Consumer complaint received 2017-03-31
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
As the legitimate legal survivor and spouse of a deceased Wells Fargo Home Mortgage ( WFHM ) borrower, I have provided WFHM with all of the legal documentation establishing me as sole inheritor to XXXX XXXX 's full estate in a timely manner, over the many months since her passing. 

As my wife died intestate, with surviving siblings, the full determination of the distribution of her estate, consisting almost entirely of her real property, fell hostage to California 's lengthy and thorough legal probate process. Although final estate distribution was executed in California Superior Court in XX/XX/XXXX, WFHM would not recognize me as legal title holder and established " successor in interest '' to the property until the title transfer was quit claim deeded from the estate, by me as court appointed administrator of the estate, to me as sole legal deed holder. This Quit Claim Deed was recorded XX/XX/XXXX. 

Upon WFHM 's final determination sometime hence in XX/XX/XXXX that I was in fact the recognized sole and full legal " successor in interest '' to XXXX XXXX 's WFHM loan, I was ultimately transferred to WFHM 's Simul-Mod home preservation team for approval as assumptor of the WFHM loan, and potential mortgage assistance. Pursuant to WFHM 's own determination, I was not recognized as the legitimate " successor in interest '' to the loan until XX/XX/XXXX, well past the XX/XX/XXXX inaugural date of the implementation of California State Law 1150 ( Survivor 's Home Owner Bill of Rights ). Plain and simple, WFHM first recognized me as " successor in interest '' in XX/XX/XXXX, at a time in which CA 1150 enjoyed the full force of California Law. Their is no legitimate doubt that WFHM is subject to the provisions of CA 1150 in consideration of the loan. 

On XX/XX/XXXX I was, without prior notification, served by posting, USPS, and registered mail, with notice of Trustee 's Sale for XX/XX/XXXX. This action is in certain violation of CA 1150, Section 2920.7 ( e ) : ( 1 ) A successor in interest shall have all the same rights and remedies as a borrower under subdivision ( a ) of Section 2923.4 and under Sections 2923.6, 2923.7, 2924, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19. For the purposes of Section 2924.15, " owner-occupied '' means that the property was the principal residence of the deceased borrower and is security for a loan made for personal, family, or household purposes. 
( 2 ) If a trustee 's deed upon sale has not been recorded, a successor in interest may bring an action for injunctive relief to enjoin a material violation of subdivision ( a ), ( b ), ( c ), or ( d ). Any injunction shall remain in place and any trustee 's sale shall be enjoined until the court determines that the mortgage servicer has corrected and remedied the violation or violations giving rise to the action for injunctive relief. An enjoined entity may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied. 
( 3 ) After a trustee 's deed upon sale has been recorded, a mortgage servicer shall be liable to a successor in interest for actual economic damages pursuant to Section 3281 resulting from a material violation of subdivision ( a ), ( b ), ( c ), or ( d ) by that mortgage servicer if the violation was not corrected and remedied prior to the recordation of the trustee 's deed upon sale. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, the court may award the successor in interest the greater of treble actual damages or statutory damages of fifty thousand dollars ( {$50000.00} ).

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