Consumer complaint received 2016-02-14
Company: WELLS FARGO & COMPANY
State: MI
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My name is XXXX XXXX. Our family lives in XXXX, MI. and has lived in this house for the last 12 years and I am terrified that our mortgage servicer, ASC, is intentionally driving our mortgage into foreclosure without considering us for some kind of workout program that would entitle us to get this back on track. 
We have undergone some hardships that caused us to get behind in the past but through perseverance and our faith, we now have the means to make our payments on a regular basis if ASC would only give us that opportunity.. 
My husband 's son XXXX XX/XX/XXXX causing XXXX and financial hardship as you can imagine. I also have a XXXX son, XXXX, that lives with us full time, that has no means of income. 
For well over a year ASC told us to submit documentation to them so we could enter a modification program. During that time we submitted no less than XXXX ( XXXX ) complete packages to them. 1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' During those times of sending in and resending in documentation at much expense to us, we were transferred to numerous account managers that was completely frustrating, costly and at the end, ended up nowhere. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options. Why was n't I assigned a single point of contact to assist me in saving my home? " CFPB 's mortgage servicing rules ensure that borrowers in trouble get a fair process to avoid foreclosure ''. 
XX/XX/XXXX., we were told on the phone that our modification request had been denied because we had gotten a modification years before and you could only have 1 modification in a lifetime. If that was really true than why did n't they tell us that 1 1/2 years earlier before going through submitting documents to them over & over again. This has caused much stress emotionally, financially and at some times strain on our marriage. 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' After they told us on the phone we could n't have another modification we were never notified in writing or a chance to appeal that decision. 1024.41 ( b ) ( 2 ) ( B ) " Notify the borrower in writing within 5 days after receiving the loss mitigation application that the servicer acknowledges receipt of the loss mitigation application and that the servicer has determined that the loss mitigation application is either complete or incomplete. '' 1024.41 41 ( h ) Appeal process. Paragraph 41 ( h ) ( 3 ) Supervisory personnel. The appeal may be evaluated by supervisory personnel that are responsible for oversight of the personnel that conducted the initial evaluation, as long as the supervisory personnel were not directly involved in the initial evaluation of the borrower 's complete loss mitigation application It appears without a doubt ASC has violated numerous servicing laws set up to protect mortgagers under the Wall St. Reform & Consumer Protection Act. 
I am asking/ pleading for someone at ASC to step up and do the right thing, by us, and set our mortgage debacle back on track. We have the means, full time income, to support and continue supporting our mortgage payment if would merely put the arrearage at the back of the loan so we can get a fresh start and live here without fear of being homeless. I thank you and my family thanks you in advance to anyone that will help us. 
Sincerely, 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