Consumer complaint received 2016-04-18
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My mortgage lender Wells Fargo Home Mortgage/Wells Fargo Bank, N.A. ( the Bank, lender, servicer ) ; wrongfully foreclosed on my home of XXXX XXXX, 2016 even though I successfully submitted a completed loan modification application to Wells Fargo Home Mortgage. The Bank had enough time to review my application and it is apparent that Wells Fargo management team is in violation of UDAAP, ECOA and Regulation B and Regulation X. Wells Fargo never reviewed my request that I submitted on XXXX XXXX, 2016 for a new review of mortgage payment assistance options although I was told that the Bank will review my application for all available mortgage payment assistance options. Wells Fargo Home Mortgage had adequate time to review the completed loan modification application which is an example of disparate treatment and a violation of ECOA and Regulation B. Federal law also states a servicer 's failure to follow requirements imposed by an owner or investor may demonstrate the servicer 's failure to comply with the 12 CFR 1024.38 ( b ) ( 2 ) ( v ) requirement that the servicer shall maintain policies and procedures that are reasonably designed to ensure that the servicer can properly evaluate a borrower for all loss mitigation options for which the borrower may be eligible pursuant to any requirements established by the mortgage loan 's owner or assignee. Wells Fargo management is not in compliance with 12 CFR 1024.38 ( b ) ( 2 ) ( v ) requirements. As a matter of fact, Wells Fargo management arbitrarily decide which applicants loan modification application they will review and the applicants they will help although ECOA, Regulation B and Regulation X clearly states Wells Fargo practices are in violation of federal laws. 

On XXXX XXXX, 2016, I submitted a complete a loan modification application to Wells Fargo Home Mortgage in good faith. Wells Fargo Executive Resolution Specialist XXXX XXXX, Customer Care and Recovery Group never reviewed my application although XXXX stated that he would review my loan modification application ( loss mitigation application ) and all foreclosure activity would cease. This horrendous act is a clear representation of Wells Fargo 's management engaging in unfair, deceptive, or abusive acts or practices ( UDAAP ) which is a violation of federal law. 

XXXX XXXX, Executive Resolution Specialist, Customer Care and Recovery Group was assigned to review my case on XXXX XXXX, 2016. On XXXX XXXX, 2016, my file was assigned to XXXX XXXX, Executive Resolution Specialist, Customer Care and Recovery Group Wells Fargo and XXXX assured me that she will have a decision on XXXX XXXX, 2016 regarding my request to rescind and modify my loan on XXXX XXXX, 2016. On XXXX XXXX, 2016, I received a call from XXXX stating she will have a decision on Wednesday, XXXX XXXX, 2016. Then on XXXX XXXX, 2016, I received another call from XXXX stating she needed additional time and I she will provide me with a written response on Thursday, XXXX XXXX, 2016. As you can see, approximately every 15 days XXXX XXXX would leave me a voicemail stating she needs additional time to review my request to rescind/vacate the foreclosure and honor my loan modification request because manner in which Wells Fargo auction my security deed to XXXX XXXX is tainted due to a lack of due process. 

As a result of a lack of due process, Investor XXXX XXXX, owner of XXXX XXXX and XXXX, XXXX made a down payment on my primary residence on XXXX XXXX, 2016 and he illegally broke into my home on the same day, see attached police case number XXXX. Then on XXXX XXXX, 2016 Investor XXXX XXXX once again illegally broke into my home, see attached police case number XXXX. To make matters even more egregious, on XXXX XXXX, 2016 at XXXX p.m. XXXX XXXX once again illegally broke into my home that Wells Fargo wrongfully foreclosed, XXXX

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