Consumer complaint received 2023-02-24
Company: WELLS FARGO & COMPANY
State: NV
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Subject : Abuse of Authority by Wells Fargo Dear Sirs, Madam, This is my third complaint to the Consumer Financial Protection Bureau ( CFPB ) against Wells Fargo for its abuse of authority. 

Below is the chain of events that Wells Fargo initiated and continues to this day by XXXX Bank and the current servicer XXXX XXXX XXXX, their agents and attorneys. Wells Fargo never had the standing to assign the alleged Deed of Trust as XXXX XXXX was the originator and failed as an institution. Wells Fargo then made it appear that they took over my account from XXXX who claimed to be a party in interest by servicing the alleged Loan. There was no assignment of the deed of trust from XXXX XXXX to XXXX and no assignment of the deed of trust from XXXX to Wells Fargo. Wells Fargo was never a holder in due course to assign my Deed of Trust to anyone. Since Wells Fargo started the change of events that ultimately led to a wrongful foreclosure and wrongful eviction, I am due damages for their illegal behavior. 


1. XX/XX/XXXX, XXXX Deed of Trust Initial line of Credit by XXXX XXXX for {$630000.00} payable and due by XX/XX/XXXX ( Maturity Date ). 

2. XX/XX/XXXX, XXXX Corporate Assignment of Deed of Trust. 

XXXX : WELLS FARGO BANK , N.A . XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX : XXXX XXXX XXXX XXXX XXXX, BY XXXX XXXX XXXX XXXX, AS LEGAL TITLE TRUSTEE XXXX 

WELLS FARGO did not have the legal authority to cause this document to be executed and recorded in XXXX XXXX records, as they were not the owners of the alleged debt. 

3. XX/XX/XXXX, XXXX Assignment of Deed of Trust ( 2nd Assignment ). 

XXXX : XXXX XXXX XXXX XXXX XXXX, BY XXXX XXXX XXXX XXXX XXXX AS LEGAL TITLE TRUSTEE TO XXXX : XXXXXXXX XXXX XXXX XXXX XXXX, AS TRUSTEE OF THE XXXX XXXX XXXX XXXX. 

XXXX XXXX did not have the legal authority to cause this document to be executed and recorded in the County records, as they were not the owners of the alleged debt. 

4. XX/XX/XXXX, XXXX Substitution of Trustee Original Trustee : XXXX XXXX XXXX XXXX XXXX CO XXXX 

New Trustee : XXXX XXXX XXXX XXXX XXXX  did not have the legal authority to cause this document to be executed and recorded in the County records, as they were not the owners of the alleged debt. In addition, the document was signed by XXXX XXXX, Vice President for XXXX XXXX XXXX XXXX XXXX, as TRUSTEE OF THE XXXX XXXX XXXX XXXX, By : XXXX XXXX XXXX, ITS ATTORNEY IN FACT. Research has shown that XXXX XXXX is not a VP for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. ( Forged Document ). 


5. XX/XX/XXXX, XXXX Notice of Breach and Default and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Deed of Trust XXXX 

This document was executed by XXXX XXXX XXXX without any legal authority as they were acting as a Trustee of a non-debt owner. XXXX XXXX was not the owner of the debt at any time. 

6. XX/XX/XXXX, XXXX Notice of Trustee Sale This document states that we owe {$490000.00}, which is a false number as it's been in constant dispute. The following two other Notices of Trustee Sale below, filed years after, are false as well. They contain the exact same alleged default amount as this document. 

7. XX/XX/XXXX, XXXX Notice of Rescission XXXX XXXX XXXX did the right thing and rescinded the Notices. However, they continued their false filing of false documents on my title under color of law. 

8. XX/XX/XXXX, XXXX Notice of Breach and Default and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Deed of Trust XXXX ( 2nd NOD ) Again, another false document as XXXX XXXX XXXX was acting as a trustee for a non-debt owner under XXXX of law. 

9. XX/XX/XXXX, XXXX Notice of Trustee Sale ( 2nd NTS ) This document states that we owe {$490000.00}, which is a false number as it's been in constant dispute. Also, how can it be the same amount as the XX/XX/XXXX, XXXX, after XXXX years? ( See above # XXXX ) 10. XX/XX/XXXX, XXXX Notice of Rescission XXXX XXXX XXXX did the right thing and rescinded the Notices. However, they continued their false filing of false documents on my title under XXXX of law. 

11. XX/XX/XXXX, XXXX Notice of Breach and Default and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Deed of Trust XXXX ( 3rd NOD ) This document was executed by XXXX XXXX XXXX without any legal authority as they were acting as a Trustee of a non-debt owner. XXXX BANK was not the owner of the debt at any time. 

12. XX/XX/XXXX, XXXX Notice of Trustee Sale ( 3rd NTS ) This document states that we owe {$490000.00}, which is a false number as it's been in constant dispute. Also, how can it be the same amount as the XX/XX/XXXX, XXXX, after XXXX years and the NTS filed on XX/XX/XXXX, XXXX years and 7 months later? ( See above # XXXX and # XXXX, same exact amount on the Notices as this document. ) Simply put, these numbers are made up as none match any monthly mortgage statement provided by WELLS FARGO, XXXX BANK or XXXX XXXX XXXX, that I have in my possession. 

13. XX/XX/XXXX, my home went to an illegal Trustee Sale and sold to XXXX XXXX for {$710000.00}. My home was /is worth over {>= $1,000,000}. XXXX XXXX STOLE ALL MY EQUITY IN MY HOME. ( Approximately {$500000.00} ) WELLS FARGO created this, and I am owed damages for their illegal falsifying of documents on my title. 

I filed a Bankruptcy Petition on XX/XX/XXXX, to stop the sale and I gave XXXX XXXX XXXX notice of the XXXX filing, but they just ignored my filing and went forward with the illegal sale. 

14 XX/XX/XXXX, XXXX Trustees Deed Upon Sale This is a false document. Here the alleged Trustee Sale was fraudulent, based on fraud, and thus it extinguished the Trustees Deed. However, the other documents transferring rights and making trustees are forged and were used to sell my property and eventually an illegal eviction of my wife and me. We are both XXXX XXXX, XXXX XXXX XXXX XXXX and my XXXX wife is XXXX. We are now homeless. 

I also requested a copy of the Promissory Note that we signed on XX/XX/XXXX, and there is only one endorsement on the signature page. I requested it on or about XX/XX/XXXX as I wanted to see how many transfers were done on the note. The endorsement States : WITHOUT RECOURSE PAY TO THE ORDER OF : WELLS FARGO BANK , N.A . SUCCESSER BY MERGER TO XXXX XXXX XXXX XXXX, FORMALLY KNOWN AS XXXX XXXX XXXX XXXX. 

Signed by : XXXX XXXX XXXX XXXX XXXX Documentation This document is false. It appears legit, however. Who does XXXX XXXX work for? He does not sign on behalf of the principal. Of course, WELLS FARGO can not endorse a NOTE to themselves. A completely fraudulent document. Plus, where are the endorsements to XXXX LEGAL TITLE TRUST IV, BY XXXX XXXX XXXX XXXX XXXX AS LEGAL TITLE TRUSTEE OR XXXX BANK XXXX XXXX XXXX AS TRUSTEE OF THE XXXX XXXX XXXX XXXX? Both of these entities caused false assignments to be recorded in public record. 

Simply put, WELLS FARGO, XXXX XXXX XXXX and XXXX XXXX  used false documents to conduct a wrongful foreclosure and a wrongful eviction as neither were the rightful owner of the debt nor a real party in interest. 

If you are NOT the Rightful Owner of the debt, Real Party In Interest, Person Entitled To Enforce, and Holder In Due Course of the Tangible Promissory Note associated with the subject loan, then you can not enforce collection of that debt, pursuant to : 12 CFR 226.39 / 1026.39 ( a ) ( 1 ) : A covered person means any person that becomes the owner of an existing mortgage loan by acquiring legal title to the debt obligation, whether through a purchase, assignment or other transfer... For purposes of this section, a servicer of a mortgage loan shall not be treated as the owner of the obligation ( b ) Each covered person is subject to the requirements of this section and shall mail or deliver the disclosures required by this section to the consumer on or before the 30th calendar day following the date of transfer.

( d ) The disclosures required by this section shall identify the loan that was sold, assigned or otherwise transferred, and state the following : ( 1 ) The name, address, and telephone number of the covered person ( 2 ) The date of transfer. ( 3 ) The name, address and telephone number of an agent or party authorized to receive notice of the right to rescind and resolve issues concerning the consumer & # 39 ; s payments on the loan ( 4 ) Where transfer of ownership of the debt to the covered person is or may be recorded in public records, or, alternatively, that the transfer of ownership has not been recorded in public records at the time the disclosure is provided. ( emphasis added ) 15 USC 1641 ( f ) : ( 1 ) A servicer of a consumer obligation shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation. ( 2 ) A servicer of a consumer obligation shall not be treated as the owner of the obligation for purposes of this section on the basis of an assignment of the obligation from the creditor or another assignee to the servicer solely for the administrative convenience of the servicer in servicing the obligation. Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation. ( emphasis added ) ( g ) Not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer, including ( A ) the identity, address, telephone number of the new creditor ; ( B ) the date of transfer ; ( C ) how to reach an agent or party having authority to act on behalf of the new creditor ; ( D ) the location of the place where transfer of ownership of the debt is recorded ; and ( E ) any other relevant information regarding the new creditor. ( emphasis added ) You have demanded payment of the aforementioned loan, which is presentment pursuant to : UCC 3-501 : ( a ) Presentment means a demand made by or on behalf of a person entitled to enforce an instrument ( i ) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, ( b ) ( 2 ) Upon demand of the person to whom presentment is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and ( iii ) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. ( 3 ) Without dishonoring the instrument, the party to whom presentment is made may ( i ) return the instrument for lack of a necessary indorsement, or ( ii ) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. ( emphasis added ) I Demand an impartial investigation from you into the true ownership of the debt. WELLS FARGO, XXXX XXXX XXXX and XXXX XXXX never owned the right to collect, the debt, record false documents on my title or foreclose or evict, they all executed and filed false documents on my title to make it appear that they were the owners of the debt under the XXXX of law. THIS IS CRIMINAL!!!! And This is happening XXXX!! 

( All Documents are recorded at XXXX XXXX XXXX XXXX and can be provided when needed ) Sincerely,

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