Consumer complaint received 2016-12-23
Company: WELLS FARGO & COMPANY
State: OK
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Wells Fargo has misappropriated {$22000.00} of my money and refuses to respond to me or give me any answers as to how or why they did this, nor will they apply this figure to my loan, instead holding it hostage. I have a VA loan and after entering into this loan changed insurance companies and began paying the insurance on my own. However, Wells Fargo would not recognize this and continued collecting this money and then holding it. Not long after they began taking our money my wife was involved in a serious car accident and became XXXX with massive medical bills. A year later I lost my job. We began struggling with our mortgage payment and applied for help. When I was offered a modification I wanted this issue addressed, but no one would even SPEAK to me about it so I did not accept the modification offer. Now I am being told that I have a " restrictive escrow account '' and that I need to talk to the property loss department about this. I have attempted to get to the bottom of this and made NO progress. If this problem was addressed I would not be facing foreclosure, because we would have had the problem worked out. I am now being fed a line of excuses as to why I ca n't get help. 

1. I submitted an updated package of financial information to Wells Fargo on XX/XX/XXXX and was told by the Wells Fargo agent on XX/XX/XXXX that I could not be reviewed because they had " reviewed my information in the past '' ( when I got approved ) and there had not been a sufficient change in circumstance. If the previous information resulted in an approval I am not sure why this review would result in the refusal to open or consider a review. I received a similar letter XX/XX/XXXX. 

2. I contacted Wells XX/XX/XXXX and was told that they refused to open a new review or consider any options, because I had received an offer XX/XX/XXXX and did not accept the offer or return the paperwork. Once again, I was trying to get clarification on the escrow account situation and the {$22000.00} that Wells Fargo had misappropriated and how that would relate to my modification. 

3. I called into to get clarification on my status and this information came from another Wells Fargo agent who stated that since I was more than 3 years behind that the VA will not allow a new review. This is not a guideline for the VA modification program, nor is it a guideline for HAMP. The agents at Wells tried to state that this was a new internal guideline, but when I asked for this policy to be stated in writing as an official reason for denial I received a letter with some mumbo jumbo about proprietary internal guidelines. The problem is that with a VA loan the servicer ca n't make these types of decisions. 

4. I was told XX/XX/XXXX after I had pointed out that the other reasons were not legitimate and that a new review should be opened that the " real reason '' they wo n't consider me or open a new review is because I have had XXXX HAMP decisions since 2014. I do n't believe this is a legitimate guideline, nor is it a reason to deny a review of my current financial circumstances, which have changed. 

I served in the XXXX for 4 years with XXXX, in addition to serving in XXXX for 20 years. I deserve a fair negotiation. I am being told that because I did not accept past modifications that were offered that I have no possibility of review for ANY help. I wanted help but I needed answers regarding the {$22000.00} that Wells took from me and needed that addressed in the modification. Why do their agents tell me there is a VA guideline that states a homeowner who is more than 3 years delinquent has no access to ANY type of relief programs? ( false ) And why does Wells state that since I had XXXX HAMP decisions in the past they could not open up any type of new review even if my financial circumstances have changed?

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