county. 
WF nor XXXX did NOT extend a loan to me under the XXXX percent appraised value rule and liable for violations of 12 CFR 1209.7. 
Each and every month, since XX/XX/XXXX, Wells Fargo ( including Wells Fargo Home Mortgage, Wells Fargo & Company, and Wells Fargo Bank , N.A . Member FDIC ), has demanded payment and have withdrawn funds from my account ( s ) in connection with an alleged mortgage loan. However, the law, 15 USC 78m ( q ) ( 1 ) ( C ), defines the meaning of the term payment as : ( C ) the term payment ( i ) means a payment that is ( I ) made to further the commercial development of oil, natural gas, or minerals ; You never disclosed that my application nor monies deducted from my account was to further the commercial development of oil, natural gas, or minerals. So I need to know exactly, why have you been taking funds/money from my account every month since XX/XX/XXXX? 
Neither Wells Fargo nor XXXX Mortgage sent me the required notices required by 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

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