Consumer complaint received 2017-10-19
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Wells Fargo Home Mortgage Loan XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX I feel behind on payments due to lack of income due to illness and taking care of my terminally ill father. I tried to use XXXX to do a loan modification and it was denied, I then filed for XXXX XXXX bankruptcy in XXXX XXXX and have been in bankruptcy ever since. 

I make post petition bankruptcy payments directly to wells fargo monthly. I noticed there was always a delay in posting payments to my account, I called wells fargo several times over the last year regarding this with no explanation as to why payments were put in " unapplied funds '' for several weeks at a time before posting as a payment. They also reported the payments as late to the credit bureaus. 

In XXXX XXXX I feel behind XXXX payments, the attorney for wells fargo petitioned the court for removal of my stay. I was ordered to pay about XXXX by XXXX XXXX XXXX and pay an extra XXXX with my monthly payments for 8 months. XXXX XXXX XXXX XXXX ), which I did. Due to inclement weather this payment was delayed during shipment by the XXXX. I have tracking information to show when the payment was sent to wells fargo as directed. this payment was not applied to my account until XXXX again, the delay when I make payments. 

I continued to make my monthly payments to wells fargo. In XXXX I received a notice from wells fargo that my payments would increase from XXXX to XXXX due to needing more funds in escrow. So I started making payments of XXXX. 
In XXXX XXXX receive letters from an attorney for wells fargo XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX, GA XXXX These letters stated I was in default and not making monthly payments. I provided my bankruptcy attorney with money order and XXXX union receipts for my payments. Considered the issue resolved. 

I received another letter from this attorney in XXXX of XXXX, same thing. Told a paralegal who handles mortgages for the firm, I 'm making my payments! This is harassment and is stressing me out. 

Received another letter in XXXX XXXX, same thing. 

I was very confused on how I was receiving monthly statements from wells fargo reflecting my payments, although sometimes in unapplied funds yet this attorney kept sending me letters to collect for unpaid monthly payments. 

This attorney filed a motion before the court to release my stay because I was in default of payment. The letter stated I was {$8600.00} Wells Fargo submitted false information to the court in an attempt to foreclose on my home and remove the stay. 
Their motion was granted based on this false information. 

On last Thursday XXXX XXXX, XXXX I received another notice of default and on yesterday XXXX XXXX, XXXX that I had 10 days from the date of the letter which would be XXXX XXXX, XXXX to pay {$8600.00} or the Trustee would allow Wells Fargo Home Mortgage to foreclose on my home. 

I have paid well over {$11000.00} in XXXX for monthly mortgage payments to wells fargo. 

From my research it appears that wells fargo applied the funds to my escrow account rather than my monthly payments causing me to be in default. 

without ever providing me with a notice of doing so. 
without ever notifying my bankruptcy attorney of doing so. 
without ever notifying the courts of doing so. 

They presented it as if I was n't making payments so they could foreclose. 

Wells Fargo never sent me a statement regarding escrow with I understand is a violation of RESPA Wells Fargo never notified me of a need to send in money for escrow before they start taking my monthly payments to pay it Wells Fargo never gave me an opportunity to fix the escrow deficiency before seizing my monthly payments Wells Fargo did not increase my mortgage payment enough to meet escrow needs Wells Fargo never notified my attorney of the increase in mortgage payments Wells Fargo violated the provision of debt collection while under chapter XXXX bankruptcy protection Wells Fargo violated Fair Debt collection laws by sending me false collection letters when in fact I made payments. 
Wells Fargo submitted false information to the court Wells Fargo never contact me regarding their decision to apply my monthly payments to unapplied funds and or escrow so I assumed my payments were paying principal and interest Wells Fargo never sent a bill for the escrow balance

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