Consumer complaint received 2019-10-16
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Wells Fargo violates cfpbs dual tracking laws by initiating foreclosure prematurely. 
1 ) I was only 45 days late when referred to attorney to begin foreclosure.

2 ) during those 45 days I was put on disaster relief for 60 days.

3 ) immediately following the disaster relief, foreclosure was initiated without proper loss mitigation procedure as cfpb states it should be.

4 ) after disaster relief I was put in forebarance for 6 months with reduced payments. The 2nd payment was accepted by Wells Fargo held in a separate account to be returned, because they would only accept full payment due, because foreclosure had been initiated.

5 ) I worked with 6 different loss mitigation reps up until the lis XXXX was filed and for a year after. I asked repeatedly to pay to reinstate mortgage because my mom offered to help. I was ignored.

6 ) I was told repeatedly to send the same information over and over even though emails state they received all necessary documents.

7 ) cfpb prohibits a mortgage servicer from working on loss mitigation while simultaneously working to foreclose, much less initiating foreclosure when only 45 days late.

8 ) Wells Fargo assigned the mortgage in XXXX of 2019 to XXXX XXXX XXXX. 
9 ) Wells Fargo told me they had no interest in the property and could not communicate, however, 6 months later it was Wells Fargo who petitioned the court to reopen case and ultimately sell my home AND purchase at foreclosure sale. Wells Fargo claimed this did not happen and that XXXX XXXX is the owner. XXXX XXXX claims the property is XXXX. XXXX claims it had the right to foreclose per terms in a pooling and servicing agreement, yet they didnt sell it, Wells Fargo did. XXXX   now claims they have no interest and says that XXXX XXXXE owns the property. 

The cfpb has allowed Wells Fargo to get away with this foreclosure by not having proper procedure to enforce violations of servicing errors as it pertains to dual tracking and default guidelines. The 2 previous complaints to cfpb received answers from WELLS FARGO. Both of those responses not only had conflicting information, but they both clearly state exactly what Im claiming the problem was. They admit the time frames for disaster relief and admit they could not accept payments because foreclosure was inititiated. Well if foreclosure was initiated prematurely then it seems that Wells Fargo made a huge error in denying my payments thus causing the foreclosure. 

I have followed all of the correct procedures for filing complaints for said violations and the CFPB has done nothing more than require Wells Fargo respond, regardless of its a truthful or accurate response. The CFPB needs to enforce the laws it put into place to protect consumers like me, or shut down. If your process and procedures allow 1 person to be wrongfully foreclosed on, then it has failed. Enough is enough, stop these servicers ( claiming to be owners ) from making money off of innocent peoples inflicted misfortune.

Wells Fargo needs to be sanctioned for reopening the foreclosure without any interest in the property and for recording a fraudulent mortgage assignment. It states the security instrument was signed in front of a notary, but the security instrument was in the county clerks  possession when they claim to have signed this and assigned ownership of it. This is fraud by definition You can see the XXXX payment that was denied and additionally only 1 month if late fees on the foreclosure amounts due and owed. How do I have only 1 late month if I missed payments?

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