Consumer complaint received 2015-07-16
Company: WELLS FARGO & COMPANY
State: IL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I am a XXXX year old widow whose only residence went into foreclosure in XXXX. After submitting many applications for a loan modification, Wells Fargo continued to refuse to modify the loan, multiple times. In XXXX instance, they sent a letter dated XXXX stating that " we are unable to adjust the terms of your mortgage through the Home Affordable Modification Program because you do not live in the property as your primary residence. '' I NEVER lived in any other location since the condo was purchased XXXX. The 30 year mortgage at 7 5/8 % originally obtained in XXXX has NEVER been modified and remains at the same interest rate. After an extraordinary amount of work submitting applications, repeated requests for the same financial information, they just denied the each request from XXXX, Wells Fargo eventually realized and made issue of the fact that the Borrower was my mother who passed away in XXXX. However, the bank was notified of her passing and acknowledged this in writing in XXXX. Wells Fargo was also aware that in XXXX ( before becoming ill ) that I was legally added to the title as joint tenants with rights of survivorship through a real estate attorney. We then went to mediation in XXXX during which point Wells Fargo indicated that I qualified financially to assume the loan, but WOULD NOT PROVIDE ANY ASSURANCE OF A MODIFICATION UNTIL AFTER THE ASSUMPTION. They were informed of my willingness to simultaneously assume the loan with a modification, but they refused. Upon counsel 's advice and after hearing similar horror stories, I did not proceed. My pro bono counsel then withdrew because Wells Fargo provided no viable option to proceed .Not until XXXX, did Wells Fargo seek to modify the foreclosure complaint to appoint a Special Representative to represent my mother, the deceased borrower. They brought the motion pursuant to part of the statute that allows for the appointment of personal representative ONLY IF THEY THE DEATH WAS UNKNOWN TO THEM AT THE TIME THAT THEY BROUGT THE COMPLAINT. As I indicated, they knew of her death in XXXX and in fact, began to send statements to the " Estate '' of my mother. EVEN AFTER a ) revisions of Illinois Foreclosure Law, b ) revisions CFR Chapter X of RESPA and c ) revisions of the investor guidelines ( XXXX ) which specifically provided for the simultaneous assumption and modification of a loan, even to a non-borrower, Wells Fargo failed to comply with the law and RESPA regulations by continuing pursue a summary judgment while I waited for SIX WEEKS ( instead of the required 5 days ) to acknowledge receipt of the loss mitigation application and to notify whether the application was complete or not. I continued to comply with each and every request for information, but they just kept going with their harassing tactics requested more and more information and never providing denial or approval of the loss mitigation application, even though it was " facially complete. '' Wells Fargo obtained summary judgment on XXXX XXXX, XXXX after telling the judge that I never intended to assume the loan and misrepresented that Wells Fargo had denied my application that was submitted in XXXX. Despite my new attorneys having shown the court that they were not entitled to summary judgment because RESPA prohibit it, the judge granted the motion simply stating that the case had been pending for too long. A QWR - Notice of Error was sent to them and their attorneys on XXXX/XXXX/XXXX. To date, there has been no response despite the requirement that they acknowledge receipt within 5 days.The redemption period ends on XXXX/XXXX/XXXX. After nearly 4 years of diligently trying to obtain a modification, they just act in defiance of the law and I now am close to losing my home. This ca n't be a just result, nor what the State of Illinois or what CFPB had in mind when revising the laws and rules!

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