Consumer complaint received 2016-10-06
Company: WELLS FARGO & COMPANY
State: OR
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
To whom this may concern. My name is XXXX XXXX. I live in XXXX, OR with my XXXX children, XXXX & XXXX. I am terrified that I may lose my house to foreclosure by Wells Fargo. The sale date has been scheduled for XX/XX/XXXX. 

This whole nightmare began in XX/XX/XXXX when my mother was diagnosed with stage XXXX. I changed jobs for less money & less hours so I could be closer to her to help care for her. When I fell 1 month behind on my mortgage payment, I contacted Wells Fargo and told them of my hardship. They said at that time that I could apply for a hardship program based on my situation. I began the process of filling out and submitting documentation. They also told me that no payments would be required during the evaluation and approval process. 

What should have taken a month or two has somehow turned into 2 years. I have done everything they asked me to do. I have submitted and resubmitted the same requested documents over & over, no less than 10 times. 1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' 1024.41 ( b ) ( 2 ) ( B ) " Notify the borrower in writing within 5 days after receiving the loss mitigation application that the servicer acknowledges receipt of the loss mitigation application and that the servicer has determined that the loss mitigation application is either complete or incomplete. '' Each time I would call Wells Fargo to check on the progress of my modification review, I would get different and conflicting information depending on who I talked to on any given day. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' During all this time, Wells Fargo has assigned me XXXX different case mgrs. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ''. Why was n't I assigned a single point of contact to assist me in saving my home? 

Through all the frustration I finally hired a company in XXXX XXXX, Ca. ; XXXX XXXX XXXX. I was paying them $ XXXX./ mo. and now it is turning out they did next to nothing for me. Had they been doing what they said they would do, I would have my modification and not have a sale date on our home. I am in the process of attempting a refund from them. 

How is it that I have an auction date on our home? I thought they were still reviewing me for a modification? 1024.41 ( g ) Dual Tracking is prohibited. " Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure. 

1024.39 Early intervention requirements for certain borrowers - I do n't feel that Wells Fargo has ever provided me with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. 
It appears, without a doubt, Wells Fargo has violated numerous servicing laws set up to protect mortgagers under the Wall St. Reform & Consumer Protection Act. 

Please, we need someone to intervene and help us get the sale date of XX/XX/XXXX postponed. I just sent in a new, complete, RMA Package that shows Wells Fargo that I can afford the payments if they would only modify the loan to get us back on track. This is all I ever wanted to begin with. 

PLEASE HELP!!! 
XXXX XXXX & Family

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