Consumer complaint received 2016-10-21
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
We are filing a complaint in regards to a foreclosure summons based on issues surrounding a recent short sale attempt with the plaintiff Wells Fargo. The nature of our dispute involves a notice that we received from the plaintiff dated XXXX XXXX, XXXX, which states that plaintiff has referred our loan to a foreclosure during negotiations for the short sale approval process. The problem is that we had only on XXXX XXXX, XXXX, signed a short sale agreement and had just begun the negotiations with XXXX XXXX XXXX of plaintiff 's short sale department. The fact that plaintiff referred our loan to a foreclosure prior to concluding negotiations only further supports our additional arguments that plaintiff, has more interests in foreclosing on our home rather than considering any offer of short sale no matter what the amount that could be or had been offered at that point. This is a direct violation to the National Mortgage Settlement ( NMS ) of XXXX. 

Furthermore, we are in the process opening and investigation or inquiry into the last modification agreement that we were approved for on XXXX XXXX, XXXX. We made all of the payments required under the trial plan as well as payments in the amounts of {$2100.00}, all the way through XXXX of XXXX. We then received notice from plaintiff, indicating that our loan modification had been cancelled and the only option for our loan would be short sale or deed in lieu, which is why we began the recent failed short sale attempt. 

In fact, according to agent XXXX ID # XXXX, of WFHM stated on XXXX XXXX, XXXX, that it seemed odd that the loan was sent to foreclosure 1 month after the loan funded for the modification which was being paid. She advised that she would open an escalation into this realization, however our third party contacted WFHM again on XXXX XXXX, XXXX, and no escalation had been made by agent XXXX ID # XXXX. Another violation of the NMS, unclear modification process which forces homeowners back into foreclosure rather than facilitating and amicable solution. 

We feel that our loan has been mishandled on multiple levels by plaintiff during the loss mitigation process, and we would like to have the opportunity to have outside counsel to review our loan for potential predatory and abusive custodial servicing actions on my VA loan. This is fraud against the US government and a Veteran of the USA. 

We implore the CFPB to grant us relief from " Tyrant Tactics '' to foreclose and continue to violate housing protection laws for residence of Georgia. We desire a 90 day continuance on our response to the foreclosure summons due XXXX XXXX, XXXX, in order to determine the best option in protecting our interests in a home that my family has every intention to retain and save from foreclosure. We feel that plaintiff has exercised negligence and incompetence in the servicing of our loan and has not maintained a transparent process during our last 2 loss mitigation attempts.

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 non-monetary relief