Consumer complaint received 2017-08-10
Company: WELLS FARGO & COMPANY
State: DE
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX, Administrator for the Estate of XXXX XXXX XXXX This is an official dispute of the validity of the Foreclosure Sale, dated for XX/XX/XXXX, for the following reasons : There have been past attempts to validate debt in the case of the mortgage # XXXX, under Wells Fargo Home Mortgage now sold to XXXX XXXX XXXX XXXX, XXXX, d/b/a XXXX XXXX, not individually but as trustee for XXXX XXXX XXXX XXXX. XXXX XXXX the Mortgagee, filed for Chapter XXXX Bankruptcy on XX/XX/XXXX, and the plan was confirmed on XX/XX/XXXX. The Bankruptcy Chapter XXXX, was converted to Chapter XXXX, on XX/XX/XXXX. I later learned that the Bankruptcy Court enter a notice of abandonment, that was not provided to me with the Bankruptcy Discharge documents. The loan under loan # XXXX, was acquired by XXXX XXXX XXXX XXXX, XXXX, d/b/a XXXX XXXX, not individually but as trustee for XXXX XXXX XXXX XXXX, effective XX/XX/XXXX, without my knowledge beforehand. The sale of the mortgage to XXXX XXXX XXXX XXXX was done while the Chapter XXXX Bankruptcy in discharge was in place. The Mortgage under Wells Fargo loan # XXXX was under the Independent Foreclosure Review, Reference # XXXX in XXXX, for mortgages that were in foreclosure process between XX/XX/XXXX to XX/XX/XXXX. In XX/XX/XXXX, XXXX XXXX, the Mortgage filed a Real Estate Settlement Procedures Act, 12 U.S.C.2605 ( e ). ( RESPA ), asking for detailed information about the status of the Mortgage and describing six ( 6 ) payment reversals that we believed caused financial injury. We did not receive a valid response. In XXXX, The Office of the Comptroller of the Currency, The Federal Reserve reached an agreement in principle with Wells Fargo and other banks to compensate mortgage holders with cash payments and mortgage assistance in the sum of {$3.00} billion in cash compensation and {$5.00} billion for mortgage assistance that included assistance with modifications, and deficiency judgments. I XXXX XXXX have made several attempts to modify the loan on my husbands behalf. XXXX XXXX, the XXXX further requested compensation under USA Department of the Treasury Comptroller of the Currency in the matter of Wells Fargo Bank, N.A for the settlement agreement in the enforcement action and consent order in AMENDS XXXX # XXXX in which a cash payment of {>= $1,000,000} was to be entered into a Qualified Settlement Fund for payment to In-Scope Borrower Population for borrowers who had pending or completed foreclosure on their primary residence anytime from XX/XX/XXXX to XX/XX/XXXX. We did not receive fair compensation under the settlement. The Settlement Agreement further provided Foreclosure Prevention by no later than XX/XX/XXXX, in the amount of {>= $1,000,000}. We received no compensation of that section of the consent order. A RESPA letter was also filed with the Office of the Comptroller of the Currency in XXXX, and a formal complaint was filed in XXXX concerning Wells Fargos failure to comply with the Consent Order. In XXXX of XXXX, XXXX XXXX XXXX XXXX and I XXXX XXXX became the Administrator of his Estate. I was informed in a letter dated XX/XX/XXXX, that Wells Fargo would be the servicer of the loan until XX/XX/XXXX, and that XXXX XXXX XXXX, would be the new loan servicer at that time, under loan # XXXX. I question how there can be a foreclosure sale on XX/XX/XXXX, under the present mortgage when the mortgage was  already sold to XXXX XXXX XXXX XXXX. I notice that XXXX XXXX is not named as a lien holder in the court documents for the XX/XX/XXXX foreclosure sale. My daughter, XXXX XXXX is listed as a lien holder in the Foreclosure Sale documents, although, I have not listed her in any documents concerning this mortgage. I need an answer to this, because I believe by sending this foreclosure sale document by mail to my daughters address in XXXX, Maryland, you have violated my disclosure rights. I have not as of this date received notification of the pending Foreclosure Sale by registered mail, which I believe is the proper notification procedure. The notice was placed in the doorway of my residence at XXXX XXXX XXXX, and retrieved by another person in the household. My daughter received the notice by regular mail in XXXX, Maryland. This has caused me much distress, because this is a private matter, that does not include anyone other than the Administrator of the Estate of XXXX XXXX XXXX, XXXX XXXX and the Lien Holders. According to the Delaware Foreclosure timeline, there should have been mediation between the mortgager and the mortgagee.

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