Consumer complaint received 2023-01-17
Company: WELLS FARGO & COMPANY
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX, Wells Fargo ( the servicer ) wrongfully foreclosed on my home of 23 years by auctioning it through a Sheriff 's sale, despite the fact that I had a HAMP application pending. My first HAMP modification application is dated XX/XX/XXXX. I can provide you with copies of all three loan modification applications that I submitted to Wells Fargo along with the loan application numbers. The second HAMP application is dated XX/XX/XXXX. The third HAMP application was dated XX/XX/XXXX. All three applications were submitted online, by fax and also by mail. I have copies. 

I have in my possession, a statement that " Servicers have made a commitment to delay foreclosure sales on all loans that meet the minimum eligibility criteria for a home affordable modification while an application is under consideration. '' I received a telephone call from a Wells Fargo loan officer in XXXX we did a telephone loan modification interview. He had a copy of one of my HAMP applications. At the end of the interview, he told me that I qualified for a modification loan. He instructed me to wire funds to the bank so he could finish processing my application. I reminded him that the HAMP program did not require an upfront payment. He said that he had just approved me for a Wells Fargo modification loan. Not a HAMP modification. I reminded him that my application was for a HAMP modification loan. He told me that I qualified for the HAMP modification, but that he couldn't help me with that request. I began to protest, and he hung up on me. 

XXXX XXXX also had a policy preventing foreclosure on homes that had a HAMP modification application pending. And XXXX XXXX XXXX also had rules preventing the Sheriff 's sale of a home that had a HAMP modification pending. 

I had fallen behind on my payments due to repeated company closures by my employers. Before the recession, I had a perfect 22-year payment record.

After I discovered that they had auctioned off my home, I immediately contacted XXXX XXXX XXXX to inform them that they had just auctioned a home that had a pending HAMP modification application. XXXX XXXX XXXX sent an email response informing me that they had not received notification of my HAMP application from Wells Fargo. 

I filed a complaint with CFPB, case number XXXX. XXXX XXXX, from Wells Fargo, provided the following response as an explanation for closing my complaint without a satisfactory resolution : " Due to the complex nature of the complaint, our company requires additional time to complete the necessary research. 

I spoke with XXXX by phone, but we did not come to an agreement about what should be done about the wrongful foreclosure. '' I wanted my house back. Wells Fargo said they could have given me back my house, except they auctioned it to a third party. 

In lieu of the recent settlement the CFPB entered into with Wells Fargo regarding wrongful foreclosures, GAP insurance and wrongful auto repossessions, I must ask why the settlement is not applicable to individuals and families who had their homes wrongfully foreclosed before XXXX of XXXX? 

I have a large three ring binder jammed full of letters, emails, phone logs and copies of the three HAMP applications that I submitted to Wells Fargo along with all other supporting documentation and forms. I have documentation of significant errors signing and misconduct in the foreclosure process. I worked diligently to prevent this foreclosure. 

I erroneously placed my trust in the Independent Foreclosure Review and the National Foreclosure Settlement process. I also filed complaints with the WA State AGO office. But I have yet to receive adequate compensation for the financial damage and emotional trauma this experience has caused me and my family. Wells Fargo wrongfully took my home of 23 years. My home was my single major asset, and it wrongfully taken from me despite a number of rules and procedures designed to protect my right to modify the loan until I could get back on my feet financially. I wasn't asking anyone for a handout. I was willing to make up the missed payments and pay additional interest for the privilege to do so. All I wanted to do was keep my house. 

On XX/XX/XXXX, I received a letter from the two men who purchased my home at the Sheriff 's auction. They told me that a representative from Wells Fargo had told them that I had submitted a HAMP modification application to them during the foreclosure process. Hence, they offered to re-sell me my wrongfully foreclosed home of 23 years for {$390000.00}. I have copies of their correspondence and all their threats. Please consider taking action against the servicers who routinely violated distressed homeowners ' right to apply for and receive a HAMP modification to save their homes between XXXX and XXXX of 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