Consumer complaint received 2022-03-20
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
XX/XX/XXXX DISPUTE WITH WELLS FARGO BANK On XX/XX/XXXX, I received via XXXX correspondence from Wells Fargo Bank, NA. regarding my Mortgage Loan Application. [ PLEASE SEE EXHIBIT A ]. 
On XX/XX/XXXX, I also received via XXXX correspondence from Wells Fargo Bank, NA regarding my Loan Estimate. I direct you to XXXX. XXXX of XXXX of the Loan Estimate Interest Rate 3.875 % and Page XXXX of XXXX, Extended Lock Fee. [ PLEASE SEE EXHIBIT B ]. 

On XX/XX/XXXX, I received via XXXX Wells Fargo Bank their Interest Rate Lock Agreement regarding XXXX XXXX XXXX XXXX XXXX. The XXXX XXXX stated on this document is ; 3.875 % for {$3700.00}. [ PLEASE SEE EXHIBIT C ]. 

On Pg. 2 of 3 of the Interest Rate Lock Agreement under the Extended Rate Lock Fees it states : The extended rate lock fee collected from you is non-refundable unless we deny your loan application OR if your application was for a VA Loan. [ PLEASE SEE EXHIBIT C, PG. 2 ]. 

On XX/XX/XXXX, I received additional correspondence via XXXX from WFB titled, Extended Rate Lock Agreement. On Pg. 1 of 4 WFB is once again confirming my request for the Extended Rate Lock Program. It states the {$3700.00} once again. However, on Pg. 2 of 4 WFB gives detail information on how the Loan Lock Program works. [ PLEASE SEE EXHIBIT D ]. 

I point you to the FOR EXAMPLE AREA : XXXX applied for a 30-year fixed rate mortgage and locked her Interest Rate at 5.375 % ( with a rate range of 5.0 %, depending on if there are changes to her loan application. NOTE : The Mortgage Consultant did NOT apply the RANGE to my Interest Rate Loan Lock Program even though my Mortgage was a 30 Year Fixed just as XXXX in the example. I question the Mortgage Consultant XXXX XXXX regarding her not applying the Range that is a part of the Interest Rate Lock Program. She stated that I did not qualify for the Range but could not state WHY I did not qualify since I was paying to be a part of the Interest Rate Lock Program. [ PLEASE SEE EXHIBIT D ]. 

On XX/XX/XXXX, I received another Loan Estimate correspondence from WFB via XXXX. Please see Pg. 1 that states the 3.875 % { not an Interest Rate Range } that is called out in the Interest Rate Loan Lock Program. On Pg. 2 of 3 the stated fee of {$3700.00} for the Extended Lock Fee. [ PLEASE SEE EXHIBIT E ]. 

On or around the beginning of XXXX my Mortgage Consultant, XXXX XXXX requested copies of my XXXX and XXXX Tax Returns. 

However, on XX/XX/XXXX, I received an email from my Mortgage Consultant, XXXX XXXX where she is disclosing to me [ THE BORROWER ] that she had contacted the [ BUILDER ] for the New Home that I am Under Contract with disclosing to the Builder and its AGENTS the parties on my PRIVATE AND CONFIDENTIAL TAX RETURN which is a Federal Violation along with an Invasion of my Privacy as well as my wifes Privacy especially since my wife is NOT a part of my Loan. California is a Community Property state and my Loan is a Conventional Loan NOT an FHA Loan which XXXX XXXX Mortgage License, NMLS # states that she knew or should have known that she was stating a FALSEHOOD to the Builder knowing that if I had to make changes to my Contract and the Builder refused to allow the changes it would in effect VOID my Contract which I am alleging that that is what XXXX XXXX was attempting to affect. XXXX XXXX obligation was to me, the BORROWER not her proceed obligation to the Builder. [ PLEASE SEE EXHIBIT F ] On or around late XXXX, I received my XXXX XXXX Statement for period ending XX/XX/XXXX. 

On Pg. 3 of 4 please see WFB posted transaction for {$4400.00} NOT the {$3700.00} that was quoted to me on all of the confirm correspondence I received from WFB. [ PLEASE SEE EXHIBIT G ]. 

On XX/XX/XXXX WFB initiated a Complaint regarding Mortgage Consultant, XXXX XXXX outrageous actions when she contacted the Builder and disclosed who was on my Tax Return as well as attempting to assert that I had to add my wife to a Conventional Loan [ 40 % down payment ] when she should have KNOWN as a Licensed Mortgage Person that my wife did NOT have to go onto the Loan. Her actions not only is a possible violated of Federal Law but she also violated CALIFORNIA FAMILY CODE. [ PLEASE SEE EXHIBIT H ]. 

On the evening of XX/XX/XXXX, I called into WFB and reach a gentleman by the name of XXXX XXXX on a recorded line. My wife was a part of that call. XXXX XXXX disclosed to us the name of the Investigator on the file was a XXXX XXXX XXXX. Her also provided us with her email address. 

After reading the notes on the file before we concluded the call with XXXX XXXX. He informed me and my wife that we may want to go and talk with an attorney. 
On XX/XX/XXXX, my wife emailed XXXX XXXX and cc me on the email outlining all of the infractions that I [ we ] had experienced dealing with Mortgage Consultant, XXXX XXXX. 

You will NOTE that I [ my wife ] requested that XXXX XXXX be removed from my file. [ PLEASE SEE EXHIBIT I ]. 

On XX/XX/XXXX, I emailed XXXX XXXX informing her that I received my XXXX Card Statement and that WFB had posted a transaction of {$4400.00} which was not the price quoted on the Loan Estimate and Rate Lock Program documentation. 
I asked XXXX XXXX if she would EXPLAIN to me why {$4400.00} was placed on my card NOT the {$3700.00}? I ended my correspondence asking XXXX XXXX that if she could NOT explain the additional charge to my card that I would LIKE for WFB to kindly CREDIT my card, {$650.00}. [ PLEASE SEE EXHIBIT J ]. 

On XX/XX/XXXX, I received correspondence from the Builder informing me that I was in BREACH of my Purchase Contract because they had yet to receive a Loan Approval from me and my Lender/Wells Fargo Bank XXXX [ PLEASE SEE EXHIBIT K ]. 

On XX/XX/XXXX, I emailed XXXX XXXX once again. This time I stressed to her that Time was of the essence since WFB was aware that the deadline date in my Purchase Agreement { they have a copy of the Purchase Agreement } was XX/XX/XXXX for Loan Approval. I stressed to her that her XX/XX/XXXX date to complete the necessary research regarding the Complaint was beyond the Loan Approval date called out in the Contract and that I was currently notified by the Builder { provided her with a copy of the DEFAULT LETTER } from the Builder and Title. I stressed to XXXX XXXX the urgency of the matter and requested an immediate response. At NO TIME did XXXX XXXX ever email me back, nor called me regarding this matter. [ PLEASE SEE EXHIBIT L ]. 

On XX/XX/XXXX, I also responded to the Builder and its representative via email notifying them that I would be initiating Mediation regarding the Default caused by the Builders Preferred Lender/WFB and the Builders Sales Agents since they were the parties who insisted that I use WFB. [ PLEASE SEE EXHIBIT M ]. 

On XX/XX/XXXX, I received via Snell Mail NOT via XXXX as previous correspondence arrived 2 Letters from WFB. 

The XX/XX/XXXX, correspondence was from XXXX XXXX [ the Investigator ] informing me that WFB/she needed additional time and that she would follow-up with me by XX/XX/XXXX. 

The 2nd Letter that arrived on XX/XX/XXXX was a letter dated, XX/XX/XXXX from Mortgage Consultant, XXXX XXXX the same XXXX XXXX that I and my wife requested be removed from the file. 

In XXXX XXXX correspondence she states : As you requested, weve canceled your loan application. I is my understanding in order to cancel a Loan Application it has to be in writing and the Borrower must sign off on it.

I never requested in writing or verbally for WFB to CANCEL my Loan Application and I most certainty did NOT request XXXX XXXX to do so especially since I requested that she be removed from my file and upon receiving continues unwanted emails from her I asked her to CEASE and DESIST from sending me any email communications. I disclosed to her that I had requested that she be removed from my file and XXXX XXXX response was that she could CANCEL my Loan Application if I was NOT satisfied with her service. She stated that she was ONLY trying to Help Me. [ PLEASE SEE EXHIBIT N ]. 

Today, XX/XX/XXXX, I checked my XXXX card account and discovered that WFB had CREDIT {$640.00} to my account, NOT the {$4400.00}. [ PLEASE SEE EXHIBIT O ]. 
It is my position that WFB Fraudulent correspondence dated XX/XX/XXXX from Mortgage Consultant, XXXX XXXX where she states As you requested, weve canceled your loan application. 

Again, I NEVER requested that my loan application be canceled. All of my EMAIL CORRESPONDENCE to XXXX XXXX asking for an update on several occasions the status of the investigation is PROOF enough that I NEVER requested in writing nor verbally for XXXX XXXX/WFB { who I requested be removed from my file } to CANCEL my Loan Application. 

This Fraud is WFB unlawful attempt to keep my {$3700.00} by alleging the I request the Loan Application to be canceled since the XXXXterest Rate Lock Program states that it is non-refundable UNLESS WFB DENY YOUR APPLICATION. THAT IS WHY WFB IS FRAUDULENTLY STATING THAT I REQUESTED THE LOAN TO BE CANCELED WHICH I DID NOT!

I HAVE MOVED FORWARD TO DISPUTE THE {$3700.00} AND WOULD LIKE FOR XXXX CARD TO DISPUTE THE {$3700.00} AND CREDIT THAT AMOUNT BACK TO MY CARD. PLEASE SEE SUPPORT EXHIBITS A THRU EXHIBIT 0.

WFB HOME MORTGAGE HAVE WILLFULLY PERPETRATED FRAUD IN ORDER TO KEEP MY FUNDS. WFB HOME MORTGAGE HAVE ALSO VIOLATED FEDERAL BUSINESS AND PROFESSIONS CODE, 15 USC ( 1 ) AND HAVE ALSO VIOLATED CALIFORNIA 'S BUSINESS AND PROFESSIONS CODE ; 17200.

I WOULD LIKE FOR THIS MATTER TO BE FORWARDED INTO THE COMPTOLLER OF THE CURRENCY AND THE ATTORNEY GENERAL 'S OFFICE. 

Thank you, XXXX XXXX

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