Consumer complaint received 2016-02-09
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
PLEASE NOTE THAT I ONLY HAD THE CHOICE OF ONE COMPANY BUT THIS COMPLAINT IS AGAINST : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX America 's Servicing Company Wells Fargo XXXX XXXX XXXX I have reasons to believe that the documentation used to file a foreclosure action against me are fraudulent. The Assignment of Mortgage that supposedly assigns the mortgage to the Plaintiff in the case, XXXX XXXX XXXX XXXX, is fraudulent for the following reasons : 1. Assignment assigns the mortgage on XXXX XXXX, XXXX to XXXX XXXX trust. This is not possible because this trust closed in XXXX XXXX. Two years prior to the assignment of mortgage. 
2. The assignment assigns the mortgage to the trust approximately 20 days AFTER the filing of the Lis Pendens to Foreclosure and the Foreclosure Complaint. This would make it impossible for the current plaintiff, XXXX XXXX XXXX XXXX, to file the complaint because they would not have had standing at the time they filed the complaint. 
3. The assignment has a clause backdating the date it was filed in order to serve their purpose. This is considered fraud specially when the Note bears no date to show that in fact that note was assigned on the backdated date. Backdating an assignment is a fraud and would make it null and void. 
4. The assignment of mortgage was signed by XXXX XXXX and notarized by XXXX XXXX XXXX, known robosigners. 
5. The assignment of mortgage was prepared and filed by XXXX XXXX XXXX, foreclosure mill attorney who was disbarred for using fraudulent documents to file foreclosure complaints. 
6. In searching the SEC records for XXXX XXXX, the mortgage loan in question does not appear anywhere in the mortgage loan tape of the loans that were part of the XXXX XXXX trust. 
7. America 's Servicing Company / Wells Fargo during the foreclosure process in XX/XX/XXXX they provided a note which was endorsed and it stated : Pay to the order of XXXX XXXX XXXX XXXX as trustee for XXXX XXXX without recourse and signed by XXXX XXXX. 5 YEARS LATER America 's Servicing Company / Wells Fargo provided to bankruptcy court during my bankruptcy a note with a blank endorsement. This is after an original with an endorsement had been provided to the court. Honestly they must have magical powers to be able to remove and endorsement that is endorsed to XXXX XXXX XXXX XXXX as trustee for XXXX XXXX and then 5 years later the note that is provided in Federal court has a blank endorsement and not endorsed to anyone. Again, this is fraud. 

I sent letters to America 's Servicing Company, Wells Fargo, U.S. Bank National Association, the judges presiding over my case, the Chief Judge and the Foreclosure Administrative Judge and to the clerk of XXXX XXXX County Courts requesting a full investigation of these allegations and requesting proof that they in fact own said mortgage but have never received complete and concrete answers to any of my suspicions nor has an investigation been done on my land records or court records. Although I have requested answers and clear and definite proof with documentation as to their ownership of said mortgage and note to date, my questions have not been answered and no documentation showing clear and definite proof of their ownership of said mortgage loan has ever been provided. I keep on getting the runaround from everyone and all they do is response with things like, it is legal to backdate an assignment of mortgage or there is no fraud. 
I am attaching a letter that I sent to XXXX XXXX XXXX XXXX Fraud Department with all my concerns. None of my concerns have been addressed nor have they provided any documentation proving that they are in fact the owners of said mortgage and note.

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