Consumer complaint received 2017-08-16
Company: WELLS FARGO & COMPANY
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Our client has been attempting loss mitigation with Wells Fargo for several months now. However, Wells Fargos ( WF ) conduct has been in violation of servicing laws and standards as more particularly described below.
AFFIDAVITS FROM PERSONS WITH FIRST-HAND KNOWLEDGE Being filed along with this Complaint are affidavits from persons with first-hand knowledge of the below referenced falsehoods and loan servicing violations by Wells Fargo ; those affidavits contain additional details.
MAKING FALSE STATEMENTS ; FALSLEY AND INACCURATELY DOCUMENTING MORTGAGE LOAN SERVICING AND LOSS MITIGATION FILE On XX/XX/XXXX, we submitted a request for ongoing loss mitigation with the required documentation to WF. It was our understanding that this application was complete. On XX/XX/XXXX, one day before a scheduled foreclosure hearing, WF contacted us and stated that a representative from WF called our office on XX/XX/XXXXand informed us that additional documents were needed for the loss mitigation application. That statement was completely false ; no one from WF contacted our office on XX/XX/XXXXand, until the call onXX/XX/XXXX, no one from WF contacted our office to inform us additional documents were needed.
OnXX/XX/XXXX, our office received a letter from WF datedXX/XX/XXXX, that stated WF contacted our office onXX/XX/XXXXto discuss re-entry and the person from our office who answered the phone refused to take a message. This is yet another false statement by WF. In fact, our office contacted WF on XX/XX/XXXX, confirmed the loss mitigation application was received, and was informed that the documents were being sent to 2nd level for review. At no point did anyone from our office receive a call from WF on XX/XX/XXXX. Additionally, under no circumstance would anyone from our office refuse to take a message regarding a client file.
MOVING FORWARD WITH FORECLOSURE BASED ON FALSE STATEMENTS AND DESPITE COMPLETE LOSS MITIGATION APPLICATION WF closed the loss mitigation evaluation file within a few days of the supposed call to our office informing us of the need for additional documents. Even if such a phone call had occurred which it did not loss mitigation guidelines do not set forth a deadline of a few days for borrowers to provide requested items or risk the loss mitigation evaluation being closed down. The complete loss mitigation application submitted to WF on XX/XX/XXXX included the income documents required by WF ( which WF is again requesting ).
WF has failed to comply with federal and state rules and guidelines relating to servicing and foreclosure by failing to provide loss mitigation assistance when requested, and instead moving forward with foreclosure.
WF is using the above-described false statements and documenting of the mortgage loan servicing and loss mitigation file as a bad faith pretext to move forward with foreclosure and to cease loss mitigation evaluations.

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