Consumer complaint received 2023-01-21
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
This complaint is to notify Wells Fargo Bank ( XXXX ) that I am part of the XXXX XXXX XXXX  CFPB Consent Order, as I was refused a HAMP and VA XXXX modification as XXXX was not conducting these XXXX required modification under TARP protection starting in XXXX through at least XX/XX/XXXX according to XXXX XXXX XXXX XXXX XXXX Mortgage XXXX and XXXX XXXX XXXX XXXX XXXX who provided statement to HUD during investigation Case Number : XXXX v. Wells Fargo Case Number : XXXX NEB XXXX XXXX  admitted to not underwriting me for the XXXX and VA XXXX and were found guilty of this by the financial team Promontory Financial they were required to hire under the Independent Foreclosure Review Board ( IFR XXXX .. Wells was required under XX/XX/XXXX, VA Circular XXXX required starting XX/XX/XXXX, was required underwrite my loan, as it said the the servicer " must '' underwrite for both the XXXX and VA XXXX before a foreclosure could be considered! As XXXX did not underwrite they could not ever consider a foreclosure but instead did illegally foreclose on XX/XX/XXXX. Also as XXXX was not the " holder in due course '' of the loan but only " holder of the Note '' as the as custodian of records for XXXX XXXX who gained procession of the Note through XXXX XXXX XXXX XXXX XXXX XXXX placing my loan into their XXXX XXXX XXXX on XX/XX/XXXX. Now because XXXX XXXX XXXX XXXX XXXX XXXX the originator of my VA mortgage loan, failed to deliver and record the Deed of Trust while XXXX owned the loan from XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as the loan was paid off in full when XXXX purchase the loan on XXXX XXXX XXXX XXXX and XXXX had a correspondent agreement which XXXX failed to provide XXXX with a recorded DOT and Assignment of DOT per the correspondent agreement making XXXX not appear in title at XXXX XXXX XXXX XXXX XXXX XXXX, which prevented XXXX from being in title and not having a lien against the property. This issue was address in XXXX XXXX XXXX XXXX, Limit Power of Attorney ( POA ) by XXXXXXXX XXXX XXXX XXXX XXXX, and delivered and recorded on XXXX XXXX XXXXXXXX while XXXX was assigning XXXX XXXX of its Fed Gov Backed mortgage loans to Wells from XXXX XXXX XXXX XXXX XXXX XXXX, but did not include my loan as the DOT was not recorded within the time of ownership violation XXXX XXXX XXXX. XXXX not receiving the recorded DOT and Assignment of DOT submitted and had accepted my loan into their XXXX XXXX XXXX while my loan did not qualify for the pooling because the DOT and Assignment of DOT where not recorded on or before XX/XX/XXXX. As XXXX did illegally deliver and record the DOT on XX/XX/XXXX, it cause a situation were XXXX could never record a Assignment of DOT because after XX/XX/XXXX, XXXX could not XXXX XXXX as the true date of the sale of the VA loan being XX/XX/XXXX, shows that on XXXX XXXX XXXX, that is was impossible for XXXX to have an interest in the loan and was legally unable to record the DOT. XXXX having the Limited POA did not or could not produce a Assignment of DOT as the need of a sale date was needed to determine when in fact ownership changed hands. XXXX had a purchase agreement of XX/XX/XXXX and the court needed to cross reference that date with the DOT which had a stamped recording date of XX/XX/XXXX which is 21 days to late to record the DOT. XXXX stopped existing on XXXX XXXX XXXX never being able to record a Assignment of Deed of Trust and was not longer owner on my VA loan because the company is dead and never in the future can claim ownership because it not returning from the dead! It must be understood that the Note ( not the debt ) has been owned by XXXX XXXX through the XXXX procedure required of all XXXX pooled loans that the Notes be endorsed in blank and relinquish to XXXX as a form of underlying collateral for the securities, however as XXXX is not authorized by US Congress to buy or sell a mortgage loan, get is not owed a debt from me as the did not originate or buy my VA loan! So XXXX, XXXX and XXXX XXXX XXXX law firm XXXX signed the Assignment of DOT by not showing XXXX XXXX XXXX that XXXX was involved in the ownership of the loan as the XXXX needs a reference document in the DOT that is recorded illegally and shows the recording date of XXXX XXXX XXXX but the sale date is XXXX XXXX XXXX making it impossible for XXXX to assign to XXXX. So the XX/XX/XXXX, Assignment of DOT does not mention XXXX as the Successor or Assign when in fact XXXX is the Successor of the loan through the XX/XX/XXXX, sale of the VA loan. Problem XXXX also has is that they on XX/XX/XXXX relinquished the blank endorsed Note to XXXX XXXX and is not the owner of the NOTE! So as a non financially interest party can not place a lien against the property, it is made to look as if XXXX paid a value for my loan on XX/XX/XXXX, over a year after XXXX was declared a " failed bank '' by the FDIC. As XXXX has admitted that it was not the owner of my debt, but is saying that XXXX XXXX is, is an impossible fact as XXXX is not allow by the United States of America to buy a mortgage loan! So XXXX can not after XXXX stops existing grant a assignment to something that shows no proof of purchasing this debt. XXXX not alerted that XXXX purchase the loan debt on XX/XX/XXXX. XXXX does not provide proof of purchase from anyone because no entity on earth purchased the debt from XXXX! Reason also that XXXX refused to modify is there was not debt attached to the property as XXXX could not make the claim while being dead! Also there was a lien ahead of the phony lien that was recorded by XXXX on XX/XX/XXXX, and show the importance of having a lien recorded because without a subordination of the lien the phony lien was in XXXX position! The XXXX of VA was given a cloudy title and turned around and sold the property illegally. XXXX stole my equity in the property with funds given by the Fed Gov at the illegal foreclosure sales!

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