Consumer complaint received 2017-12-08
Company: WELLS FARGO & COMPANY
State: CO
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
Sir or ma'am, I am a resident of the state of Texas and an XXXX XXXX XXXX XXXX currently stationed at XXXX XXXX, CO. I am writing to you for any help that you XXXX be able to offer in a very unique case. 

I bought a home in XXXX XXXX in XXXX with my then wife. In XXXX, we divorced. As a part of our divorce decree, the property was not immediately sold ( my intention was that my XXXX children would not be forced out of their home ) but rather the decree stipulated that my ex-wife must make all reasonable efforts to refinance or sell the property within 12 months. That did not happen and the mortgage debt and bad credit reporting remains in both our names still. 

In XXXX, after we were no longer married, Wells Fargo initiated the foreclosure process on the jointly owned property. The foreclosure was soon thereafter stopped citing protections under the XXXX XXXX XXXX XXXX ( XXXX ). Foreclosures were initiated again in XXXX and XXXX and also stopped again because of the XXXX. At this point, the mortgage has not been paid by my ex-wife in over 7 years and Wells Fargo still refuses to carry through with the foreclosure, despite me waving my rights under the XXXX. 

As you can imagine, my credit has been catastrophically damaged by this and I am still not able to provide a home for my family, 10 years after our divorce. A federal statute that was intended to protect my rights is being used against me so that Wells Fargo may avoid further inquiry by the XXXX Department, as they and other banks have been under for the many number of illegal foreclosures that have been in the news over the past few years. Wells Fargo has been unable to contact my ex-wife in order for her to wave her rights under the XXXX. I do n't even understand how she has " rights '' under the XXXX, as we were not married when they initially started the foreclosure process. I have tried many different approaches with the bank and have each time been told " there is nothing they can do ''. I understand that I am not without fault in this situation. However, I also realize that my credit would have recovered from a foreclosure or even a bankruptcy in the 10 years now since our divorce. I am feeling hopeless and as if this situation is unjust for all parties involved. 

At this point, my credit has suffered enough. I do n't even know what to ask for in regards to resolution to this case. I am simply asking if someone who has a larger scope regarding this issue can help find some sort of resolution so I can move forward and provide for my family. 

It is also my understanding that there was a foreclosure by the XXXX and then their interest was sold to a third party investor who is now trying to evict them from the property. I am quite sure there are other legal details and points of fact that affect this case that I may not even be aware of. Please help. I am glad to offer any further details upon request. 

Thank you,

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 non-monetary relief