Consumer complaint received 2018-12-27
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX XXXX XXXX Wells Fargo and all assignees XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX account # XXXX account # XXXX and court case # CACE XXXX ( XXXX XXXX XXXX ) Herein please find a declaration of affidavit concerning irregularities in the foreclosure process combined with some violations conducted by you during and before the foreclosure actions as well as violations sufficient to invalidate and reverse all of the foreclosure actions that you have implemented and forged against me. 


Restrictions on Dual Tracking The rules restrict dual tracking. Dual tracking happens when a servicer simultaneously evaluates a borrower for a loan modification ( or other loss mitigation option ) while at the same time pursuing a foreclosure. Wells Fargo conducted dual tracking from XXXX to XXXX inclusively. The Defendant applied for 5 loan modifications most of which were unjustly denied. 


Restrictions on Continuing Foreclosure After the Borrower Requests Help If the servicer has already started a foreclosure and receives a borrower 's complete loss mitigation application more than 37 days before a foreclosure sale, the servicer may not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, until one of the three conditions mentioned above has been satisfied. The defendants rights have been violated on multiple counts and occasions. 


I am XXXX XXXX XXXX and I raise an objection to the legitimacy of the sale in this case being CACE XXXX the advertising content published by The County Clerk in relation to the property advertised for the foreclosure auction was inaccurate as per the description of year built, failed to mention additions, and provided misleading information affecting a serious financial deficiency and hindrance against the defendant in excess of XXXX that could have been prevented during the course of foreclosure actions. The sale should be considered and treated as being void and invalid But where the inadequacy is gross and is shown to result from any mistake, accident, surprise, fraud, misconduct or irregularity upon the part of either the purchaser or other person connected with the sale, with resulting injustice to the complaining party, equity will act to prevent the wrong result.in order to vacate a foreclosure sale, the trial court must find both ( 1 ) that the foreclosure sale bid was grossly or startlingly inadequate ; and ( 2 ) that the inadequacy of the bid resulted in some mistake, fraud or other irregularity in the sale that the inadequacy also directly affected defendants equal rights pursuant to the Constitution The final judgment did not contain a specified time for exercise of the right of redemption, other than a provision which stated that upon the filing of a certificate of sale, all rights of the defendants and others claiming interest would be terminated. Pursuant to the judgment, a foreclosure sale was scheduled for XXXX XX/XX/XXXX and prior date of said Judgment on/or XX/XX/XXXX I hereby Certify that my redemption right as been violated Within the ten day time permitted under section 45.031 ( 4 ), Florida Statutes, for filing objections to the sale Defendant filed an objection Motion to vacate the foreclosure sale and indicated is reasons found within the documented Motion but not limited too same as a good faith commitment and appropriate resolution Defendants motion was not granted. 


Defendant contest and objects to the integrity, trust and all additional amounts requested by the Lender Wells Fargo and all assignees because they are inflated, and do not consist of a true and justified calculated amount, they have overcharged by XXXX and more at the expense of injustice. 


For and before the foregoing and foreknowing reasons Defendant suggest that the Foreclosure be reversed and that the auction sale be invalidated and that circumstance are sufficient to void the sale because the sale is a violation that affected and resulted in actual prejudice to the home owner in this case being : The Defendant : XXXX 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