Consumer complaint received 2018-03-06
Company: WELLS FARGO & COMPANY
State: NV
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
I am being turned down for loans because of a document Wells Fargo filed in XXXX in spite of repeated promises and agreements not to do so. In XXXX of XXXX, I applied for a HAMP modification on my 1st mortgage. We had two mortgages - one with XXXX and one with Wells Fargo. XXXX rapidly completed the modification and approved it within 90 days. Wells Fargo took about 2 years to process their modification, but only after we hired an attorney and filed a CFPB complaint. The mortgage servicer was America 's Servicing Company ( ASC ) / dba Wells Fargo Bank. Despite written agreements not to do so, during the process of the HAMP modification on XX/XX/XXXX, XXXX filed a " Notice of Default ( NOD ) '' on my mortgage and began to initiate foreclosure. In fact, the reason that the HAMP modification was not already completed by this time was because ASC was very slow to approve our HAMP modification. They changed our reps continually which forced us to re-file again and again over a period of nearly 2 years. They repeatedly tried to get us to do a short sale which we would not accept because we felt it would be dishonest. Wells Fargo did not respond to hundreds of phone calls during the process. When we did reach them, it would nearly always be a different rep who had to read through voluminous notes to get up to speed. In short, we spent hundreds of hours and thousands of dollars to get a HAMP modification which we qualified for, and which was in accordance with federal law. Wells Fargo uses many techniques to make it extremely horrendously difficult for their clients to receive these modifications. They would not accept mortgage payments from us during that time because we had applied for a HAMP modification. They changed reps continually. They would not process our documents in a timely fashion, then they told us that the documents were expired and needed to be re-filed. They would not return phone calls. When they left a message, the person who left the message was almost never available and the new person was unfamiliar with our situation. ( With XXXX, we were assigned one rep from start to finish and the process was rapid and tolerable ). Finally, in order to get away from square one for the umpteenth time, we were required to hire a lawyer who forced the issue by giving Wells Fargo over 1,000 pages of documents proving that Wells Fargo was permanently postponing action on our HAMP modification. We also filed a complaint with CFPB. Our attorney pointed out to ASC that there was a pending HAMP modification and he forced Wells Fargo to withdraw their Notice of Default and Foreclosure actions. Wells Fargo told us that they retracted the NOD and any other foreclosure activities, and they rapidly approved our HAMP modification once our attorney was involved. We paid this attorney over {$5000.00} in legal fees for his help. By XXXX, we sold the home and ASC was paid in full according to the terms of the HAMP modified loan. We have requested many times for them to remove this NOD from the public record because it continues to cloud our credit and just last week again, another bank turned down a loan because of this erroneous NOD. I called XXXX XXXX XXXX, their legal agent, and their office no longer represents Wells Fargo so they wouldn't help us. This NOD needs to be expunged from the public record, or we need a letter from ASC or Wells Fargo that it was filed in error. Substantial documents are attached to support this complaint. I have over 1,000 pages of additional documents if needed.

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