Consumer complaint received 2019-05-11
Company: WELLS FARGO & COMPANY
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My husband & I filed a Chapter XXXX Bankruptcy in XX/XX/XXXX. In XXXX, XXXX our bankruptcy plan was confirmed. Part of this bankruptcy was a mortgage with Wells Fargo for a property that we own at XXXX XXXX XXXX, XXXX XXXX XXXX. Once our plan was confirmed, we were to make payments based on {$280000.00} and calculate our payments at 5 % over the remaining term of the loan which would end XX/XX/XXXX. Also, we were told by our attorney that the bankruptcy laws in XXXX state that the adequate protection payments paid between our bankruptcy filing ( XX/XX/XXXX ) and our confirmation of the plan ( XX/XX/XXXX ) should come off of that {$280000.00}. We paid a total of {$39000.00} in adequate protection payments. That would mean that we would have been at a balance of about {$240000.00} in XXXX of XXXX. I now have looked at the Amortization of that loan and according to the amortization schedule done at 5 % over the remaining term of the note, if all payments had been made correctly, the principal balance would be about {$190000.00}. However, for many years, Wells Fargo refused to fix the Mortgage Statements. I have continuous records of trying to get the accounting fixed. In about XX/XX/XXXX, I stopped making payments which was by the advise of my attorney in an attempt to get Wells Fargo to fix the accounting on the mortgage. After months in the bankruptcy of not paying, the bankruptcy courts allowed Wells Fargo to remove the mortgage from the Bankruptcy by Relief of Stay. 

Now our property at XXXX XXXX XXXX, in XXXX XXXX, XXXX is due to be in a foreclosure sale on XX/XX/XXXX. We've still been attempting to get the accounting records fixed, but have been unable to do so. 

We then hired an attorney in XXXX to try to help us with the Notice of Default and Foreclosure Process in XXXX. This attorney has tried to be helpful, but does not seem to be knowledgeable of our rights that were denied through the bankruptcy. 

We've continued to attempt to negotiate with Wells Fargo, and were all set on paying the reinstatement amount of approximately {$120000.00}, but their accounting is totally incorrect and now they've added even more on to the principal balance. 

I believe that I have enough information to show that they are not going by the Bankruptcy Plan and that we would have a case against them. 
However, Wells Fargo keeps changing their figures and will not give me a solid answer on where we would stand if we paid the reinstatement amount. As of the mortgage statement attached dated XX/XX/XXXX, the principal balance shown was {$270000.00}. Then, just on XX/XX/XXXX, they changed the outstanding principal balance to {$300000.00} ( see attached ). None of this makes sense. 

I do not want to lose this house. I want to pay what is fair. Can you look this all over and if I am correct on my information. We are willing to pay the reinstatement and the only reason why we did not pay is because Wells Fargo would not correct the accounting to reflect the Bankruptcy Plan. Please help and this must be done fast to stop the foreclosure. 
Thank you, XXXX XXXX XXXX ( XXXX XXXX XXXX

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