Consumer complaint received 2017-08-28
Company: WELLS FARGO & COMPANY
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Re : Wells Fargo and XXXX XXXX XXXX To Whom It May Concern : In approximately XX/XX/XXXX, Wells Fargo granted my Mother, a XXXX year old retired XXXX on a fixed income, a {$270000.00} 40-year mortgage with no escrow account. Unable to pay the mortgage, property taxes, insurance, utilities, repairs/upkeep and prescription drugs, foreclosure was threatened. I became my Moms Power of Attorney, assisted with the Modification, which was granted in XX/XX/XXXX. A Quit Claim Deed added my name to the property, and regular timely mortgage payments were made. 

My Mother XXXX XXXX on XX/XX/XXXX. Wells Fargo was notified of her XXXX. Wells Fargo claimed there was an {$8000.00} escrow shortfall due to the redemption of property taxes that had occurred prior to the XX/XX/XXXX modification. We believe this amount should have been included in theXX/XX/XXXX modification. The monthly payments were increased, a tenant moved out, major repairs were necessary and in late XX/XX/XXXX or early XX/XX/XXXX, the mortgage was in arrears, having become, once again, unsustainable. 

Sometime in  XX/XX/XXXX, Wells Fargo retained XXXX XXXX XXXX, XXXX. to pursue foreclosure proceedings. Their Special Process Server ( XXXX XXXX, XXXX XXXX ) claimed that on XX/XX/XXXX, at XXXX XXXX, he served a XXXX Woman, with XXXX hair, aged XXXX-XXXX, who was XXXX ft XXXX in XXXX ft XXXX inches tall. My Illinois State drivers license states that I am XXXX ft XXXX inches tall, and XXXX years old as of this  writing. Im actually XXXX feet tall. I was never served. Hes never seen me and Ive never seen XXXX XXXX. 

On XX/XX/XXXX, I was residing in an apartment complex with 540 units in two buildings with identical apartment numbers in the North and South towers.  The affidavit does not state an apartment number where the affidavit was served. I was never served. 

After receiving correspondence from Wells Fargo, the modification and assumption process began, I submitted the paperwork and made 2 trial period payments to Wells Fargo. I then received a letter stating that the servicing of the loan had been transferred to XXXX XXXX XXXX, I made the third trial period payment ( ATTACHED ) to XXXX XXXX XXXX. 

The terms of the modification offered by XXXX XXXX XXXX were very different from those being offered by Wells Fargo. 

XXXX XXXX received a letter dated XX/XX/XXXX, from XXXX XXXX XXXX, notifying her that, effective XX/XX/XXXX the mortgage loan had been sold to XXXX XXXX  XXXX XXXX. ( ATTACHED. ) Wells Fargos modification/assumption agreement principal balance was {$120000.00} with a maturity date ofXX/XX/XXXX. XXXX XXXX XXXX principal balance was {$130000.00} with a maturity date of XX/XX/XXXX ; {$12000.00} and 7 years/7 months was added to the life of XXXX XXXX XXXX offer. Fair property value on comparable values at that time was {$96000.00}. 

Simultaneous with the assumption and modification process, there was a claim filed because of major weather/water damage that had occurred in the spring of XXXX. Wells Fargo decided that they wanted to manage the funds from the claim, and before a claims check would be mailed to pay the contractor, I would have to make a trial period payment. I am including a worksheet that shows the events of the modification, and claim. 

The repairs took 3 seasons Spring through Fall. The repairs should have taken 5-7 days. 

One of the many questions I had was whether the assumption or the modification occurred first. I was reassured when I was told by a Wells Fargo representative that the modification would not have been approved without the assumption occurring first, which seems appropriate since a XXXX person can not enter into a contract. 

XXXX XXXX XXXX stopped giving me information on the mortgage, claiming I was not an authorized borrower on the mortgage and that Wells Fargo had not transferred the authorization for me to receive notification/information on the loan. 

XXXX XXXX XXXX began sending correspondence to the Estate of XXXX XXXX. 

Im not sure why, but some company began posting vacancy notices on the door of the property ( ATTACHED. ) That property has been occupied by my family since XXXX, and continues to be. 

The foreclosure proceeding was resumed. I was NOT NOTIFIED. 

XXXX XXXX XXXX representatives began telling me that I needed to proceed with Probate. There is no will. The intent of the Quit Claim was to avoid Probate. XXXX XXXX XXXX did, however, stress that they participated in the Hardest Hit Fund, and I might qualify for this program. I was dismayed, since Wells Fargo had allowed me to enter into a modification program, make trial period payments, gave me all the information about the loan that existed, communicated with me about the property damage claim that occurred in XX/XX/XXXX and continued through XX/XX/XXXX. 

Working with Wells Fargo has been painful. The mortgage crisis impacted property values in our area and for my family in a manner that we have not recovered from, although a large percentage of the country has recovered. The property is located in a minority community. The impact of the mortgage crisis has had long-term and far-reaching effects. Wells Fargos business practice continues to impact us negatively. 

I have no idea if anything can be done to assist us/me because Fridays ( XX/XX/XXXX ) court date was to approve the sale of the property. The foreclosure was approvedXX/XX/XXXX. 

I have lived with the failure of the modification/assumption, and XXXX XXXX XXXX refusal to give me information, for many sleepless nights and for months. In XX/XX/XXXX, after learning that XXXX had resumed the foreclosure process. I hired an attorney in an attempt to Quash the Special Process Servers claim that I was served. Although an affidavit was filed, refuting the Process Servers claim, the Judge in the case denied the motion ; an appeal is underway to reverse the Judges ruling. In the mean time, there is a good chance we will lose our home. 

I have no idea what, if anything can be done regarding our situation. Wells Fargo, XXXX XXXX XXXX and their investors prey on consumers. Their reputations in the industry are not positive. Wells Fargo has engaged in various unethical practices involving mortgages, opening unauthorized accounts and escrow accounts, and both companys employees have been under investigation for a considerable amount of time XXXX XXXX XXXX XXXX XXXX XXXX XXXX  I made 3 trial period payments, in good faith, only to be told that the mortgage had been transferred, at which point the process fell apart. I have spent a great deal of money on repairs to the property and to address the claim. 

I need your help. Please review the attached documents, and advise if there are any options for us. We wish to keep our property.

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