Consumer complaint received 2017-01-21
Company: WELLS FARGO & COMPANY
State: NV
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
We have a mortgage with Wells Fargo. It is 11 years old and started as an interest only jumbo loan. After 10 years ( last XXXX XXXX ), the loan adjusted to a fully amortized loan with 20years left. We began, in XXXX, to work toward modification. We hired an attorney who supposedly had got these done for others and promised us a quick resolution. At that point, Wells Fargo stopped sending us our mortgage statements and refused to even acknowledge that we had a mortgage with them, issuing a 'gag order ' on us because we hired an attorney. We received ZERO correspondence in any form from Wells Fargo from about mid XXXX till XXXX of XXXX. During that time, about XXXX of XXXX, our loan graduated but we were not informed by Wells Fargo. I made the usual payment, which I had done without fail and on time for the entire tenure of our loan ( no late pays on ANYTHING on our credit report ever over 25 years ). Suddenly, I got a notice from WF stating that we were over 30 days late and that the regular payment I always sent in was not going to be applied to the new payment amount. I checked our bank account and the payment had in fact been deducted before the due date of the payment yet WF stated they would not apply that amount to the payment due because " it was n't the full amount of the new payment. We did not know there was a new payment amount because we were under their gag order. 
I called WF as soon as I learned of the deficit, which was already 30 days past the due date. They still would not talk to me!!! I spent literally 3 hours on the phone that day repeating over and over again that I wanted to make the payment difference and that they had to accept my money on the payment, only to keep hearing back that they could not talk to me!!! It is still distressing to remember this day. I spoke to several people that day, and finally I got a supervisor who asked me if I would fire the attorney by telling her that on the phone, that normally they need that in writing but she would accept a verbal and then she would be able to discuss our mortgage. I responded with a resounding YES and then was able to make the difference in the payment. 
After all that, I then learned that we had a 30 day late reported on our credit report. We had a XXXX XXXX which plummeted to below XXXX overnight. I had begun to try to work with WF on the modification and they quickly told us that we did not qualify for what would be a substantially lower mortgage payment than what we had perfectly paid for 10 years! We began to seek out a new lender. The late pay on the mortgage is now causing us qualification problems in a big way because our XXXX has only recovered to about XXXX or XXXX. In the mean time, we are paying on a jumbo mortgage payment that is at 5.875 %, well above current rates, which are now rising!!!! We are in the middle of the most STRESSFUL time of our lives with this. The reporting of this 30 day late is unacceptable to us. I have repeatedly tried to talk to WF and they have twice now 'researched ' the issue and come back at us with no, they will not remove the late pay. They base this on the claim that they SENT US A LETTER INFORMING US OF THE INCREASED PAYMENT IN XXXX OF XXXX, at which time we were under a gag order from them. We never received that letter or any other letter or correspondence from them until XXXX. 
We just need that late removed from our credit report so we can get refinanced!!! Please help.

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