Consumer complaint received 2023-12-15
Company: WELLS FARGO & COMPANY
State: CT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: An existing modification, forbearance plan, short sale, or other loss mitigation relief

Complaint:
I am filing a new complaint with the CFPB today against Wells Fargo Bank N.A. as a follow-up to my original complaint ( complaint # XXXX ) filed with the CFPB on XX/XX/XXXX. 

I received a letter dated XX/XX/XXXX and a {$200.00} check ( attached ) yesterday from Wells Fargo Customer Care - Remediation as follows : Subject : Check Enclosed Mortgage Account Number : XXXX Property address : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Dear XXXX XXXX : During a review of the account, we identified that when the loan was considered for payment assistance options, an error may have occurred. As a result, we are enclosing a check for {$200.00}. 

In my original complaint the CFPB asked What would be a fair resolution to this issue? and I stated the following : I believe that total damages are in the range of {$100000.00}. 

Therefore, the late admission by Wells Fargo that an error may have occurred ( after complete denials and outright lies, in their response to my first complaint ) with a paltry {$200.00} check is a slap in the face, and shows the true extent of Wells Fargos hubris. 

My original complaint states as follows : I had a $ XXXX plus mortgage balance with Wells Fargo Home Mortgage from XXXX through XXXXWells Fargo Home mortgage charged me improper fees to refinance the existing mortgage in XXXX while I was on total XXXX, improperly applied my payments before, during and after the refinancing, and improperly refused to allow me to refinance my home again during the pandemic in direct disregard for the CARES Act and other mortgage protections. I was forced to sell my home earlier this year and now, will be unable to buy a new one due to XXXX. 

Wells Fargos Interim Response on XX/XX/XXXX, was that it was still working on my issue and that Weve been unable to establish contact with our customer XXXX XXXX and requested additional time to fully address my concerns. 

Let me state unequivocally, that Wells Fargo made XXXX attempts to contact me during the time period in question, and only contacted me after filing their response on XX/XX/XXXX, when the CFPB listed the complaint as closed with explanation. 

Wednesday morning, XX/XX/XXXX, a XXXX XXXX from Wells Fargo called me regarding my complaint to address any concerns that I had. Again, this was their first attempt to contact me, which was, at that point, after the fact, as the complaint had already been closed by the CFPB. 

As per my Feedback Provided to the CFPB : As I explained to him, Wells Fargo is free to put any questions regarding my complaint in writing, and I will respond in writing to those questions. 

This is due to the fact that they have been pathological liars in dozens of previous conversations ( supposedly all recorded by them ) over the phone. From promising to consider my specific requests for forbearance post XXXX of XXXX, to their outright denial of my request to put my mortgage payments on the back-end of my Wells Fargo home mortgage as allowed by the Cares Act. 

In late XXXX, I told Wells Fargo specifically which portions of the CARES Act ( to the exact chapter and subsection ) they were violating by refusing to process my forbearance requests from XXXX of XXXX. 

My requests were met with ignorance of any such regulations and subterfuge by Wells Fargo. If possible, simply have them produce each and every purportedly " taped conversation '' from the dozens of calls I ( and they ) made between XXXX of XXXX and XXXX of XXXX. 

When they say " there are no such taped conversations '' don't believe that for a minute. In fact, nearly every word of Wells Fargo 's response to the Consumer Financial Protection Bureau is an outright lie. 

While they claim that " No refinance attempt was found using your customer information '' and that " You did not request or receive any months of COVID-19 specific forbearance '' post XX/XX/XXXX, I have every single email exchange stating otherwise. 

The following are the " email headlines '' and I can provide the body of each and every email, if requested : 1 ) Date : Sat, XXXX XX/XX/XXXX XXXX XXXX - From : Wells Fargo Applications & lt ; XXXX XXXX XXXX ; - Subject : We've Received All of Your Documentation X-Mailer_Template : DEFAULT_LOAN_LOAN_PRESERVATION_PROCESS_COMPLETED 2 ) Date : Wed, XXXX XX/XX/XXXX XXXX XXXX ( XXXX ) - From : XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; - Subject : Handling of Your Recent Home Assistance by Wells Fargo Home Lending 3 ) Date : Wed, XXXX XX/XX/XXXX XXXX XXXX - From : Wells Fargo Applications & lt ; XXXX XXXX XXXX ; - Subject : We've Received All of Your Documentation X-Mailer_Template : DEFAULT_LOAN_LOAN_PRESERVATION_PROCESS_COMPLETED 4 ) Date : Thu, XXXX XX/XX/XXXX XXXX XXXX ( XXXX ) - From : Home Lending Customer Satisfaction Team & lt XXXX XXXX XXXX XXXX ; - Subject : Your Recent Contact with Wells Fargo Home Lending 5 ) Fri XXXX XXXX XX/XX/XXXX XXXX XXXX - From : Wells Fargo Application & lt XXXX XXXXXXXX XXXX XXXX ; - Subject : Next Steps for Your Home Assistance Request 6 ) Date : Fri, XXXX XX/XX/XXXX XXXX XXXX - From : Wells Fargo Applications & lt ; XXXX XXXX XXXX ; - Subject : Meet Your Home Preservation XXXX 7 ) Date : Fri, XXXX XX/XX/XXXX XXXX XXXX - From : Wells Fargo Applications & lt XXXX XXXX XXXX XXXX ; - Subject : Reminder to Send Required Documents 8 ) Date : Tue, XXXX XX/XX/XXXX XXXX XXXX - From : Wells Fargo Applications & lt XXXX XXXXXXXX XXXX XXXX ; - Subject : Meet Your New Home Preservation Specialist 9 ) Date : Wed, XXXX XX/XX/XXXX XXXX XXXX ( PST ) - From : Wells Fargo & lt XXXX XXXX XXXX XXXX ; - Subject : Your recent interaction with Wells Fargo ( continued below ) Please see ( attached ) for some of the actual emails. I could have sent them all, but they illustrate that Wells Fargos laughable assertion that No refinance attempt was found using your customer information and You did not request or receive any months of COVID-19 specific forbearance is completely false, and is, at best, bad faith in Truth and Lending and other banking and consumer laws, and at worst, mortgage fraud by Wells Fargo , considering the above disclosures. 

As continued, under Additional Comments in my first complaint : Again, I have every one of these emails showing that not only did I apply for " COVID-19 specific forbearance '' in XXXX of XXXX, but that they received the requested documents specifically requesting the forbearance. They then proceeded to " jerk me around '' for the rest of XXXX and right up through the end of XX/XX/XXXX, as you can see by the emails. After I accused them of " Violations of the CARES Act, '' they deliberately contacted the credit rating agencies with " disparaging and derogatory remarks '' on my credit report less than 30 days later ( *see below ) and I have those emails from the " XXXX XXXX '' credit reporting agencies as well. Unable to " fight anymore, '' I sold my " dream home '' on XX/XX/XXXX ( my XXXX birthday ) and paid Wells Fargo " in full '' with plenty of penalties and interest.Wells Fargo has " done their best '' to assure that I will have a tough time ever owning a home again. 

* ( actual emails available on request ) And further as per " additional Comments '' : Again, " verbally contacting me? '' What a joke! Please have them provide detailed records of every verbal interchange during the time periods above, detailed credit bureau communications while my " forbearance requests '' were in process and detailed internal records of escalation of my ( very ) specific assertions of violations of Cares Act provisions to Wells Fargo internal management as well as ANY internal attempts to process my paperwork to allow me to " keep my home. '' I am making one last attempt to resolve this before the CFPB, considering that the CFPB did absolutely nothing to resolve my issues in my first complaint ( complaint # XXXX ) before filing a federal lawsuit against Wells Fargo Bank N.A . in United States District Court for the District of Connecticut ( D. Conn ) under the following ( including, but not limited to ) statutes : Attached emails from Wells Fargo show that multiple Wells Fargo employees were attempting to have me " re-qualify for my mortgage '' when requesting mortgage assistance during the COVID-19 pandemic, even though I cited " chapter and verse '' CARES Act regulations that stated otherwise. As the emails show, Wells Fargo was reporting my " late paymets '' to the credit reporting agencies, and " demanding the past-due payments. '' ( 1 ) Violation of the Racketeer Influenced and Corrupt Organizations Act ( RICO ) ( 2 ) Violation of the Truth in Lending Act ( TILA ) ( 3 ) Violation of the Real Estate Settlement Procedures Act ( RESPA ) ( 4 ) Violation of the Fair Credit Reporting Act ( FCRA ) ( 5 ) Breach of the implied covenant of good faith and fair dealing ( 6 ) Unjust enrichment ( 7 ) Gross negligence ( 8 ) Several State of Connecticut statutory consumer protection, credit reporting, or debt collection claims. 

I will be providing Wells Fargo Bank N.A. with a pre-litigation Letter of Intent to Sue with a settlement demand ( listed in the CFPBs fair resolution to this issue section of this complaint ) by registered mail to their XXXX XXXX XXXX, XXXX XXXX, XXXX address on or before XX/XX/XXXX giving them thirty days ( or until XX/XX/XXXX, one year from my original complaint ) to give them a chance to resolve the matter amicably before heading to federal court.

Company response to consumer: In progress