Consumer complaint received 2016-05-25
Company: WELLS FARGO & COMPANY
State: MD
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I have been trying to get relief from Wells Fargo Home Mortgage since XXXX XXXX to avoid foreclosure. Now they are saying I am not eligible for a new review. 

They told me in early XXXX XXXX I had to move back to the property in order to do a loan modification, so I moved back. They offered me a loan modification the next month of XXXX XXXX. I completed the trial payments XXXX - XXXX XXXX and continued making payments thereafter while they continued their process. During this period, XXXX approved my Partial Claim and the remaining arrears would be added to the back of the loan. Wells Fargo 's Title Department spoke to me about XXXX entities ( XXXX XXXX and XXXX Office of the Comptroller ) that have liens on the property. I provided them with copies of payment plans for XXXX entities. In late XXXX XXXX, the Title Department asked me to contact XXXX to see if they subordinate. The next day, I provided them with the contact information of who coordinates subordination matters. Shortly thereafter, XXXX provided Wells Fargo with a subordination letter agreeing that Wells Fargo would be in first place position over the property. Wells Fargo initially was not interested in the XXXX lien and said they would just " capitalize '' this part. Then they later informed me that XXXX liens can not be capitalized. So, in XXXX XXXX they decided to contact the XXXX attorney, XXXX XXXX XXXX XXXX, to see if they 'd be willing to subordinate. From what I understand, Wells Fargo was unable to get anywhere with them and did not inform me of this. Instead, they sent me a denial letter in XXXX XXXX with appeal rights. I contacted the Home Preservation Specialist, XXXX XXXX, I had been working with and he read the notes from the file to me that stated they were unable to resolve the XXXX lien issue. XXXX XXXX advised me that if I can quickly payoff the XXXX lien within the appeal timeframe, it would no longer be an issue. So, I paid off the XXXX lien and filed a timely appeal on XXXX XXXX, XXXX ( the deadline was XXXX XXXX, XXXX ). During the appeal period, I provided Wells Fargo with several documents from the XXXX law firm evidencing the liens as being in full, as well as the Lien Releases. Yet, Wells Fargo denied the appeal anyway, even though I resolved their issue. Now, they 're saying I am not eligible for a new review when it is them who used up the time I could have had. 

Also, I have searched the Federal Housing Administration 's ( FHA ) website, as well as the internet, for the new rule Wells Fargo claims was issued on XXXX XXXX, XXXX, by FHA. Supposedly, the new rule limits the amount of time a loan can be in default to be eligible for a loan modification review. I have not been successful in locating this new rule. I would rather see it for myself rather than take their word for it, because perhaps this is Wells Fargo 's new rule and not FHA 's. 

Wells Fargo erred for the following reasons : 1 ). It took them a year to process a loan modification XXXX XXXX XXXX - XXXX XXXX XXXX ; 2 ). The Appeals Department issued a denial after new information was submitted that evidenced the XXXX liens issue as being resolved, which is what they wanted ; 3 ). The Appeals Department did not issue their decision within XXXX to seven business days, which is their operating timeframe I was told. After waiting for over XXXX XXXX now I 'm suddenly not eligible. 

I am not looking for a new review. In all fairness, I want the loan modification that has already been completed and contains the XXXX partial claim to be issued, since I have resolved the XXXX lien within the established timeframe they gave me. Additionally, Wells Fargo is proceeding with a foreclosure sale date of XXXX XXXX, XXXX, even though they and their attorney, XXXX XXXX XXXX, are well-aware that a Mediation Request was filed with XXXX Maryland.

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