Consumer complaint received 2016-05-04
Company: WELLS FARGO & COMPANY
State: NY
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I applied for a modification with America 's Servicing Company XX/XX/XXXX. I was approved for a previous modification 3 years prior to this one, but fell behind due to loss of income. I paid an attorney to fight this recent modification because it was my XXXX, and a few organizations said that they would not assist. I appeared in court with my attorney several times but the banks attorney 's were constantly unprepared and late. 5 years later they offered me an in house modification. When my attorney and I appeared in court to negotiate the terms, the banks attorney did n't show up and the case was thrown out, that was XX/XX/XXXX. Now the bank is starting a new case and they are calling me to pay the balance in full, which is now XXXX. I spoke with their escalation department and explained that I was offered an in house modification already and would like to go over the same terms to see if there was room for negotiation, the payments offered were very high. I received a call yesterday and they stated as of XXXX/XXXX/XXXX, my loan is back in foreclosure status. Naturally, they want to rush it back in before the statue of limitations are up. At this point my salary has been stable for the last 6 years and my income is well over the required amount to afford the mortgage payments, but because they have n't allowed me to pay the mortgage for almost six years, I feel they are making it impossible to come to an agreement to pay them back. I want to keep my house and pay my mortgage. They are saying I make too much and it is not my primary residence. When I purchased the house, I lived there and since have moved and rent it out to tenants. My salary plus the rental income puts my yearly gross to over XXXX per year. That seems to be an issue for them. The guidelines also say that it has to be your primary residents, but it was at one time. I worked in the mortgage industry for many years before the market crashed and it took me a few years to get back on my feet. Now I 've been on my feet for several years and now do not meet the qualifications because I make too much. This mortgage situation is stopping me from moving on and getting my life back in order. My credit is affected, I have a son in college and I have to pay out of pocket because no one will give me loans due to my credit issue. I just want to start over and pay my mortgage but it seems impossible. I need to know which laws protect consumers who in the past, had a loss in income but have since increased their income and need to settle their modifications that have been in limbo for almost 6 years. This senerio does n't seem to fit the government programs available but there has to be out of the box scenerio that fit another criteria. I just need to know my rights as a consumer and I do not want to pay another attorney 10 's of thousands dollars to fight this case for me again. Plus it can drag on another 4 to 5 years because it 's in XXXX county. Please help me.

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