Consumer complaint received 2023-05-14
Company: WELLS FARGO & COMPANY
State: UT
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
During the last week of XXXX, we first became aware that Wells Fargo had filed a notice of default, dated XX/XX/XXXX, with the intention to foreclose on our home at XXXX XXXX XXXX XXXX XXXX The home, as previously held in the name of the Trust of XXXX XXXX XXXX was wrongly allowed to be used as collateral in a personal loan taken out by XXXX XXXX XXXX ( deceased ), mother-in-law and trustee to the now defunct trust. The property was transferred into the name of XXXX XXXX XXXX belatedly and by court order in XXXX but was, by attorney error, quit claim to XXXX with the encumbrance of the WF lien. 

Our complaint is that we have made multiple efforts to speak with Wells Fargo about this loan as we are obtaining a mortgage to remedy the debt and prevent losing our home with substantial equity however no one will speak with us about the payoff amount. XXXX XXXX has personally reached out to the WF Life Events and Home Equity Deceased ( XXXX ) Departments and both continue to say they can not discuss the loan. We believes Wells Fargo may be intentionally blocking our attempts to allow us the opportunity to payoff the loan and halt the foreclosure process. 

XXXX XXXX first received written notice of the action in a certified letter on XX/XX/XXXX. No recourse as to how he might contact WF to resolve this debt was included. On XX/XX/XXXX, we had already begun forwarding documents demonstrating his rightful ownership of the property he has occupied for 37 years. 

Our lawyer, XXXX XXXX submitted a Letter of Representation on XX/XX/XXXX, to XXXX XXXX, collector and current trustee for this issue, requesting to discuss this foreclosure action for a resolution. We have made multiple phone calls to XXXX XXXX who have continually advised us all the ownership documents are " being reviewed at the WF legal department ''. 

On XX/XX/XXXX, we first met with XXXX XXXX, Relationship Banker at Wells Fargo in XXXX, UT. Our title company, XXXX XXXX has since furnished him with rightful ownership documents. We contact XXXX regularly and in spite of him also fulfilling all requests to supply his head office with these documents relating to the correct ownership of XXXX XXXX, his attempts to help us look at refinancing the existing loan have been futile with no response forthcoming. 

I filed a previous complaint protesting the original action on the part of WF to allow such a loan but was advised in their response that we need to pursue it as a civil matter which we are doing in the XXXX XXXX civil court here in XXXX XXXX XXXX with XXXX XXXX XXXX. There can be no resolution in time to halt the process so, in the meantime, we plan to payoff the loan. Mortgage payoff documents have been requested by the lender. 

XXXX XXXX, HUD Certified Mortgage Modification & Rental Counselor at XXXX XXXX XXXX XXXX XXXX in XXXX, Utah, whom we are consulting to help with this foreclosure, has likewise reached a closed door in contacting WF to help us modify the existing loan. We all recognize that XXXX XXXX ' name is not on the loan itself because neither he nor his deceased wife, XXXX, were responsible for making payments on the loan. XXXXXXXX XXXX loan documents specify she was responsible for insurance, property taxes and maintenance of the home and all payments apparently ceased when she quit as self-professed trustee of the XXXX XXXX XXXX XXXX XXXX XXXX resulting in the WF foreclosure action. 

Could someone just tell me how it is that WF continued to address XXXX XXXX XXXX at her home residence of XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX as demonstrated on the attached letter, when loan restrictions clearly required she be occupying the home at XXXX XXXX XXXX XXXX as her primary residence which she, in fact, never did? Can you not see how this letter demonstrates WF was complicit in " looking the other way '' in the XXXX some years she continued to do business with Wells Fargo while maintaining two back to back loans on our home at XXXX XXXX XXXX XXXX which she falsely claimed as her primary residence? Does evidence get any clearer than this? 

Finally, it seems that CFPB has been " left the fox guarding the henhouse '' in expecting that WF will make a fair and equitable decision to our complaints by asking them to find themselves in error to have allowed this loan in the first place. Do the right thing now!

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