Consumer complaint received 2015-06-16
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
From responses to XXXX RESPA QWRs in the past two years XXXX XXXX XXXX ( XXXX ), the servicer of my loan, writes that XXXX XXXX XXXX XXXX ( XXXX ) is the owner of the Note ( Security Instrument ) and the custodian that holds my loan documents is XXXX. However, as of XXXX XXXX, XXXX, the only assignment to the Security Deed at my County Clerk 's Office is from Wachovia to Wells Fargo Home Mortgage in XX/XX/XXXX. My complaint is that I have been unable to find the name of the Trust in which the Note is located, I do n't know who the real Note holder is, I do n't know who the real Security Deed holder is, and I am concerned that the assignment on file in my County Clerk 's Office is fraudulent. Please provide the following information. 
1. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates. ( Note : If the note number is being traded in a XXXX Trust or XXXX XXXX Trust, please provide all information to identify the Trust ( i.e. XXXX Pool Number, XXXX Number, XXXX or XXXX Trust Number and XXXX/XXXX ). When I type my address into the KnowYourOptions website, it is printed that it appears that XXXX Owns my loan and the mortgage company is XXXX XXXX XXXX. I know that that is not a Trust name. 
2. Full name, address, and telephone number of the Custodian of my original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act. 
3. Full name, address, and telephone number of the Custodian of my original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act. 
4. The physical location ( address ) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents. 
5. Proof that the Assignment on file in the County Clerk 's Office is not fraudulent and verification that the XXXX Vice Presidents who signed the Assignment were employees of Wachovia Mortgage on that date. A copy of this Assignment is attached. The Assignment on file in The County Clerk 's Office in our county was dated by XXXX from XXXX XXXX, Florida in XX/XX/XXXX on the same day as our Meeting with Creditors in Federal Bankruptcy Court. However, XXXX did not file it until two months later in XX/XX/XXXX. I have read in research that XX/XX/XXXX and XX/XX/XXXX was a time period of fraud, robo-signing, and forged documents in the mortgage and foreclosure business practices. I want to make sure that this Assignment is authentic! 
Please answer the following questions : a. If XXXX owns the Note, what was the date that the company took ownership? 
b. If XXXX owns the Note, why is there no assignment on file in my County Clerk 's Office for the date of change of ownership of the Security Deed? 
c. Has the Promissory Note been separated from the Security Deed? 
d. Did Wells Fargo give XXXX Power of Attorney to service my loan, including carrying out foreclosure? 
e. Does Wells Fargo own the Note? 
f. Please note that I am not asking about the assignment dated XXXX/XXXX/XXXX of servicing rights from Wells Fargo to XXXX attached in my supporting documents. What concerns me is that transfer was not accompanied by a new Assignment of the Security Deed from Wells Fargo to XXXX, XXXX, or to XXXX Trust. Where are those Assignments? 
g. Has the Original Promissory Note been lost? I have read in research about reckless mishandling and lost foundational loan documents in the merger from Wachovia to Wells Fargo in XX/XX/XXXX

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation