Consumer complaint received 2019-03-04
Company: WELLS FARGO & COMPANY
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Dear CFPB, I am writing this complaint in the hope you can help me resolve an injustice I have been dealing with for several years regarding a Wells Fargo mortgage. The loan number is XXXX. 

To help set the stage, the original issue started when my x-wife who was awarded the family home by what should be considered a seriously questionable, equitable distribution decision, chose around XX/XX/XXXX to put it into foreclosure, intentionally. 

I say intentionally because she had more than adequate income to pay the mortgage. After the child support I paid her, she only had to take {$600.00} a month from her {$100000.00} a year earnings to pay the balance of the mortgage. Curiously, it was the very next month after I told her I was going to pay off the retroactive award for child support I had paid down to about {$10000.00} from the original {$19000.00}, she stopped paying the mortgage and the whole default, foreclosure process started rolling. 

The {$63000.00} I had paid on the family home mortgage while living elsewhere during the 3 year divorce proceedings was never credited by the court in our divorce decree and should have been credited to child support yet somehow, I ended up with a {$19000.00} arrears. Guess I dont understand judicial math. 

I was obvious her intent was to destroy my credit to prevent me from being able to obtain financing to pay off the balance on the child support statement she liked to flaunt to make me appear as a horrible XXXX  dad. She would always tell our children as well to try and make me look like a bad father. 

My frustration continues from XXXX to current as it took approximately 4 years before Wells Fargo finally got my X-wife into court to start discussions. Their first set of attorneys messed up and it had to be refiled by the new attorneys. Then another 6 months before the Modified mortgage agreement was put into place. An agreement I never signed or would have agreed to sign. My questions when the conferences took place were, will this clear my name. The only answer I ever got was ask your attorney. Which I could not afford and was self-representing for the workout conferences. It is clear now what the answer was, no. 

The modified note substantially changed the original terms of the mortgage note I had signed. It increased a balance of about {$110000.00} and 7 years remaining to a nearly {$200000.00} and another 30 years and increased the payment 25 % from around {$1800.00} to over {$2200.00}. 

The foreclosure messing up my credit was on my x-wife, who should have cleared my name back in XXXX under the terms of our divorce decree. However, the damages I have incurred since, is because of Wells Fargo and keeps growing. I have had to file bankruptcy again to protect my property from a tax sale foreclosure. Not being able to obtain the funds necessary to develop my property, has had a serious detrimental effect on my property cash flow and ability to pay my taxes. The modified loan now has nearly doubled and is still on my credit and has blown my debt to income ratio way out of line, making it impossible for me to obtain financing. 

I do not understand how Wells Fargo can with only the signature and consent of one of the two parties who originally signed a note " substantially '' increase the debt obligation, term and payment and still hold the second party who did not sign and consent, responsible and damage their credit. 

Because of this issue with Wells Fargo I have lost well in excess of {$120000.00} of rental income over the past 3 years, from not being able to obtain funding and renovate and develop my three buildings containing 25,000 square feet of space. In addition to the thousands of legal fees and Trustee fees and interest that has accrued on my past due taxes along with the stress and sleepless nights worrying during this whole process. 
What has occurred to me would be similar to someone signing to buy a car for {$30000.00} and after they drive it off the lot the dealer calls them and says, " We have decided to charge you {$60000.00} for the car. '' It can't happen with a car loan without a signature, how can it happen unilaterally with a home mortgage? 

I have asked Wells Fargo on several occasions to clear my name and all I get is the, We will get back to you., run around. 

I hope and pray you can help me resolve this issue with Wells Fargo and hopefully help me move on with my life and get some fairness and justice from an unfair situation. 

Sincerely, 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