Consumer complaint received 2016-01-11
Company: WELLS FARGO & COMPANY
State: WI
Product: Mortgage
Sub-product: VA mortgage
Issue: Application, originator, mortgage broker

Complaint:
My husband and I were going through a divorce and he applied for and was granted a mortgage as a single, " unmarried '' person for a home purchase using our joint income taxes and our joint petition for divorce. All of our joint debt, including our family home first and second mortgage, more than {$260000.00}, was attributed to me alone on the loan application, listed " paid by ex-spouse '' to clear his debt to income ratio. The Joint petition for divorce was never signed by a judge, in fact, origination documents show the borrower was applying for mortgages as a single person less than three weeks after I filed the joint petition for divorce. The loan originator for the mortgage brokerage accepted and submitted the joint petition for divorce to the underwriters at XXXX XXXX where it was also accepted as the document to verify the borrower was divorced. That joint petition for divorce had a proposed marital settlement agreement contained within that assigned the borrower $ 400 monthly to me for child support. The borrower, my at the time husband, now ex-husband, could not afford the monthly loan payment according to the underwriter 's guidelines. The borrower was given a sheet of paper labeled, " child care expense form '' which asked if there was an ongoing child care expense. There were XXXX lines to choose from. The first line stated there was on ongoing child care expense and it was blank. The second line was checked by the borrower and it indicated there was not an ongoing child care expense. Then it asked for the reason there was not an ongoing child care expense and gave an example of, " you work seperate shifts ''. The borrower, my husband, now my ex wrote, " we work separate shifts '', signed it dated it, and the underwriter accepted the document to clear the {$400.00} child supprt debt from the debt calculation with a blank signature line for the " child care provider '', that would be me. The IRS FORM XXXX has my name and social security number on it but not my signature. The form says only XXXX spouse need sign however, the entire rest of the loan package has me listed as the " ex-Spouse '' which would make the use of this form illegal without my signature. I have a recorded divorce decree now as of XXXX XXXX, XXXX and this loan was originated XXXX/XXXX/XXXX. I am a veteran and this was also a VA loan in which the borrower listed me as the nearest relative not living with him as an " ex-spouse '' and the mailing address was incorrectly reflecting an address XXXX number streets off from being accurate although the address was accurate on the joint taxes, XXXX and the joint petition for divorce that was used as a divorce decree. I feel betrayed, being a veteran myself. I have since filed suit in XXXX Wisconsin against XXXX XXXX Bank, XXXX XXXX, XXXX Mortgage ( Brokerage ) and Wells Fargo Bank , NA who purchased the loan on the secondary market from XXXX XXXX. Wells Fargo Bank NA has also added me to their foreclosure proceedings. This loan package has me both as the borrower 's wife and ex-wife where convenient to the approval. I am defending against the foreclosure proceedings and the enforcement of this lien due to the fraudulent and collusive behavior of all licensees and parties to this transaction. I am appalled at the blatant disregard for the laws both federal and state on the part of the borrower and more so, the lenders and licensees in this transaction and for the disregard for the affect their behavior can, and has had on hardworking families and spouses such as myself. All disclosures required by ECOA, CPA, RESPA, TILA, VA, HUD were not met as the consumer in a married status is identified by us code as a " collective '' not an individual and I did not sign even XXXX document concerning this loan.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation