Consumer complaint received 2018-04-04
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX Wells Fargo Mortgage XXXX. XXXX XXXX XXXX XXXX, IA XXXX Re : Loan number XXXX Re : Loan number XXXX Let 's start here 2 different loan account numbers for the same Mortgage, same person, is this the same tactic used to open unauthorized accounts or it's just creating numbers to get more money from your inverstors. is this legal????? 

My next question following the foregoing is when you started the foreclosure process did you follow these rules governed by Florida statures : ) ( A ) Effective XX/XX/XXXX, all newly filed mortgage foreclosure actions filed against a homestead residence shall be referred to the RMFM Program unless the plaintiff and borrower agree in writing otherwise or unless pre-suit mediation was conducted in accordance to paragraph 23.  The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Administrative Order. In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless the plaintiff and borrower agree in writing not to participate in the RMFM Program or the Program Manager files a notice of borrower nonparticipation. 

B ) If the property is a homestead residence and if the case is not exempted from participation in the RMFM Program because of pre-suit mediation conducted in accordance with paragraph 23 below, plaintiffs counsel shall further certify in Form A the identity of the plaintiffs representative who will appear at mediation. Plaintiffs counsel may designate more than one plaintiffs representative. At least one of the plaintiffs representatives designated in Form A must attend any mediation session scheduled pursuant to this Administrative Order. Form A may be amended to change the designated plaintiffs representative, and the amended Form A must be filed with the court no later than XXXXive days prior to the mediation session. All amended Forms A must be electronically transmitted to the Program Manager via a secure dedicated e-mail address or on the web-enabled information platform described in paragraph 8 no later than one business day after being filed with the clerk of court. 

C ) Compliance Prior to Judgment.The parties must comply with this Administrative Order and the mediation process must be completed before the plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a notice of nonparticipation is filed by the Program Manager D ) Failure to Comply with Administrative Order. In all residential foreclosure actions, if a notice for trial, motion for default final judgment, or motion for summary judgment is filed with the clerk of court, no action will be taken by the court to set a final hearing or enter a summary or default final judgment until the requirements of this Administrative Order have been met. In cases involving a homestead residence, the presiding judge shall require that copies of either 1 ) the most recently filed Form A and the report of the mediator, or 2 ) the most recently filed Form A and the notice of borrowers nonparticipation be sent to the presiding judge by the plaintiff or plaintiffs counsel prior to setting a final hearing or delivered with the packet requesting a summary or default final judgment. 

The failure of a party to fully comply with the provisions of this Administrative Order may result in the imposition of any sanctions available to the court, including dismissal of the cause of action without further notice. 


I hereby certify that I am a Homestead Resident since XX/XX/XXXX and  that certain protections are not listed herein or and laws that can affect Wells Fargo Mortgage Homestead residence means a residential property for which a homestead real estate tax exemption was granted according to the certified rolls of the last assessment by the county property appraiser prior to the filing of the suit to foreclose the mortgage. 

Sincerely : XXXX XXXX XXXX

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