Consumer complaint received 2021-03-29
Company: WELLS FARGO & COMPANY
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On or about XXXX of XXXX, I was the victim of ( at the time suspected ) fraud that had completely emptied my personal bank account and left a several XXXX dollar negative balance. Per XXXX XXXX XXXX ( personal bank ) instructions, all reports were filed, a new account was opened, all auto payments and deposits were stopped.XXXX XXXX XXXX  also stated that the account that had the fraudulent activity had to be left opened during the investigation, and my payroll deposit was not able to be re-routed, stopped for 30 days which caused additional fraudulent activity. .This was to be a temporary, short term hardship, until the investigation was completed, monies returned and all necessary steps to recoup the loss were taken. Wells Fargo, due to their misinformation, delays and incomplete documentation has turned the temporary hardship into a long term, ongoing hardship with their pursuit of foreclosure. 

**Throughout this ordeal, I have NEVER questioned the validity of the mortgage or stated that I could not pay the monthly payment. Quite the contrary, all I have been trying to do is make payments and/or get a resolution to the situation. Wells Fargo has been the barrier with mis-information, incorrect information, or only providing some of the details in response to the continued complaints that I have filed. 

Since XXXX of XXXX I have been in continual contact with Wells Fargo due to suspected fraudulent activity on my personal checking account. The investigation conducted by XXXX XXXX XXXX confirmed that it was fraud after the 6-8 month investigation. The fraudulent activity left my account in the negative of several XXXX dollars. This was a temporary hardship and I notified Wells Fargo immediately as all automatic payments had to be stopped. The temporary hardship has turned into Wells Fargo attempting to foreclose on my house-we have had a mortgage for 25 years and up until this incident have never been late or missed a payment. This complaint is not a need to have Wells Fargo validate the mortgage or to go over all of the notices that were sent, as I have kept all correspondence, notes and record of phone calls in response. My complaint is that I have been actively communicating and attempting to follow directions that were given by Wells Fargo only to be told from one representative or another that they did not know what I was referring to or they needed to transfer me to another department. This continued delay and run-around has caused the continued increase of fines, fees and missed payments and Wells Fargo attempting to foreclose. I have never stated that the monthly mortgage payment was not in our ability to pay, it is the ongoing increasing amount to bring the account current that is the issue. My complaint is that I have been making every attempt and following Wells Fargo directions to get current only to be given misinformation, numerous transfers and the next representative not having any notes or information about previous conversations that have led to attempted foreclosure. 

Between XXXX XXXX XX/XX/XXXX : Wells Fargo representatives told me that I could make partial payments, those funds would be held until a full payment amount was met and then release the entire amount ( a full payment ) to Wells Fargo XXXX Due to the delinquency my mortgage could no longer be paid bi-weekly ( mortgage was bi-weekly prior to the incident ) At the time I made a payment with the Wells Fargo representative but when I tried to make the payments in installments per the Wells Fargo Representative, I was not able to. 

When I contacted Wells Fargo customer service, the person had no idea what I was referring to and on several phone calls I was transferred numerous times to several different departments. The next option I was given, was a new monthly mortgage payment that included the monthly mortgage payment plus an additional amount that was to catch up and pay the missed payments due to the fraud. The representative stated that this option was only available one time, and recommended to make sure that the payment was doable and to call back. When I called back, the next representative did not have any knowledge of this option and transferred me again. Eventually I was transferred to Home Preservation representative and the only option at this point was to apply for a loan modification. Even though I stated I did not want to modify the loan, Wells Fargo stated that was my only option. 

Response from previous complaints Wells Fargo : XX/XX/XXXX,, XXXX ( XXXX XXXX ) Initially Ms XXXX was not able to review any recorded calls and/or notes due to recordings not being accessible. Apparently Wells Fargo was undergoing the transition to a new system and eventually Ms XXXX was able to retrieve a few of the recordings. To my knowledge Ms XXXX was not able to retrieve recordings on a date ( s ) that I provided cell phone log with dates and numbers, and she was only able to speculate the reasoning. She claimed that a possible scenario was that I called in on an un-recorded line, the phone number per the XXXX cell phone log is the same number that was used for all calls made to Wells FargoXXXX XXXX. Ms XXXX did not provide documentation to substantiate her reasoningXXXXMs XXXX was not able to find any notes or recordings in reference to my conversations with Wells Fargo customer service in which I was directed to make installments until a full payment was reached, on a separate call I was provided a new payment that included an additional amount that I was not able to pay due to the fraud. Ms XXXX did apologize for the way some of the calls were handled by Wells Fargo customer service representative but that was all that was provided. 

Ms XXXX was provided documentation from XXXX XXXX XXXX, with the results of their investigation, which verified the fraud. In doing so, Ms XXXX directed me to apply for a loan modification, for the 3rd time, and the fraud would be taken into account. The result of the load modification application was that we could afford the monthly payment, but I was provided a new monthly payment that would include the amount that was owed from the missed payments in addition to the monthly mortgage payment. This would be contingent on a me making a deposit between $ XXXX {$20000.00}. When Ms XXXX provided her response letter she did not provide the entire monthly payment she only stated the payment that would cover the amount of the missed payments-the new monthly payment would be close to {$4000.00}, with at least a {$10000.00} deposit and the amount of the missed payments had to be paid back with 1 year. The pandemic hit right after this was offered. Mr XXXX did offer the forbearance in XXXX of XXXX, we did agree to this offer as we did not know if either my husband or I would be employed, and our adult children lost their jobs and had to move home. 



Follow Up to the ongoing Wells Fargo Response ( s ) The continued delay and misinformation that was provided by Wells Fargo has caused this situation to escalate and into foreclosure proceedings Ms XXXX requested additional information regarding phone records and details of the payment that I made to Wells Fargo on XX/XX/XXXX. I left Ms XXXX several messages and on XX/XX/XXXX spoke to Mr XXXX and he was also going to leave Ms XXXX a message to return the call. To date I have not received a return call from Ms XXXX During the pandemic and forbearance, spanning from XXXX until XXXX I made payments through the Wells Fargo online payment system- @ {$10000.00}. 
Mr XXXX stated in XXXX when discussing the forbearance, he stated that it would be a fresh start as well as letters dating from XXXX until present all detailing the forbearance. Specifically we won't refer your loan to foreclosure at this time Wells Fargo has continued with the foreclosure, as the information as been printed in my local news paper, court documents have been sent, and notices. ( see attachments ) XXXX of XXXX, after providing XXXX XXXX, Wells Fargo representative with requested documents validating the fraud, she instructed me to go through the application for loan modification. I had already been through the loan modification application several times before this and I was concerned as I would be providing the same information. Ms XXXX stated that the fraud would be taken into account this time. 
Fraud was not taken into account and I was provided a new payment amount that would have the amount to bring the account current divided into the payments over 1 years time. Wells Fargo stated that it had to be paid off within 1 year. The amount would be contingent on a deposit that I would make @ {$10000.00}. 
The total payment amount the XXXX XXXX stated in her reply to my complaint did not include the monthly mortgage payment, she only reported the amount that would be added to the payment. This new payment amount was close to {$4000.00}, a payment that exceeds our budget. 
Soon there after the pandemic hit and I have not heard from Ms XXXX since, even though I have left numerous messages. 
Once the pandemic hit, Wells Fargo did offer forbearance and since they have and had provided no other options we did agree to the forbearance, and then extended it. At one point Wells Fargo put the loan in forbearance without my requesting it and did not give an explanation as to why when I contacted Mr XXXX. During the forbearance I made payments through the online Wells Fargo payment portal, XXXX - XXXX in the amount of almost {$10000.00}. In my previous complaint I detailed how 4 payments were returned, 2 I made through Mr XXXX per his instructions-those payments were returned and he did not know why nor did he investigate. Again, I was given incorrect information, as Mr XXXX said that I could make payments either through him or customer service, neither is correct. 
Ms XXXX gave incorrect information in her response to my complaint, How is this handling my account correctly? 
Wells Fargo was provided documentation, phone bill, detailing calls made to Wells Fargo and the date that Wells Fargo had no record of, Ms XXXX stated that I may have called in on a non-recorded line. The number listed was the same number, customer service that is a recorded line. How was this handled correctly? 
How is giving incorrect information, handling my account correctly? 
Per the forbearance letters, stating that Wells Fargo will not refer the loan to foreclosure and Wells Fargo did continue the foreclosure ( I made several calls concerning this ) How was this handled correctly? 
Wells Fargo keeps stating that they have options to help but when I have spoken to Mr XXXX the only options are go through the loan modification process or pay the amount to be current. No options, as we will not qualify for a loan modification Ms XXXX finally provided the details on all of the fines, fees and additional costs that had been added to any missed payments. Part of that was an amount @ {$6300.00}, {$3600.00} she stated was an unexpected tax bill, specifically a sewer bill. That sewer bill was being disputed because our sewer bill is {$45.00} quarterly or {$180.00} per year. For our bill to be that amount, it would have had to have gone unpaid for almost 20 years, which is impossible. This matter is still be investigated, but when I first contacted Wells Fargo customer service, incorrect information was given. Was this handled correctly? 
The most recent inquiry was concerning the return of the 4 payments that were made during the forbearance. XXXX XXXX from Wells Fargo contacted me via and stated the reason for the return was due to a policy change and she mentioned something about the information being in my note.I asked when the policy was changed, and when I was notified and Ms XXXX stated that she would have to investigate to get that information. In her dated response, XX/XX/XXXX she stated that the reason the payment ( s ) were returned were because it was not enough to bring the load under 60 days delinquency-or to satisfy the total amount due. Wells Fargo accepted and applied payments to my account from XXXX of XXXX until XX/XX/XXXX. During this time, the payments that I made were the same or similar to the amounts that were returned. During the time of XXXX - XXXX when Wells Fargo accepted and applied those payments, those payments would not have brought my loan under 60 days delinquent either, but Wells Fargo accepted and applied those payments to my account. Once again, I am being given two different answers, neither of which is documented or accurate. This was not handled correctly and Ms XXXX provided 2 different answers to the complaint without any documentation. 

Why was I not allowed to make payments, all of a sudden, when my loan was in forbearance? 
During forbearance, per letter from Wells Fargo stated they would not proceed with foreclosure, even though the foreclosure was/is in the local newspaper and documents from legal counsel were sent. How was this handled correctly? 

There have been several complaints filed against Wells Fargo, as the issue is on going. Wells Fargo has and continues to prevent me from making payments, following through with what their representatives have instructed me to do and have given incorrect and incomplete responses to these complaints with no documentation to support that they handled all of these issues correctly. When Wells Fargo got a new phone system, during the time that Ms XXXX was investigating and needed to review phone records, how do I know that information wasnt lost? Or how Ms XXXX searched for those records? Did she search by phone number? I could have used a different number? Why aren't there any notes referencing any of the options that Wells Fargo provided? When Ms XXXX listened to the recorded calls, and I was frustrated and detailed previous calls and what options I was offered, isn ; t that a sign that something is not working correctly? 

My original note is not with Wells Fargo, it is with XXXX XXXX XXXX and it was a pick a payment program. When XXXX XXXX sold mortgage to Wells Fargo, when did the pick a payment change? Originally my mortgage was a monthly payment, when did the payment change to biweekly? If the mortgage is bi-weekly and I have been paying an extra payment every year for over 15 years, how is it now behind? It seems to me that those extra payments could have been applied to the missed payments during the temporary short term hardship. 

The issue is that due to Wells Fargo and the continued mis-information, delay and incorrect information a short-term hardship has now turned into a long term and possible foreclosure. The amount to bring the account current is the financial burden that Wells Fargo caused, we are able to and have made monthly payments clearly indicating our intentions. 

I am requesting the following : all foreclosure proceedings be permanently ceased, Monthly payments reinstated Amount to bring the account current, to be determined if accurate and options No other options been offered by Wells Fargo, nor documentation that supports their handling correctly of my account

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