Consumer complaint received 2016-02-01
Company: WELLS FARGO & COMPANY
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Application, originator, mortgage broker

Complaint:
In XXXX, we closed on our home through XXXX XXXX. XXXX XXXX then sold the loan to Wells Fargo to service. Wells Fargo never handled the Assignment paperwork on their end and have tried to foreclose on us several times, but they have finally succeeded on XXXX XXXX, XXXX, and we dont know how they did it as they are NOT the legal servicer of our loan. After many attempts through the years of working something out with them, they always told us were not approved. They have not handled their due diligence on the paperwork from XX/XX/XXXX, and filed a civil suit on us in XX/XX/XXXX, trying to get us to leave the home. It has been a mess. There are many lender liability issues with our situation. A legal firm who specializes in these cases has informed us that we have a strong case, but we ca n't afford to pay them as our counsel. We have sent the following letter attached to our State 's Attorney General, as well as the FTC, HUD and others. 

We have lived this first hand as I mentioned above in regards to them thinking of us as the ignorant borrower who will eventually run scared and hide from their mortgage lender and thus leaving the home for the lender to scoop up. I can assure you, this is not us!! We will fight this until, win or lose, our voice is heard. If we can save others from this same nightmare, we will. We truly believe that our mortgage has several issues, one being the fact that Wells Fargo is not the legal servicer of the account, as they claim to be. Their lack of due diligence on their end back in XXXX voids their claim as servicer of this loan. 
In XX/XX/XXXX-XX/XX/XXXX, we request the opportunity of working a loan modification to assist in eliminating late payments and possible foreclosure. In XXXX, I had to contact our State Representative, XXXX XXXX, for assistance with dealing with Wells Fargo. ( Letter Attached ) 2. Through XX/XX/XXXX-XX/XX/XXXX, we are told that we do not qualify for a loan modification or assistance with any other program the Obama Administration has put out for struggling homeowners such as HARP, EHLP, among other modification programs that we applied for but were told that we failed to qualify. 

3. After doing more research in the financial banking collapse of XX/XX/XXXX-XX/XX/XXXX, with Wells Fargo among one of the banks that was hit with fines for failing to handle loans properly and forging signatures on assignments of liens on loans, I figured out that we were probably XXXX of those loans that they failed to handle the Assignment of Lien properly, so I began to ask them for their copy of the Assignment of Lien, which they never produced in three separate requests from me. What they did send me was the closing documents of the original loan, which have nothing to do with them. XXXX and I at that time, decided to visit the county clerk 's office to see who was the mortgage servicer on record and sure enough, Wells Fargo Home Mortgage is not listed anywhere on the deed, it is XXXX XXXX, the original servicer of the loan. In XXXX, XXXX, Wells Fargo finally admitted that they did not have the Assignment of Lien properly done and after they heard it from me several times, they sent me a copy of the affidavit of Lost or Missing Assignment that was sent to XXXX County and filed for record. This was done after I informed them that they were not the legal servicer of the note, they had no clue until I told them. 

4. After numerous efforts to ask for the Assignment of Lien from Wells Fargo, we were then faced with another Home Preservation Specialist with Wells Fargo, but this one was a lot more demanding in what he wanted us to sign and send back to him before the statute of limitations ended for Wells Fargo to try and foreclose on our home for the initial attempt of foreclosing in XXXX. XXXX XXXX was very demanding on what he wanted me to sign, which was the Extension of Lien.

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