Consumer complaint received 2022-08-22
Company: WELLS FARGO & COMPANY
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Wells Fargo Bank ( Wells ) committed Bank Fraud against me, ( Hijacking my mortgage servicing account ) by XXXX  signing the Assignment of Deed of Trust on XX/XX/XXXX, and illegally having the document recorded at the XXXX County Register of Deeds Office to get around the requirement of having to provide proof to the court under UCC9, as co-conspirator in XXXX XXXX XXXX XXXX XXXX XXXX  ) did not have the ability under the State of Nebraska to use the court system as the were in violation of NE Statute 21-20,168 and has never been approved by the NE Secretary of State for certificate of authority. So Wells and XXXX  used the XXXX XXXX XXXX XXXX in XXXX and XXXX to create documents that were fraudulent and stated that Wells had paid value for the mortgage loan from XXXX XXXX XXXX  ( XXXX ) or its successors and assigns, which the successor in this matter was XXXX  XXXX XXXX  who purchased the mortgage loan on XX/XX/XXXX which the endorsement on the Mortgage Note reflects and on XX/XX/XXXX when XXXX submitted and had accepted the Dept of VA loan pooled in XXXX 's XXXX XXXX ( XXXX ) XXXX and the UCC3 blank endorsement were preformed and HUD 11711A Release of Security Interest and transferred to XXXX which stops XXXX from selling the mortgage loan, making the mortgage loan unsellable due to the fact that XXXX could not and did not purchase the mortgage loan debt. Wells did purchase the servicing rights from XXXX on XX/XX/XXXX of XXXX XXXX Fed Gov Backed mortgage loan which they start servicing in intervals, as the started servicing my loan on XX/XX/XXXX. On XX/XX/XXXX XXXX was seized by the OTS and declared a " failed bank '' by the FDIC who sold XXXX 's bank operations, locations, bank equipment and some portfolio loans to XXXX Bank but did not include the XXXX pooled loans as the Mortgage Notes were owned by XXXX through the UCC3 procedure but not the owner of the mortgage loan debt which they did not purchase. XXXX stopped existing and so did my loan with them as they could not complete the terms of the mortgage loan, with would end the servicing of the loan because there was not an existing owner of the debt. However Wells continued to accept payments as myself and the other XXXX XXXX did not realize that our mortgage loans could have not been purchased by any other entity on earth because XXXX could not sell the mortgage debt as they did not own the Mortgage loan that the XXXX XXXX designed protections for the mortgage loan to not be release back to the debt owner until it satisfied the debt owed to the investors that invested into the XXXX XXXX. This debt by XXXX that owed to the investors is created after the mortgage loans are pooled which the borrower is not a signed obligator on that loan. So on XX/XX/XXXX while the mortgage loan is not in default as XXXX not alive and could not call the loan due, and in my situation the Deed of Trust ( DOT ) recorded by XXXX was done on XX/XX/XXXX when in fact they had already sold the mortgage loan to XXXX who was required to have transfer title over to XXXX using the XXXX Transfer Beneficial Rights XXXX  XXXX only after the DOT is recorded to start the MERS tracking, however, the DOT has never been recorded at the local register office in XXXX NE. The MERS Milestone report show that XXXX enter the information into MERS on XX/XX/XXXX with noting the transfer took place on XX/XX/XXXX the day the mortgage loan was accepted into the XXXX pooling by XXXX. On XX/XX/XXXX when XXXX delivered and had recorded the DOT was when in fact they did not own the mortgage debt that they sold 22 days before and had no right to place a lien against the property because they been paid in full. So XXXX not breaking the law did not have an Assignment of DOT recorded while owning the mortgage debt up until XX/XX/XXXX. Wells who stand to pocket over {$430000.00} without having to pay anyone, but does take on as co-conspirator in XXXX who looks to get {$210000.00} out the crime agrees to look the other way to the illegal foreclosure on a XXXX pooled loan that the investor loan is to be repaid before the mortgage loan can be released from the pooling, which in this case the property is foreclosed defrauding me and the Dept of VA. XXXX who without the property being foreclosed has no way of receiving monies because XXXX does not exist, so in concert with XXXX they allow this illegal non-judicial foreclosure to take place when either XXXX or Wells has paid value for the mortgage loan, and not being the originator of the mortgage loan that used the UCC3 procedure to transfer ownership of the Mortgage Note need to simply some the court proof of purchasing the mortgage loan debt. However, the problem is the other co-conspirator in MERS can not use the State of NE court system as they don't have certificate authority and the fact that neither Wells or XXXX purchased the debt. Wells who purchased the servicing rights form XXXX does not mention this or the fact that they would have need to have the Assignment of DOT come from the successor of the XXXX that would be the assignor as there was only one sale of the mortgage loan and that was on XX/XX/XXXX from XXXX to XXXX. Even XXXX before they were declared a " failed bank '' would be required to go through the UCC9 court procedure as the transferred the Mortgage Note with the UCC3 procedure and there is a blank endorse on page 3 of the Mortgage Note, so someone that in possession of the could have paid value for the Mortgage loan and could be the owner of the debt if XXXX did not do thing correctly in placing the mortgage loan into the pooling. XXXX that was the failing bank and in need of monies for years, and could have wanted to double sale the mortgage loan or take out an additional loan therefore the reason of the UCC9 proof of ownership. Now Wells admits that they were foreclosing for some investor entity to me days before the foreclosure and not foreclosing as Wells the owner of the debt which is what the Assignment of DOT said, and 2yrs latter in its letter to me that investor owner was XXXX but XXXX can not present proof of owning the mortgage loan debt because US Congress does not authorize XXXX to buy or sell a mortgage loan. XXXX wants and is paid monies after the foreclosure is done and the real estate matter with a Dept of VA stops as the VA has gotten together with the alleged debt owner and negotiated and amount it would purchase the property for and payout of the VA Guaranty Fund insurance claim to settle real estate matter that come with a non-recourse claim of any amount above the agree upon amount between the VA and the party that owns the mortgage loan debt. Wells hijacks the mortgage servicing account to launder monies to XXXX who agrees with Wells that the investor loan ( not mortgage loan ) is paid on XX/XX/XXXX from monies received from the hijacked mortgage service account that show over {$430000.00} being received but not applied to the balance. As I owe Wells nothing and over a decade and no receipt of purchasing anything all monies received should be my monies as the {$200000.00} was not payable to anyone, and the amount paid to XXXX for XXXX 's debt to the investors is not my debt. Wells has an account that still open because there still should be over {$430000.00} in the account. Wells has not authorities to keep the monies derived by illegal activities. Wells gains access to a matter that should have closed on XX/XX/XXXX when XXXX ended, but this was not a matter where a fraudulent Assignment of DOT gives Wells the right to put itself on the lien acting as the owner of a mortgage loan they never originated or purchase! Wells as when creating false account back in XXXX and paying a {$3.00} XXXX fine and the XXXX signing in XXXX paying a {$5.00} XXXX fine and XXXX victims in XXXX, XXXX and 11 other cites are XXXX  against just as Wells is being suit now by XXXX victims where the bank denies over half the XXXX customers applying for mortgage loan and the recent class action in XX/XX/XXXX when Wells violated TARP agreement of not granting victims a HAMPs while having bankruptcy protect. Wells also violated TARP when foreclosing on me when in fact I was not delinquent on my mortgage account as there was not request by a decease XXXX who stopped being able to act under the mortgage loan contract. Wells as with the bankruptcy victims that were foreclosed just as I was protected under TARP and should have receive that payout amount instead of just {$6000.00} but as the bankruptcy court did not catch the violation starting back in XXXX, my harm also was not caught. I am not stopping in this matter not matter how many time Wells lies about the issue.

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