Consumer complaint received 2015-05-28
Company: WELLS FARGO & COMPANY
State: PA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Wells Fargo Home Mortgage, XXXX XXXX XXXX XXXX and its attorneys have created fraudulent documents to obtain a judgment for a foreclosure on my home. 

Wells Fargo originated my loan and sold it to the XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 

The trust was closed on XXXX XXXX, XXXX. 

Almost one year later XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX filed a Complaint-in-Foreclosure. I challenged XXXX XXXX ability to foreclose, because it did not have any interest in the ownership of my home. 

Nearly a year and a half after selling my mortgage loan to the XXXX XXXX XXXX, Wells Fargo, XXXX XXXX their attorneys and other participants created a fraudulent Assignment of Mortgage ( XXXX XXXX, XXXX ) via robo-signing practices ( to assign my loan form Wells Fargo - Originator who had already sold the loan to XXXX XXXX - Trustee for the Depositor - XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 

After I challenged the validity of the fraudulently created document, the attorneys dismissed the case without prejudice. 

For years, I have said that Wells Fargo could not assign a mortgage to XXXX XXXX that it had previously sold over a year ago to XXXX XXXX. 

Wells Fargo strongly disagreed with me, and kept saying that they originated the loan and also had servicing rights, as well. 

The problem exists, because the mortgage note was not transferred into the trust during the 90-day period that is required by SEC regulations and laws of the State of New York. 

The attempt to take my home using a bogus assignment was far beyond the 90 day requirement. If fact, Wells Fargo assigned and recorded the fictitious Assignment of Mortgage to XXXX XXXX roughly a year and a half after the trust closed. 

RESPA laws, REMIC laws, SEC laws and New York state laws were violated. Since XXXX XXXX was the Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, it was aware and instrumental in the securitization process. Therefore, both entities knowingly broke the law. New York law deems every sale, conveyance, or other act of the Trustee in contravention of the trust is void -- EPTL XXXX XXXX the sale and acceptance of the note by the Trustee after the closing date of the trust would be void and unlawful. 

As I have said for years, this process has caused a clouded title for my home. Through its own admission, Wells Fargo acknowledges that it lacked the standing to begin this nightmare that started years ago. XXXX Assignment of Mortgage documents were created to hide certain material facts. Wells Fargo appeared to have typos fixed on recorded assignments, but it had other motives, such as the language that related to XXXX Securities. It went through great lengths to get the info removed from the recorded assignments, because the mere mention of asset-backed securities means that the loan was securitized into investment grade securities -- which would also mean that Wells Fargo could not sell assets that it had sold through securitization years ago. Also the third Assignment of Mortgage ( XXXX XXXX, XXXX ) was used to cleverly amend the previously recorded Assignment of Mortgage, and to enter the fact that Wells Fargo lacked standing to assign the initial Assignment of Mortgage dated XXXX XXXX, XXXX. 

My family has endured a lot of emotional suffering as a result of the practices of the banks involved in this case.

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