Consumer complaint received 2019-05-29
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XXXX Dear Consumer Protection Team Members : I am writing with regard to Wells Fargo Home Mortgage, XXXX, property address XXXX XXXX XXXX XXXX , XXXX XXXX FL XXXX. 

This entire multi-year debacle began when I received a letter from the ( Wells Fargo Home Mortgage ) WFHM office in XXXX XXXX SC, dated XX/XX/XXXX. The letter was from XXXX XXXX XXXX, Senior Vice President WFHM. The letter was an offer to reduce our mortgage rate with and gain a savings of {$190.00} per month. 
Because interest rates were continuing to fall, we did not accept this offer. 
The following fall, I received a call from a WFMH call center in XXXX Florida, XX/XX/XXXX. I was informed by the WFHM representative that, because we were long term great clients who had never missed or been late on any payments ( other than one forbearance granted in XX/XX/XXXX due to my XXXX XXXX and loss of income during recovery ), and had not accepted their prior offer from XX/XX/XXXX, we were selected to have our mortgage rate reduced. This offer was being made by WFHM to good mortgage clients to help retain them. WFHM mortgage clients that would see saving from a  refinance of their current loan to a lower interest rate, due to falling mortgage rates, may be tempted to do so and leave WFHM. WFHM was acting preemptively to save these clients by extending this offer to us and other similar customers. Our new loan offer would lower our monthly payment {$260.00} per month. This seemed like a great idea and we agreed. 

We were sent a Wells Fargo Three Step Refinance SYSTEM package. We received the Wells Fargo Three Step Refinance SYSTEM package in the mail and went to our local ban to complete the paperwork and sign in front of their representative. We completed the paperwork and it was put in the XXXX overnight shipping package that was supplied and sent in via XXXX. We were to get a new payment amount and start our new payments in XX/XX/XXXX. 

Near the end of XX/XX/XXXX, we have not received our new payment statement and I call WFHM to inquire. It was then I learned that due to the volume of paperwork in refinancing at WFHM our Wells Fargo Three Step Refinance SYSTEM package had not been processed on time and the amounts were not incorrect due to interest applied to the loan. Because the loan was in limbo we were instructed not to pay our old mortgage amount and to allow WFHM to role the XX/XX/XXXXpayment into another application package they would send right out. We got the second Wells Fargo Three Step Refinance SYSTEM package, completed it at the bank and send it in again. 
On XX/XX/XXXX I called WHHM again to ask about our payment statement. We had not gotten the promised XX/XX/XXXXstatement and the end of month was near. I was told they never processed the second package at all. The complete package had been lost or miss placed. I was again assured it was due to the large number of loans being processed and they would handle the issue. I got a returned call XX/XX/XXXX stating WFHM was still unable to locate the second Wells Fargo Three Step Refinance SYSTEM package. However, there was a new program available that would save us even more on our mortgage. It was called HARP. We were told that because we had been instructed to skip our XX/XX/XXXXpayment and they had failed to locate the second loan package we would qualify for the new HARP program. In essence we qualified by default because two payment had now not been made. WFHM then moved our loan to loss mitigation to be processed as a HARP loan modification. 

After several calls to the loss mitigation department we were finally assigned to a loan processor, XXXX XXXX, XXXX ext XXXX. XXXX explained the HARP program. A few weeks passed and more calls to follow-up with XXXX, leaving many voicemails. Eventually we were sent a WFHM Loan Modification Starter Kit. We asked about making our old payments at the original loan amount until the third set of paperwork, now for a new program, HARP, was done. We were instructed not to do so because it would disqualify us from the HARP program. We did as instructed and finally we spoke to XXXX again. 

In XX/XX/XXXX, XXXX coached us through the HARP application process. Though we did not originally know there was a required hardship letter required to qualify for HARP, we were coached as to what we needed to include in the letter to qualify for HARP and get a new mortgage and additional monthly savings. Because it took so long for the WFHM loss prevention team to get out application out and processed, we were instructed to request a forbearance, for the time required by WFHM to get  the HARP loan processed. This would defer the regular mortgage payments due while the HARP application was processed. The forbearance request was submitted as instructed by the WFHM team. Though we were becoming more distressed at the long period of time the processing of the application was taking, we were assured our skipped payments were not have any derogatory effect on our WFHM loan or refinance at the reduced rate with HARP because the forbearance was in place. 

However, we received notification via USPS that WFHM had filled a case against us for not paying the mortgage, even though this was what we had been instructed to do by WFHM loss mitigation department. As we were very upset at this development. I called the loss mitigation department at WFHM and was re assured this is just part of the process, there is nothing to worry about. I also confirmed with the team member, XXXX, at XXXX, that our HARP paperwork had been accepted and was being processed. 

We were approved for the HARP program. We did make the three payments as required as a trial period while working with your representative, XXXX XXXX. Payments made were ~XXXX - XX/XX/XXXX. As a condition of the restructuring and reduction of the mortgage loan rate and principle balance, Wells Fargo was to automatically deduct our payment monthly from our Wells Fargo checking account. Unfortunately, this automatic debit from checking never began. We repeatedly tried to contact XXXX XXXX. With no response from XXXX, we just sent in another mortgage payment. It was returned to us. We left numerous messages with XXXX to no avail and months passed. When we were finally contacted by WFHM again. We were notified XXXX XXXX had left Wells Fargo. We were then to be assigned to a new HPS. WFHM failed to complete and counter sign the HARP loam modification and would no longer honor the HLM even though we did everything requested of us and followed all WFHM instructions. 

In the meantime, there was the Assignment of our Mortgage on XX/XX/XXXX to WFHM filed with XXXX Clerk of Court. 

We were awakened at XXXX XXXX on XX/XX/XXXX by a man banging on our door insisting he was sent from WFHM to collect our payments. He stood in the street yelling if we did not open the door he would break down the door and beat the money out of my *ss. When I refused to open the door he threatened to come back and block the doors to burn down the house with our kids inside. I called WFHM and  reported the incident. I was assured this was not a representative from WFHM and not to open the door for him if he returned. We were called by a representative of the Office of the President from WFHM, ( XXXX ). Our HLM  was being placed on hold and we would be contacted again when WFHM was ready to move forward. 

Eventually we were notified by mail we had another HPS, XXXX XXXX. I called to discuss the issues and HLM with him. XXXX XXXX was totally unaware of our account and his responsibilities as our HPS contact. I was asked to fax a summary of the past account events and concerns. XXXX was to get back to us with updates and next steps. Here was our fax correspondence requested by and sent to XXXX XXXX. 

Dear Wells Fargo Team Members : Attn : XXXX XXXX XXXX x XXXX XXXX During this time our mortgage is in a mess to say the least. Please look at our payment history to see we did make the three payments as required as a trial period while working with your representative, XXXX XXXX. Payments made were XXXX - XX/XX/XXXX. As a condition of the restructuring and reduction of the mortgage loan rate and principle balance, Wells Fargo was to automatically deduct our payment monthly from our Wells Fargo checking account. This never began and XXXX XXXX left Wells Fargo. We attempted to contact him for months and/or speak with anyone in his department. Finally, we spoke to XXXX, who informed us of XXXX departure and that no one was replacing him or completing his open files. XXXX was to have a supervisor contact us and set up the debits from our checking account. No contact was ever made. 
As you will note from my file, in communications with this department over the past three years, I am eager to work a payment plan, to meet our obligations to Wells Fargo as quickly as possible. Your assistant in restructuring our loan and the reduction or the interest rate and principle balance under HEMP or HARP as you see fit, is greatly appreciated. 
In working with XXXX XXXX, we were ask to again submit another HLM application package. We did so. Then the letters we received, there was no other contact from XXXX XXXX. 
After several attempts to reach XXXX XXXX, when calling the Loss Mitigation team at WFHM, I got to speak with Mr XXXX. This was XX/XX/XXXX. I was again asked to fax a summary of my request into the HLM team. 
I am writing in regards to mortgage XXXX Per my call to Wells Fargo Home Mortgage on XX/XX/XXXX, and speaking with team member XXXX XXXX, I am submitting the following recapitulation of past events and additional information and explanations of income on our XX/XX/XXXXtax return. 
As it was explained to me by Mr. XXXX, Our paperwork ( Previously requested per the call on XX/XX/XXXX with XXXX ( XXXX ) was submitted by fax on XX/XX/XXXX @ XXXX ), needs to be re submitted and updated. The paper work referenced above was assigned to the team member XXXX XXXX ( XXXX x XXXX ) per the XX/XX/XXXX call with XXXX. A message left for XXXX XXXX re the fax was left on XX/XX/XXXX with no returned call. Another call and message was left for Mr. XXXX on XX/XX/XXXX and the fax receipt was confirmed by another team member in the call center. The application was to be processed and I would get information on the progress with in sixty days. No call back was received from Mr. XXXX or any other team member. On XX/XX/XXXX another call was made with a message left for Mr. XXXX. A second call to the call center that day allowed me to follow up with team member XXXX XXXX x XXXX. He then ask me to resend the fax from XX/XX/XXXX because some pages had overlapped in the fax machine and were not complete. The fax would not go through that day and was sent with the requested complete XXXX tax return on XX/XX/XXXX attn Mr. XXXX. Another message was left in voice mail for Mr. XXXX. No return call was received. I then was informed that Mr. XXXX was no longer operating in that role at Wells Fargo and had not been for some time. That is the reason no calls had been returned from my messages. My actual account team member is you, XXXX XXXX. 
In my call on XX/XX/XXXX, and speaking with team member XXXX XXXX, I was informed that due to a management error, Mr. XXXX, who had actually never worked the account file, was in the system still as the team member assigned to the account. It had not been moved to your que. It is in the system which generates letter for XXXX XXXX under Mr. XXXX, as I am still, as of XX/XX/XXXX, getting letters in his name. Per Mr. XXXX, as of XX/XX/XXXX, the manager, XXXX XXXX, will be putting my account in your name as my team member contact. 

We began to work with XXXX XXXX, our new HPS. XXXX was wonderful to work with on getting resolution of the issues and rebuilding our account. It was explained that due to the volume of applications and severe shortage of WFHM preservation team members our last application was not processed. We were asked to complete another application package. We were informed it was going to be some time before our package was processed. While we continued to work with XXXX XXXX, he scheduled and kept weekly follow up calls every Friday. While we worked with XXXX XXXX on getting a new application approval, mortgage payments were made accepted and kept by WFHM. These payments continued for a year and our HLM application was put on the back burner we were told. This was to allow the HPS team to focus on mortgage holder who were in greater need of attention than we were at the time. 
In time, XXXX stopped calling. We got no returned calls from him. We eventually spoke to a supervisor in loss mitigation again and asked for XXXX XXXX. We were again told the HPS was not our representative. We would be reassigned. 

On XX/XX/XXXX, XXXX XXXX, Wells Fargo XXXX XXXX XXXX was assigned to our account, XXXX ext XXXX. We were asked to submit a HLM application again. This time we did so, it was processed and we again started off with our three trial payments. Then just like in XX/XX/XXXX, with no more payment coupons, our payments were no longer accepted. The check we sent were mailed back. I tried to pay online via the WFHM web site. When the payment was processed, WFHM soon cut a check and mailed it to us returning our payment. 

In desperation, we sought council who, working with the law from of XXXX XXXX XXXX in XXXX, eventually got another HLM application processed by WHFM.  The WFHM HLM   was completed and sent to the WFHM attorneys XXXX XXXX XXXX XXXX. ) The HLM was dated XX/XX/XXXX by XXXX XXXX HPS of XXXX ( XXXX ext. XXXX. ) However, our attorney and then, we the applicants, did not receive the offer until XX/XX/XXXX. The offer of the HLM was valid only until XX/XX/XXXX. ( It is attached for your review. ) We were very excited to think this process was complete and with the assistance of the attorneys would finally be settled. I was concerned about the acceptance date having already passed when we were sent the HLM document. I immediately contacted WFHM and the council about the modification and the required acceptance date having passed prior to us even getting the HLM document to execute. Though the attorney said they would honor the HLM, WFHM would not. WF Loss mitigation team call center said the HLM offer was no longer valid because the amounts would be in error due to the interest calculations. 

We have been working with WFMH, their and our attorneys continuously since last XX/XX/XXXXto get this previously approved HLM updated so it will be honored by WFHM. We and the attorneys are in acceptance. Per the WFHM request, we have completed and resubmitted the entire loan application package three additional times since XX/XX/XXXX. I understand these documents were requested for the purposes of updating the information on our finances and confirming we are still capable of paying the previously offered HLM of XX/XX/XXXX. We are now and continue to be ready willing and able to pay the HLM  amounts of XX/XX/XXXX or any similar current version thereof. 

The repeated loss of paperwork ( fourteen HLM  applications completed and submitted over the years of this nightmare ) and failure to honor their own WFHM agreements when completed and executed fully on our side, eventually destroyed our credit rating. I ultimately lost my career employment. I was not re-employable due to my horrific credit history. My wife gained employment and I did odd jobs from XXXX to cover all our bills. Eventually, I started my own business. Our work and businesses are stable and growing. Now, after three more requests from WFHM to re-apply for a HLM since XX/XX/XXXX, our HLM request was denied because we earn to much to be eligible for the HLM. On the third and final request, we are now again told we can not afford the payments. Since the HLM approval we received after it was expired in XXXX of XXXX, we have worked continuously to grow our businesses. Our income has now increased from XX/XX/XXXX when we were originally approved for this same HLM. This is in direct contradiction to the reason for this denial. 

We are at loss as to what to do to get a reasonable and favorable resolution. Per our councils advice, we are now in Bankruptcy court trying to save our home. We are not only making payments via a trustee but also pay our attorney fees and the WFHM appointed mediator. We can afford our mortgage payments and paid it each time WFHM would accept payment and sometimes even when they mailed it back. 

I have attached the first HLM  and the most recent HLM for your consideration. 

Tomorrow, XXXX, we are paying for and going to a mediation to beg for WFHM to allow us to pay our mortgage, honor their own agreements and save our home. 

I implore you to please help us save our home. 

Sincerely, XXXX 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