Consumer complaint received 2016-04-18
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I have a mortgage loan held by XXXX XXXX, and the servicer is Wells Fargo, America 's Servicing Company. I am a XXXX XXXX XXXX veteran and a XXXX XXXX. At one point, my home was paid in full, but I was stricken with XXXX, could n't work, and took out another loan on my house. I am a long-time Wells Fargo customer, but when I went to Wells Fargo for the loan, they referred me to a subprime lender, who gave me an adjustable rate mortgage. At first, I could make the low payment, which was a little over {$1000.00} per month, but the payments skyrocketed to over {$4000.00} per month, which I could n't afford. I got behind on the payments, but I have been trying diligently to get a loan modification from Wells Fargo, which they keep denying. In XXXX, I applied for a loan modification through XXXX Housing Counseling Agency, authorized by the federal government to help homeowners in distress. XXXX determined that I qualified for a loan modification and submitted a proposal to Wells Fargo on my behalf. Suprisingly, Wells Fargo denied the proposal without sufficient explanation, so XXXX advised me to contact my congress persons about it. Right now, I am still fighting for my loan modification, this time, through XXXX Housing Counseling Agency. However, certain personnel at Wells Fargo 's America 's Servicing Company are deliberately complicating the problem by violating California law. Under California 's Homeowner 's Bill of Rights, lenders and servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. In violation of this law, Wells Fargo is dual tracking my loan into the foreclosure process while I am trying to secure a loan modification. I have written to XXXX XXXX, Chairman of the Board and President of XXXX XXXX, XXXX XXXX, EVP/Chief Compliance Officer of XXXX XXXX, and XXXX XXXX, Senior Vice President of Wells Fargo Home Lending America 's Servicing Company, about this, but XXXX and Wells Fargo continues to violate the law. Second, within the past year, with the help of relatives, I paid approximately {$28000.00} toward the principal of my loan, but it has not been applied. I have disputed the debt that the lender and servicer claim that I owe, but so far, all I have gotten from Wells Fargo are form letters stating that they are researching the matter. All the while, Wells Fargo continues to foreclose on my home. Under California law, I have a right to copies of any assignments of my mortgage or Deed of Trust to demonstrate XXXX 's right to foreclose on my home under California law. I have repeatedly requested the copies of the assignments, but XXXX and Wells Fargo refuse to give them to me. In XXXX, XXXX, I received a Notice of Default and Election to Sell from XXXX XXXX XXXX XXXX of XXXX XXXX. When I called them to inquire why this was happening because I was in the process of applying for a loan modification, I was told I had to get authorization from the servicer before they will release information to me. I have been receiving letters from brokers stating that my home is up for sale in early XXXX, XXXX. I have written to Wells Fargo asking about why they are proceeding with foreclosure, and they claim that they had no copy of my authorization allowing NID to represent me in foreclosure mitigation, so I sent them a copy of the authorization. Wells Fargo is still proceeding with foreclosure.

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