Consumer complaint received 2019-02-04
Company: WELLS FARGO & COMPANY
State: TX
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
To Consumer Financial Protection Bureau Re : All Participating 3rd Parties Associated with Home Equity Closed-End Loan : Wells Fargo Bank Financial In XX/XX/XXXX, a pipe burst inside the wall of my house. It flooded about 70 % of my house and the insurance denied the claim and would not pay for the damages. The only choice I had was to apply for a Home Equity loan using my resident as collateral - to pay for the repairs and damages. I applied for a Closed-end Home equity Loan secured by my separate property dwelling I purchased XX/XX/XXXX. 

This information was told to the loan office XXXX XXXX at the time I applied for the loan, however, XXXX told me I did not qualify for a Home Equity Loan because I did not want to include my estranged husband on the Loan, Mortgage, Deed of Trust and Title because this was my separate residence I bought before I had known and married my estrange husband. 

I told XXXX XXXX, I did not want to apply for the Home Equity Loan if he ( my estranged husband ) had to be included on the Loan and Deed of Trust and the Property Title because we were estranged ... I immediately terminated the loan request. I told XXXX, I did not want to apply for the loan because I was not deeding my property over to my estrange husband I terminated request. 

( While you can get a home equity loan without your spouse as a co-borrower, I will have to have his consent even if his name is not on the deed. The property used as collateral is my separate residence I bought before I had known and married my estrange spouse ). My estranged spouse signed document stating he did not have any interest in the property or the loan.

Nevertheless, approximately two ( 2 ) hours later ( after I refused to apply for the loan ), I received a call from XXXX XXXX at Wells Fargo Bank Financial stating that she had spoken to her Supervisor ( at Wells Fargo Bank ) and she ( XXXX ) was told by her Supervisor ( Wells Fargo Bank ) that I could get the loan and deed of trust and Property Title in my name ONLY since I had bought the property in XX/XX/XXXX. 

XXXX stated her Supervisor ( Wells Fargo Bank ) told her ( XXXX ) that my estrange husband had to sign a Waiverstating he ( my estrange husband ) have NO CLAIM to the property and His name will not appear on the Loan, Mortgage, Deed of Trust, and Property Title, with this being told to me by XXXX and her supervisor, I felt confident and I proceeded with the loan. 

We ( myself and estranged spouse ) signed those document at the request of XXXX XXXX stating he ( my estrange husband ) were waiving his interest in the property and waiving any rights for Loan, Deed of Trust, Mortgage and Title all interest was waived. 

I was deceived and my property was fraudulent recorded with my estranged husband name on the Deed of trust and Title. This must be corrected. This a very serious Deception because of the deceptiveness practice by Wells Fargo Bank. 

I applied for a loan modification and I am refusing to sign the loan modification documents because of the information on the title and I disagree, so I CAN NOT sign these documents for fear of deception. When the title is corrected, I will proceed with the signing of the documents, because this is not fair to be misinformed. 

Also Wells Fargo Bank deceivingly had documents to give my estranged husband Power of Attorney to my Property and this Property has been WILLto my ONLY CHILD because it was awarded to me through the Court in the State of Texas. XXXX and Wells Fargo have created a horrible deceptive incident that need correcting the title need to be recorded in my name ( ONLY ) as promised upon closing. 

I was mislead and deceived, this is theft by deception, fradulent. XXXX deceived me by putting my estrange husband on the Deed of Trust and Title giving him ( my estranged husband ) Power of Attorney over my property, when she assured me this would not happen if both clearly sign document to waive his right. 

I If I had known XXXX were deceiving me, I would have never accepted the loan. XXXX XXXX deception is a violation of Regulation G issued by the Bureau of Consumer Financial Protection to comply with the Secure and Fair Enforcement for Mortgage License Act ( S.A.F.E ) Act. I am aware that the SAFE Act was put in place to monitor all participating parties to the transaction ; enhancing consumer protections ; supporting anti-fraud measures ; and providing consumers with easily accessible information. 

I am not requesting or claiming any type of monetary damages and hopefully I will not in the near future, I only want my estranged husband name taken off my property Deed of Trust and Property Title. 

My belief is XXXX XXXX deceive me to make her monthly production quota in order to make her monthly bonus ... at my expense causing unnecessary legal challenges.

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