Consumer complaint received 2018-05-31
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am in chapter XXXX bankruptcy. In XX/XX/XXXX Wells Fargo requested a removal of the stay provided by bankruptcy protection, it was granted and foreclosure proceedings began. I filed a complaint with cfpb, an audit was done on my account. In XX/XX/XXXX my attorney XXXX XXXX XXXX in XXXX, went to court and requested the stay be reinstated, the request was granted, no one from Wells Fargo showed up. XX/XX/XXXX the judge signed the order, I notified wells fargo the stay was reimposed but they continued foreclosure activity. 
My attorney and wells fargo 's attorney performed an audit of my account and determined I had an escrow shortage of approximately 7,000. My lawyer was able to add that debt to my current bankruptcy case without extending my plan or increasing my monthly trustee payments. Once this issue was resolved the final order was entered by the judge. 

I turned over to my attorney mortgage payments for XX/XX/XXXX-XX/XX/XXXX-XX/XX/XXXX XX/XX/XXXX totaling approximately XXXX. 
I began making payments to Wells Fargo in XX/XX/XXXX, the first payment was return. 
XX/XX/XXXX the final order was signed by the judge. 
I sent payments each month XX/XX/XXXX-XX/XX/XXXX. I noticed my payments were going to unapplied funds. I began calling every week in XX/XX/XXXX to find out why my payments were not being posted to my account. I was finally told wells fargo was performing and audit on account. I informed them an audit has just been performed as a result of a complaint with cfpb in XX/XX/XXXX why would they need to perform another one, they said they needed to. 
Finally after weekly phone calls from XX/XX/XXXX -XX/XX/XXXX I was told the audit was complete and I actually had enough funds in my account to bring my account current to XX/XX/XXXX. That the audit was now at the cash department and the payments should be applied to my account in 3-4 business days. 
After no payments were applied, I called back 10 business days later, I was told it was still being worked on and they would contact the person in the cash department for an update. 
By XX/XX/XXXX no payments had been applied and I had XXXX sitting in unapplied funds, I called back again as I have been doing every week since XX/XX/XXXX that person said they would put in a work order to have payments posted to my account and the work order should be completed in 3-4 business days. I told her that's what I was told XX/XX/XXXX it is now 10 business days later. 
I followed up on that work order and was then told that their records showed I'm past due on my payments I asked how that was possible when I have XXXX of payments sitting their due to your own internal audit and I was just told I had enough funds to bring me current to XX/XX/XXXX, I asked for a supervisor I was transferred to XXXX XXXX. 
I asked her why 30 days letter no payments have been applied and I'm now being told that I'm behind a payment and they can start foreclosure. She attempted to contact the cash dept, the person working on my file was not available. This person is never available, she assured me that she would call me back the next day XX/XX/XXXX at a set time, of course she never did. She also tried to tell me they can only apply one payment every 24hrs so that's the delay, I told her it's been 15 days days since I was told they'd start posting payments so that's no excuse. 
A few days later payments were applied to my account, then those payments were reversed. 

Nothing regarding this audit has been communicated in writing to me nor my attorney. This is all verbal information I've obtained from 16 weeks of calling for updates. 

As of XX/XX/XXXX I was told they have no idea why payments were reversed As of XX/XX/XXXX I'm told  they must obtain court approval to apply payments. 

Yet they've not contacted my attorney, given me any explanation of this alleged 2nd audit, what the findings were and why they now need court approval to apply payments to my account. 

Wells Fargo Is giving me the run around, have not kept my attorneys informed, have given me nor my attorney anything in writing regarding why they are holding my payments in unapplied funds even though I'm submitted enough funds for an entire payment. 

This not fair, This issue was resolved by the court in XX/XX/XXXX it is now XX/XX/XXXX and my account is still screwed up with no end in site.

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