Consumer complaint received 2017-02-27
Company: WELLS FARGO & COMPANY
State: IN
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
We tried twice to get a loan modification through Wells Fargo, who owns our now old mortgage servicer, America 's Servicing Company. At one point, we were told verbally that they did not own America 's Servicing Company although Wells Fargo listed them as a servicer for them. At NO TIME during our attempts to get a loan modification were we offered a forbearance, as I understand we should have been. On our third attempt, we were finally approved, and had a three month trial period for our loan modification. The three months consisted of XXXX XXXX, XXXX XXXX, and XXXX XXXX. We had made the payment for XXXX. I received a call from our Home Preservation Specialist, XXXX on XXXX XXXX, asking about the payment for XXXX. I informed her that I had tried making that payment over the phone AND online, but that neither service would let me. She then tried to get me to make the payment over the phone, but I told her it would have to wait until I got to work, as I was driving. She had previously stated that we had until the end of the month to pay XXXX 's payment. Later that night, I called and made XXXX 's payment, setting the date on it for the XXXX, so my paycheck would have time to hit my account before the payment did. On XXXX XXXX, XXXX, we received a letter in the mail, stated that our loan had been transferred from Wells Fargo ; it also referenced another " communication '' that we supposedly received. It stated that our loan had been approved for a Loss Mitigation Option. Not knowing anything about the transfer or anything in this letter, I called and talked to XXXX. She told me that they had sent out a good-bye letter on the XXXX of XXXX, with the details of the transfer. According to her, the loan modification should stay the same. 
The other homeowner had called on XXXX XXXX and spoke to XXXX and was told that the letter we had received on the XXXX WAS our notice, and that the new company was supposed to go by the terms of the loan modification. I called them back even though I was at work, because she had just been told something completely different. After a series of transfers, questions that some would n't answer, being hung up on once, I ended up on the phone with someone who I believe was named XXXX. Even though we never received the notice that they were claiming that they sent on XXXX XXXX, she claimed that their records are " enough notice '' per RESPA. She then proceeded to tell me that the payment I submitted on XXXX XXXX & got a confirmation number for had been cancelled, instead of sent to the new servicer. I was told by a gentleman at XXXX at that time that we had 60 days to make the payment, with no worries about late fees or anything. 
Upon speaking with XXXX at XXXX on XXXX XXXX, I was informed that our loan modification was denied because no payment had been made for XXXX ; even though I had made that payment to Wells Fargo and THEY were the ones to cancel it instead of forward it. I was then told that we could apply for a loan modification with 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 non-monetary relief