Consumer complaint received 2017-08-10
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
XX/XX/XXXX Fax Number : XXXX Wells Fargo Home Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IA XXXX Summary of Facts In XXXX and XXXX, I was making payments to my fathers deceased property. The loan was in my fathers name ; however, the deed was in my name. When the payments changed, I did not realize what 's happening because the servicer did not send monthly statements to me or when I called Wells Fargo customer service they would not release any information to me. The house did not go through probate. As I mailed in the same payment, there was not enough money to cover the first month you " missed '' but not enough for the second month. I officially became in defaulted again. XX/XX/XXXX, I received a notification from XXXX XXXX XXXX XXXX, debt validation notice via mail to me with a letter of default. In addition, around XX/XX/XXXX, my monthly payments were return. However, I was able to make the necessary payments and get the home out of default. On XX/XX/XXXX, when I received an email/telephone called stating from my bankruptcy attorney XXXX XXXX that the trustee attorneys stated that I was not paying the mortgage Moreover, I lied to the court, and I would go to prison. At that point, I contacted XXXX XXXX XXXX and requested all checks that was paid to Wells Fargo Bank from to XX/XX/XXXX to XX/XX/XXXX. When I received that cancelled checks, I observed that that my fathers account number was crossed off and my account to my home was written in. The first letter to Wells Fargo was dated XXXXXX/XX/XXXX. I submitted the initial letter and response from Wells Fargo to XXXX XXXX XXXX who was the attorney that represented the trustee. I have requested a copy of the letter from XXXX XXXX and any additional correspondence from Wells Fargo. On XX/XX/XXXX, I again received out to Well Fargo requesting monies that was not paid to my fathers Loan Number :. I reiterated that my home was protected by bankruptcy status, and send a letter of explanation to the Bankruptcy Trustee. Wells Fargo responded with a letter dated XX/XX/XXXX, and a check for {$1300.00} stating the case U.S. Bankruptcy Court for the District of Maryland ( case # XXXX ) I felt XXXX, emotionally impacted, and I started to have health problems. I felt that justice had not dealt a fair hand to me. So on XXXX XXXXXX/XX/XXXX, filed a claim with the Consumer Financial Protection Bureau . Case # XXXX. Thus on XX/XX/XXXX, I faxed cancelled checks, and a letter requesting a full refund, copy of a letter dated XX/XX/XXXX explaining my bankruptcy and the ramifications not having payments applied to my account properly, and that payments should have not been paid to my home, because it was under bankruptcy protection. Wells Fargo reaction to their Forced Foreclosure, Fraudulently changed the account numbers on my mortgage payments, and collecting a debt while in bankruptcy. XX/XX/XXXX, Wells Fargo responded : 1. additional funds totaling {$4800.00} were sent to us and were applied to you loan ending in XXXX.When payments are made at the branch, or through a third party bill pay, specific instructions are provided as to how and where to apply the funds. The payments totaling {$4800.00} were not made at the branch or through a third party bill pay they were sent through the mail. When that happens, we are required to match tow pieces of information like the name and account number, or the name and address. This explanation is very different from the dated XX/XX/XXXX. Your fathers account was referred to foreclosure on XX/XX/XXXX. Due to the payments being posted to your account, the account was due for the XX/XX/XXXX to XX/XX/XXXX payments. research that the account should not have been referred to foreclosure at that time due to the payment posting issues and the bankruptcy. If XXXX XXXX XXXX was in foreclosure on XX/XX/XXXX, why didnt Wells Fargo send to me a letter of default similar to what occurred in XX/XX/XXXX? Or return my un cashed check like you did in XXXX? Or call me to state there was a problem with them posting the checks. Wells Fargo should have connected XXXX XXXX to inform them that they were sending payments to the incorrect address. Loan Number : XXXX it was in foreclosure per XX/XX/XXXX letter and it stated that it would have been in foreclosure anyway. Why didnt you return my checks as previously in XXXX instead of fraudulently changing the account numbers? Why did you not return the payments? It is inexcusable that the mortgage payments sent by XXXX XXXX XXXX XXXX bill pay was sent to the incorrect XXXX XXXX when this is the address that I have on my statements. Ironically, you were able to locate my account number to my home, but not able to apply the monies to my fathers account. 2. Moreover, the letter stated that my fathers home would eventually go into foreclosure. Why? Because with Wells Fargo due diligence was to force it into foreclosure. Wells Fargo refunded Trustee Hopper {$4800.00} for the fraudulent payments that I paid. I requested that money three different times. There were only two payments in XX/XX/XXXX : A. Bill pay Check dated XX/XX/XXXX ; amount {$1000.00} ; routing number information XXXX XXXX XXXX B. In person in the branch check dated XX/XX/XXXX ; amount {$1000.00}. Check # XXXX # XXXX XXXX XXXX XXXX. Why wasnt this mortgage payment reimbursed? There were two payments in XX/XX/XXXX only one payment was reimbursed. Please make the adjustment. In person dated XXXX XXXX ; amount {$1000.00}. Check # XXXX # XXXX XXXX XXXX XXXX XX/XX/XXXX {$1000.00} ( XX/XX/XXXX ) {$1000.00} paid in person was not reimbursed ) XX/XX/XXXX {$1000.00} XX/XX/XXXX {$550.00} XX/XX/XXXX {$550.00} XX/XX/XXXX {$550.00} XX/XX/XXXX {$550.00} XX/XX/XXXX {$550.00} XX/XX/XXXX {$550.00} XX/XX/XXXX {$550.00} Wells Fargo used fraudulent methods to execute a force foreclosure on my fathers property. Wells Fargo initiated a force foreclosure by fraudulent changing the account numbers the mortgage payments for my fathers home. They were applied payments to my home that was under bankruptcy protection. In XXXX, I had bill pay with XXXX XXXX XXXX XXXX and my fathers mortgage was paid directly to Wells Fargo with the fore mentioned problems. The payments were sent to the address on my fathers mortgage statement. Correspondence : XXXX XXXXXXXX XXXX, XXXX XXXX, IA XXXX. There is not any excuse why the payments were not applied to my fathers account unless Wells Fargo was trying to force the home into foreclosure.

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