Consumer complaint received 2023-01-02
Company: WELLS FARGO & COMPANY
State: MA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  XXXX, MA XXXX XXXX XXXX XX/XX/XXXX RE : Consumer Financial Protection Bureau vs Wells Fargo Bank , N.A . 
On XX/XX/XXXX, the Bureau issued an order against Wells Fargo Bank , N.A . I am a harmed consumer as follows and am seeking restitution, redress or damages with your help and with funds from the Wells Fargo Bank, N.A case, the Civil Penalty Fund or otherwise. 

Wells Fargo took actions which resulted in a wrongful foreclosure in XXXX and caused 10 plus years of litigation. Wells Fargo improperly denied me a loan modification. Wells Fargo and their attorneys XXXX XXXX and XXXX, XXXX refused to respond to my several requests for validation of the debt, as required by law and as noted on their paperwork I have the right to request the name of the current creditor or original creditor within 30 days of their communication. XXXX XXXX XXXX sent me an Acceleration Notice dated, XX/XX/XXXX. ( exhibit 1 ) I sent a request for evidence of the debt to XXXX XXXX on XX/XX/XXXX. ( exhibit 2 ) I sent a second request to XXXX, XXXX ( who represented XXXX in the Federal case on XX/XX/XXXX. ( exhibit 3 ) Both of the letters were notarized and sent by a Notary Public. The law requires the debt collectors to suspend their efforts to collect the debt until it mails the required information to me. XXXX XXXX had that information on their notice of XX/XX/XXXX. Neither law firm responded. After much litigation, I have documented evidence showing XXXX XXXX was the lender since XXXX. 
______________________________________________________________________________ Prior to the foreclosure, Wells Fargo never offered me a loan modification, a short-term payment forbearance program or a short-term repayment plan. I applied twice for loan modifications with Wells Fargo prior to the foreclosure sale. 
I never received notice that Wells Fargo received my requests or notice that there were documents missing or that my application was complete. 
The notice of default I received from Wells Fargo Home Mortgage, was dated XX/XX/XXXX ( exhibit 4 ), at the time of the notice XXXX was the mortgagee of record not Wells Fargo. Nowhere does the Notice state the name of the Lender. There is no mention or reference to a Lender. There is no mention or reference to XXXX XXXXXXXX XXXX XXXX, XXXX XXXX, nor XXXX. 
The sole reference in the Notice to a purported party in interest is Wells Fargo Home Mortgage. The Notice incorrectly states, [ t ] he current mortgagee is Wells Fargo Home Mortgage. Id On XX/XX/XXXX, four months after the notice of default was sent, XXXX executed an assignment of the mortgage to Wells Fargo Bank , N.A . and recorded it in the XXXX XXXX of Deeds, XXXX XXXX XXXX XXXX. ( exhibit located online at the Registry of Deeds ) A corrected notice of default was never recorded or received by me. 
On XX/XX/XXXX, the same day as the assignment I received an acceleration notice from XXXX XXXX XXXX XXXX The acceleration Notice contained a notice of right for disputing the debt and requesting written verification of the debt. I sent a request for evidence of the debt to XXXX XXXX on XX/XX/XXXX. ( exhibit 2 ) I sent a second request to XXXX, XXXX ( who represented XXXX in the Federal case on XX/XX/XXXX. ( exhibit 3 ) Both of my requests were notarized and sent by a Notary Public. The law requires the debt collectors to suspend their efforts to collect the debt until it mails the required information to me. 
On or about XX/XX/XXXX, I received a Notice of Mortgage Foreclosure Sale RE : Wells Fargo Bank , N.A . from XXXX XXXX XXXX XXXX XXXX XXXX ( exhibit 5 ). The foreclosure sale was to be held on XX/XX/XXXX. People showed up that day, but the auctioneer did not. No one made a public announcement as required by law of a postponement date. I discovered the postponement date on XXXXXXXX XXXX own auction site. The auction was set for XX/XX/XXXX, I did not receive notice from XXXX XXXX that the auction had been rescheduled to that day. The notice came 5 minutes after the conclusion of the auction. It was delivered by XXXX and taped on my front door. ( exhibit 6 ) I was home all day on the XXXX, Wells Fargo and an auctioneer XXXX XXXX held the auction XXXX XXXX, and I watched them closely. ( exhibit 7 ) ( exhibit 13XXXX XXXX XXXX Affidavit exhibit 13/pursuant to XXXX. XXXX XXXX Sec XXXX XX/XX/XXXX ) and ( exhibit 14/ XXXX XXXX XXXX Supplemental Affidavit of XXXX XXXX XXXX XXXX XXXX XXXX foreclosure law firm, XXXX XXXX XXXX alleges an employee XXXX XXXX made entry to my home on the day of the auction, that never occurred. XXXX XXXX, Attorney-in-fact falsified the certificate of entry ( exhibit 8 ). XXXX XXXX also did not have power of attorney at that time of the auction to represent Wells Fargo. ( exhibit 9 ) /XXXX XXXX Registry of Deeds record  XXXX XXXX Pg XXXX XX/XX/XXXX. Not until 8 months after the alleged entry and foreclosure, on XX/XX/XXXX, was there a record of her authority recorded in the XXXX XXXX XXXX Registry of Deeds. ( exhibit10XXXX XXXX Page XXXX XX/XX/XXXX ) XXXX XXXX signed her name on the Memorandum of Sale ( exhibit 11 ) as agent for Wells Fargo Bank , on the XX/XX/XXXX, the day of the foreclosure, she also signed the post-sale information ( exhibit 12 ) naming herself as Agent for Wells Fargo Bank XXXX It is a fact that she had no Power of Attorney or Limited Power of Attorney between XXXX ( exhibit 13XXXX XXXX XXXX Affidavit pursuant to XXXX. XXXX XXXX Sec XXXX XX/XX/XXXX ) I felt very confused when Wells Fargo on XX/XX/XXXX ( the servicer ) held a foreclosure sale and Wells Fargo ( the Bank ) bought my home. Who did Wells Fargo purchase my home from, certainly not Wells Fargo the servicer? Or did XXXX XXXX own it the entire time as I have shown here, but not on paper? So, Wells Fargo, the pretender lender, assigned their alleged bid on the same day to XXXX XXXX. Why are my promissory note and mortgage docs I signed at closing on XXXX XXXX docs? 
The auction RECAP sheet ( exhibit 15 ) shows that Wells Fargo paid {$260000.00} on my home at auction and assigned their alleged bid to XXXX XXXX for the same. That amount was {$19000.00} more than what was owed at the time. On that day, I owed {$240000.00}. The amount that was overpaid to Wells Fargo Bank, should come back to me simply because it was an excess of what was owed ( exhibit 16 ) Who really owned my home and when? I was even more confused when XXXX XXXX was assigned the bid on my home, when by their own documents and website they clearly already owned it. I had received a letter from XXXX XXXX prior to the auction dated XX/XX/XXXX, alleging that they owned my mortgage and Wells Fargo was the servicer. ( exhibit 17 ) XX/XX/XXXX, on XXXX XXXX website, they claimed to be the mortgagee of my home and showed Wells Fargo as the servicer since XX/XX/XXXX, years before the Wells Fargo foreclosure sale. ( exhibit 18 ) The XXXX XXXX Report ( exhibit 19 ) indicates that XXXX XXXX transferred the beneficial rights to my mortgage on XX/XX/XXXX. Clearly, it shows the old investor was FDIC for Washington XXXX Bank, and the new investor was XXXX XXXX. Those assignments were never put in the public record causing a break in the chain of title. 
In XXXX, XXXX XXXX sent me a Notice to Vacate and attempted to evict me. I had been a XXXX XXXX litigant prior to the foreclosure in XXXX of XXXX. I obtained legal counsel in XXXX, all those years Wells Fargo and XXXX XXXX never provided any documents or servicing agreement in discovery as evidence of ownership. The promissory note provided in discovery showed no endorsements. ( available on request/ I am only allowed to send 50 pages of document for the complaint ) I discovered in XXXX that XXXX XXXX XXXX without notice to me was selling my property at an online auction on XX/XX/XXXX, my attorney filed for a preliminary injunction and stopped the sale. ( Exhibit 23 ) XXXX XXXX did not provide me with any notice to this effect. 
XXXX XXXX was granted pre-trial monthly use and occupancy fees, for which I was obligated to pay or lose my home. I paid XXXX XXXX {$1800.00} per month from XX/XX/XXXX, thru and including XX/XX/XXXX but they had never proven to the court that they were the lender at that point in time. The total amount was {$19000.00} ( exhibits of copies of checks upon request ). 
I continued paying the condominium fees, and that amounted to over {$19000.00} from XX/XX/XXXX through XXXX. ( exhibit 20 ) The year XXXX XXXX is not included in that condo letter, but documents can be obtained from the condo trust. That amount is about an additional {$3600.00}. From the beginning of the foreclosure, I paid and performed necessary maintenance on my home. I hired and paid plumbers and electricians and did not seek reimbursement, I acted as an owner. 
All through the years, I acted as a homeowner and not a tenant. Clearly the evidence I have provided shows that XXXX XXXX owned my home from XX/XX/XXXX, and XXXX XXXX, XXXX Wells Fargo Bank , N.A . and Wells Fargo Home Mortgage directed and fabricated an invalid foreclosure and none of them had standing to do so. The foreclosure should be void. 
The important point here is that Wells Fargo was not the XXXX and according to the mortgage, notice of default is to come from the lender. XXXX XXXX failed to produce evidence in discovery or otherwise, suggesting that Wells Fargo Home Mortgage was an authorized agent of the presumed noteholders XXXX XXXX XXXX XXXX, XXXX, Wells Fargo Bank , N.A . or XXXX XXXX for the purpose of sending the default notice. Without such evidence, Wells Fargo Bank or XXXX XXXX can not establish strict compliance with Paragraph 22 of the mortgage, and the foreclosure should have been void. Failure to provide proof of the debt speaks volumes about the lack of authority held by Wells Fargo to foreclose on my home. 
XXXX XXXX right to use and occupancy exists only if XXXX XXXX could have proved that the foreclosure was valid thus giving it valid title to the property and superior rights to possession. If the Court had determined at trial that the foreclosure was impermissibly conducted and XXXX XXXX does not have valid legal title then XXXX XXXX, as a matter of law, has no right to any use and occupancy payments. 
XXXX XXXX was granted pre-judgment use and occupancy and for this it must be returned to me because it is without legal basis. XXXX XXXX had not cited a single authority. Furthermore, even if XXXX XXXX did rely on either XXXX.c XXXX XXXX or a preliminary injunction pursuant to Mass XXXX XXXX. XXXX, XXXX XXXX, its request should have been denied. XXXX. c. XXXX XXXX can not be construed as allowing for a use and occupancy payment pending trial where a defendant contests a foreclosure and plaintiffs title, and thus XXXX XXXX can not prevail under that statute. Moreover, XXXX XXXX had not met the requirements of a preliminary injunction. Finally, a prejudgment order is unnecessary because any economic loss XXXX XXXX may have experienced could have been corrected through final judgment if it prevailed at trial, and even if it prevailed at trial, they might have owed me monetary compensation for the payments made and counterclaims. The use and occupancy fees I paid should be returned because Wells Fargo and XXXX XXXX never provided evidence to prove they had standing to foreclose and never produced evidence of being the Lender ( exhibit 22 ). Wells Fargo used an invalid default notice, and XXXX, not Wells Fargo, was the mortgagee of record at the time it was sent. Four months after the Default Notice, XXXX executed an assignment of the mortgage to Wells Fargo Bank , N.A . and recorded it in the XXXX XXXX of Deeds, XXXX XXXX XXXX XXXX. 
XXXX XXXX ordered us to settle that day or go to trial. XXXX XXXX refused to discuss the use and occupancy funds or the condo fees during the discussions. Up until the day of settlement, XXXX XXXX never offered me an opportunity to refinance, modify my loan or anything to save my home. My repeated requests for debt validation went ignored. ( exhibits Only until the court ordered us to settle that day or go to trial, was I offered the opportunity to buy my house back from XXXX XXXX. XXXX XXXX knew I wouldnt qualify for the loan because the foreclosure had ruined my credit score. I asked them at settlement to finance me, they refused. Just a few months before the settlement, I had been working with a company called XXXX that offered mortgages through XXXX XXXX XXXX. They did not require a down payment, closing costs, fees, points and offered 2 % below market interest rate, giving me the opportunity to secure a mortgage. During those months, I tirelessly worked with a XXXX counselor because they were not going to meet the settlement date without my urging and helping them. My attorney had to request an extension to secure the financing because XXXX was taking months to approve my loan. I also hired a credit repair business to fix my credit and I was approved for a mortgage one week before the 2nd settlement date. 
The purported foreclosure sale and the entry were invalid as shown by my exhibits. Wells Fargo, the servicer alleged that Wells Fargo the bank owned my home when in fact they did not. It appears that Wells Fargo was the servicer and XXXX XXXX since XXXX, years prior to the foreclosure sale in XXXX and the bid assignment in XXXX, was the lender. Had I been given a loan modification by the servicer ; this all could have ended before it began. Had both of debt validation requests been answered according to MA 93A consumer laws, I would not have sued the wrong party in Federal Court. I would not have filed a complaint against Wells Fargo Bank, who pretended to be the lender, I would have filed it against the lender XXXX XXXX as shown on the court docket and the enclosed evidence of fraud put on me and the courts. 
XXXX XXXX on the day of our pre-trial hearing, had stated that he agreed that there were disputes of material facts concerning the foreclosure and ruled that a trial was necessary to determine the issues of the postponement, bid and entry. ( exhibit 21 ) .He never ruled on the motion to dismiss, instead, he ordered us to work out a settlement that day or go to trial. XXXX XXXX, my attorney, said he could not represent me at a trial because the funding for my case had been depleted since XXXX and because I had no personal funds to obtain another attorney, I therefore was forced to settle with XXXX XXXX to keep my home. 
Attached is a case closing letter written by my attorney XXXX XXXX of XXXX Justice Center. ( Exhibit 21 ) The 115 court docket entries in my case at XXXX Housing Court, XXXX, MA NO XXXX shows the tireless, unnecessary workload that Attorney XXXX XXXX did to keep me in my home. 115 entries of wasted court resources. The exhibits and the complaint I have provided are evidence of the facts, and in front of a jury of my peers I most likely would have won at trial. XXXX XXXX believed because of my credit, that I would not be approved for financing so settlement would be a win for them. XXXX XXXX also chose to settle because they knew if we went to trial that they had no evidence of facts to present to a jury. 
XXXX was my angel and without him, Wells Fargo, XXXX XXXX, and XXXX XXXX would have stolen my home. XXXX XXXX my friend and attorney died within 6 months of the settlement. 

Thank you CFPB for helping me and so many other consumers. 


XXXX XXXX XXXX EXHIBITS 1-23 are attached

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