Consumer complaint received 2023-10-05
Company: WELLS FARGO & COMPANY
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Fees charged

Complaint:
IN RE : UNITED STATES OF AMERICA CONSUMER FINANCIAL PROTECTION BUREAU ADMINISTRATIVE PROCEEDING File No. : XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- x In the Matter of : WELLS FARGO BANK , N.A . 
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- XXXX Re : Property Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear Sir or Madam : I am submitting this complaint based upon the fraudulent actions committed by Wells Fargo pertaining to the above lawsuit and my home mortgage loan against myself. The following is a complete history of what took place from the period of time from XXXX to XXXX and up to present day. 
This complaint arises from a matrimonial action commenced in the year XXXX in Supreme Court under XXXX XXXX. : XXXX which ultimately culminated in a Judgement of XXXX. Please see attached XXXX XXXX of XXXX duly entered on XX/XX/XXXX. 
During this divorce action the parties entered into a XXXX XXXX Stipulation which stipulation directed XXXX XXXX to maintain the home mortgage referenced above, automobiles, utilities, etc. See attached XXXX XXXX Stipulation dated XX/XX/XXXX. During this time XXXX XXXX refused to comply with the XXXX XXXX Stipulation which then caused my attorney, XXXX, XXXX, XXXX and XXXX, XXXX, to file a motion for contempt. Just a few months later, Wells Fargo began an instant foreclosure action on the subject premises by way of a XXXX Foreclosure XXXX. Please see attached XXXX Foreclosure XXXX dated XX/XX/XXXX. Please note that on said foreclosure action, XXXX XXXX was listed as a deponent as well as a XXXX XXXX  at this time. 
When I was served with this foreclosure notice I immediately contacted my attorney and then proceeded to call Wells Fargo in an attempt to communicate with them regarding the matrimonial action that was pending at that time. I was informed by Wells Fargo at that time that they would not speak to me and that I needed XXXX XXXX authorization in order to do so. During this period of time the relationship between myself and XXXX XXXX was so acrimonious with XXXX XXXX having been completely uncivil to XXXX XXXX he was making threatening comments to myself. It took a great deal of patience and coaxing to have XXXX XXXX provide authorization to allow me to communicate with Wells Fargo on the loan. All during this time the mortgage was going unpaid, the foreclosure action was pending and it was clearly XXXX XXXX intent to purposefully lose the home. Between XXXX XXXX abhorrent actions and XXXX XXXX intent on taking this home, the stress was overwhelming. Wells Fargo was like a vulture waiting in the wings. I had XXXX ( XXXX ) high-profile and expensive attorneys that I was paying for with the help of my parents, a matrimonial attorney, XXXX XXXX XXXX XXXX. and a real estate attorney, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX. 
As XXXX XXXX was not negotiating at all with Wells Fargo, neither was his attorney, finally on XX/XX/XXXX I secured authorization for my attorney, XXXX XXXX, XXXX. and myself to be able to communicate with Wells Fargo to negotiate the terms of the loan. Please see the attached authorizations to Wells Fargo dated XX/XX/XXXX. At this point my attorneys began feverishly communicating with Wells Fargo in an attempt to negotiate the arrears and miscellaneous charges via emails for which I was included on and have possession of. There were multiple attempts with Wells Fargo at reinstating the loan via those emails which included many payoff balances. At this time I had a mortgage broker, XXXX XXXX from XXXX XXXX, who was also assisting me in working the numbers in order that I could mortgage the home. At XXXX point via email my real estate attorney, XXXX XXXX, informed me that XXXX XXXX attorney, XXXX XXXX stated that Wells Fargo would not accept a partial payment to reinstate the loan and as of the XXXX Statement provided by XXXX XXXX, the minimum amount due to reinstate the loan was {$86000.00}. Please see the attached email from my real estate attorney to my matrimonial attorney dated XX/XX/XXXX. Now, during this time none of the car payments were made resulting in repossession, the utilities went unpaid and so on. As this matter was dragging on in Court and time was of the essence, I had no choice but to settle with XXXX XXXX for {$50000.00} as and for attorneys fees, the automobiles, mortgage, etc. 

With the mortgage arrears so excessive and after my mortgage broker and figured various ways of helping me to mortgage the home and after XXXX ( XXXX ) mortgage applications and fees, it became unfeasible for me to obtain a mortgage alone. Then I was served with a XXXX ( XXXX ) day notice to sell my home at auction from Wells Fargo. This caused me overwhelming stress. At this time my matrimonial attorney devised a plan to help me save my home from Wells Fargo which involved me having to withdraw my retirement funds early. I was able to do so and received {$200000.00} from my annuity withdrawal ( XXXX ). I had to pay the Federal Government {$40000.00} and the XXXX {$13000.00}. I then had to reimburse my parents for the money they lent me to cover living expenses and attorneys fees during this period of time. I paid any remaining debt I had and then took the remaining {$120000.00} and had to gift that to my brother, XXXX XXXX XXXX, XXXX, in an attempt to mortgage the home and save it from foreclosure. I was left with no money left after paying my real estate attorney at the time of closing. I had to pay all of Wells Fargos fees associated with the mortgage loan in order to reinstate the loan and have XXXX XXXX  pay off the remaining balance in order that I could close on the premises which occurred on XX/XX/XXXX. Please see a copy of the {$120000.00} check made payable to my brother, XXXX XXXX XXXX, XXXX as a gift as well as a Gift Affidavit dated XX/XX/XXXX. In order for me to close on my home I had to make an agreement with my brother that in the future I would be refinancing the home to remove him from the mortgage deed which I was on. On XX/XX/XXXX after a debilitating process, I was able to finally close on my home and save it from the vulture, Wells Fargo, via Freedom Mortgage Loan No. : XXXX. Not long after this I received a Notice of Entry enclosing an Order Vacating Judgment of Foreclosure dated XX/XX/XXXX. It is important to note that now in the caption I was listed formally as a deponent, XXXX XXXX. See attached Notice of XXXX. I have been residing here in my residence at XXXX XXXX XXXX XXXX XXXX XXXX XXXX  since XXXX alone with my children and have been paying my mortgage to Freedom through my bank account. 
During this time period the stress was so overwhelming that I became physically ill and developed an aggressive XXXX in my XXXX  XXXX in my face and a few months later had a XXXX for which I suffered severe complications resulting in XXXX ( XXXX ) months to recover from. 
FAST FORWARD TO XX/XX/XXXX. 
On XX/XX/XXXX I received, via regular, first class mail, a letter from Wells Fargo XXXX addressed to the attention of my now ex-husband, XXXX XXXX. In that letter from Wells Fargo to XXXX XXXX it stated very briefly, During a review of the account, we identified that we XXXX have processed an incorrect amount at loan payoff. As a result, we are enclosing a check for {$41000.00}. We apologize for any inconvenience this caused. Please see attached letter and check from Wells Fargo directed to XXXX XXXX dated XX/XX/XXXX. 
When I initially received this letter and check I assumed it to be a scam with all the scams that were currently taking place. But something in me told me to continue to look into it and I began to look up the routing number on the check which did belong to Wells Fargo. I then looked at the reference number on the letter and noticed that the XXXX did in fact coincide with my previous mortgage with them. My next step was that I google information pertaining to Wells Fargo and sure enough came across the lawsuit filed against them by the Consumer Financial Protection Bureau. All this time I had no knowledge of this information and became quite shocked and upset. I then proceeded to print up the XXXX XXXX and read the Stipulation of XXXX. 
That same day on XX/XX/XXXX, I contacted Wells Fargo XXXX Department and spoke with representative XXXX XXXX in an attempt to see if this was true. After speaking with XXXX XXXX and verifying my Wells Fargo mortgage loan number, she did in fact tell me this was not a scam and I proceeded to give her the history of my mortgage process and tell her that it was myself who wound up paying off all the arrears in order to reinstate the mortgage loan and to close on the home to save it from their foreclosure. This telephone conversation between Wells Fargo and myself I recorded. Needless to say, this was very upsetting. It was my request from Wells Fargo to correct the settlement check and make it payable to myself as XXXX XXXX was not entitled to receive those settlement funds. It was at this time that XXXX XXXX instructed me to send a copy of my Divorce Decree and a copy of the settlement check to their office in XXXX XXXX, IA. I did exactly that the same day, sending a letter describing my circumstances of what took place during this time period along with a copy of my XXXX XXXX of XXXX and settlement check. Please see attached letter to Wells Fargo XXXX Department dated XX/XX/XXXX. 
Not long after I received the first of many letters from Wells Fargo stating they had received my complaint and would initially provide a response by XX/XX/XXXX. After numerous telephone calls, all of which I recorded, I finally spoke with XXXX who was assigned to my case from the XXXX Department XXXX Wells Fargo. During this conversation with XXXX, I informed her of what transpired in this mortgage process and that Wells Fargo was well aware of a pending matrimonial action at that time and that I had continually contacted Wells Fargo and was told I needed authorization to communicate for which I had my attorneys do. During this telephone conversation XXXX had asked me what the new mortgage loan number was with XXXX XXXX  which I proceeded to give her. After this conversation ended I thought to myself that she would not be able to verify my name on the mortgage as it was in my brothers name and my name was on the deed. I did not have an opportunity to further discuss with XXXX all the additional steps I had made to secure the premises. After not hearing from XXXX for a week, I proceeded to call her again and was told constantly she was not in her office or out of the office. Finally, after calling yet again, I was told by a XXXX, XXXX XXXX, that XXXX was in a meeting and I spoke to the supervisor about my circumstances. XXXX then called me back and proceeded to indeed tell me that she could not verify my name on the mortgage loan number from XXXX that I provided her with. It was then that I informed her of all the additional steps I had to go through to obtain this mortgage which included gifting my brother with the {$120000.00} for all the arrears and fees incurred to reinstate the loan. I also told her that she could simply go to the assessors roll for the XXXX of XXXX and put in my address and she would see that I was on the mortgage deed verifying this information. Again she asked for the loan number from Freedom and my brothers name to which I provided her, XXXX XXXX XXXX, XXXX See attached Town XXXX XXXX XXXX XXXX for the subject premises. 
At this time I received from Wells Fargo XXXX Department XXXX ( XXXX ) more letters with all different case numbers assigned stating in each letter that they needed additional time to process the complaint and pushing off the response time to now XX/XX/XXXX. See attached correspondence from Wells Fargo dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. I then proceeded to call XXXX again to inquire as to the status and why all the changing dates and she informed me that the information I provided had to go to another business department for authorization. All these telephone calls I had recorded. 
Then on XX/XX/XXXX I received another phone call from XXXX XXXX informing me that Wells Fargo did not have a record of a refinance to which I explained that they would not find that and that the circumstances involved would not reveal a refinance in this case. XXXX XXXX then proceeded to tell me that they could not speak with me as a third-party and would now need the authorization of an attorney. I then informed XXXX XXXX that I had indeed obtained that authorization which was sent to Wells Fargo in XXXX that allowed myself as well as my attorney to communicate with them. XXXX XXXX was not hearing anything I had to offer. He proceeded to tell me that was his purpose to inform me of this and that I would be receiving a letter in the mail to confirm same. I then proceeded to ask XXXX XXXX of the legalities involved in my matter and that it was more complicated and I was told by XXXX that this case was being forwarded to another department for further review and authorization as this department could only make the settlement check change. I then asked XXXX XXXX at this time which department he was calling me from and initially he would not respond. I further pressed XXXX XXXX about speaking to him about the legal issues involved and that this matter should indeed be handled by an appropriate Wells Fargo department trained in legal matters. XXXX XXXX begrudgingly responded that he was calling from the XXXX Department, the same department of XXXX or XXXX XXXX I was getting nowhere in the phone conversation and it became very clear that Wells Fargo was taking the position that they were not going to change the payable settlement check to myself. 
After speaking twice with the Consumer Financial Protection Bureau about my complaint with Wells Fargo, it has become clear that my only avenues now of recourse in the matter would be to officially file this complaint with the CFPB thereby placing this complaint on the Federal Trade Commission XXXX and to also seek advice from an attorney for which I have a consultation next Tuesday. I can assure you, that because the overwhelming stress this process with Wells Fargo has caused me and there continued reluctance and failure to correct this situation based on all the factual and verified information I have provided them, I will have no other recourse but to start another lawsuit against the company for damages that have resulted from their behavior. I have heard so many terrible things about this company, Wells Fargo, and because of the level of distrust I have in them, would never ever have considered refinancing my home with them given the opportunity. 
It is only by the grace of XXXX that I was able to accomplish what I did by saving my home from these vultures with the help, of course, of very caring and capable individuals assisting me along the way. 
In the above referenced lawsuit and ensuing Consent Order under Mortgage Servicing Acts and Practices, page XXXX, paragraph XXXX, the Order states, Respondents mortgage servicing operations experienced other errors that resulted in Respondent assessing borrowers unwarranted charges and fees in various situations, including when certain consumers paid off a mortgage that had been subject to a foreclosure judgment. This language does in fact correspond to the letter sent from Wells Fargo dated XX/XX/XXXX to the attention of XXXX XXXX wherein they enclosed a check for {$41000.00} and admit and apologize for an error in the calculation of the loan payoff amount. Yet, based on all the information I have provided in this complaint and also to Wells Fargo XXXX, it is also clear and apparent that it was I who incurred that error made by Wells Fargo when I had to pay off all those excessive charges and fees in order to XXXX ( XXXX ) stop the foreclosure action and, XXXX ( XXXX ) to close on my home. 
As mentioned in my conversations with CFPB I anticipate a hearing a response from Wells Fargo within the next fifteen ( XXXX ) days of receipt of this complaint. 
As discussed, please find my email information below as I XXXX receive updates pertaining to this complaint. 
Thank you for help and assistance in this regard. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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