Consumer complaint received 2018-05-26
Company: WELLS FARGO & COMPANY
State: NY
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
On or about XX/XX/XXXX XXXX XXXX and XXXX XXXX took out a mortgage and delivered a Note to XXXX XXXX XXXX to secure the sum of {$250000.00}. The note was secured by a First Trust Deed on the property. That record can be found in the county of XXXX register office Book/Page 5269/1415. That mortgage was subsequently assigned to XXXX XXXX XXXX by assignment. In XX/XX/XXXX Homeowners than modified the mortgage with XXXX XXXX XXXX to form a lien of {$270000.00} under Reel 5269, page 1415.  Around the time of XX/XX/XXXX a company called XXXX XXXX XXXX ( XXXX ) began sending mortgage statements to Homeowners. In XX/XX/XXXX XXXX sent a letter informing Previous Homeowners that their mortgage bill will be raising. After multiple attempts to send partial payments of the newly raised mortgage, XXXX refused to accept payment and charged late fees and other bogus charges. 

XXXX XXXX represented by attorneys, XXXX XXXX XXXX, XXXX, then commenced a foreclosure proceeding against Home Owners in The Supreme Court of The State of New York County of XXXX on XX/XX/XXXX with index number XXXX. XXXX XXXX than assigned the mortgage to XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX on XX/XX/XXXX. 
The XXXX XXXX XXXX XXXX XXXX was a New York-based global investment bank, securities trading and brokerage firm that failed in XX/XX/XXXX as part of the global financial crisis and recession, and was subsequently sold to XXXX XXXX. Its main business areas before its failure were capital markets, investment banking, wealth management and global clearing services, and it was heavily involved in the subprime mortgage crisis. 

A second Notice of Pendency was filed on XX/XX/XXXX with the Supreme Court of The State of New York County of XXXX with the plaintiffs listed as XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX. A third Notice of Pendency was filed with the Supreme Court of The State of New York County of XXXX on XX/XX/XXXX by law firm XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX with an address of XXXX XXXX XXXX XXXX XXXX, New York XXXX. The Plaintiffs on that Notice of Pendency was listed as XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX. 

In XX/XX/XXXX Law firm XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX filed a motion with the Supreme Court of The State of New York County of XXXX to have caption of plaintiffs in foreclose proceeding in respect to index number XXXX be changed to read XXXX XXXX , XXXX XXXX, as Successor Trustee to XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX. In XX/XX/XXXX, Wells Fargo began sending Previous Homeowners mortgage statements. There are no records in the The State of New York County of XXXX County Clerks office that indicates that XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX assigning a mortgage to a new entity. 
At the time of this complaint XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX was the last entity that has been assigned a mortgage in respect to The Property. The last Notice of Pendency was filed with the Supreme Court of The State of New York County of XXXX on XX/XX/XXXX by law firm XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX expired on XX/XX/XXXX, and has not been renewed. 
A notice of pendency is filed in the county where the realty is situated ( XXXX XXXX ) and is effective for three ( 3 ) years from the date of filing ( XXXX XXXX ). Before expiration of the three ( 3 ) year period, the plaintiff may seek an extension of the notice of pendency for another three ( 3 ) year period upon motion to the court and the showing of good cause ( Id. ). The court order extending the notice period is to be filed, recorded and indexed prior to the expiration of the existing notice of pendency ( Id. ). A person aggrieved by a notice of pendency may, upon motion, seek to have the notice cancelled if, among other reasons, service of summons has not been completed within the statutory time prescription, the action has been settled, discontinued or abated or the plaintiff has not commenced or prosecuted the action in good faith ( CPLR 6514 ( a ), ( b ) ). A notice of pendency that has expired without extension is a nullity. In re XXXX, XXXX XXXX In XX/XX/XXXX XXXX XXXX completed chapter XXXX bankruptcy with her debts discharged which prevents any entity on collecting future and past debts. Law firm XXXX, XXXX, XXXX, XXXX XXXX XXXX represented XXXX XXXX XXXX XXXX    dba Servicing Company as Servicing Agent for XXXX XXXX XXXX XXXX XXXX, as Successor Trustee to XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX during the proceedings. 

A sale date is scheduled for XX/XX/XXXX with the plaintiff being XXXX XXXX XXXX XXXX XXXX, as Successor Trustee to XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX. However, during bankruptcy court the plaintiffs were XXXX XXXX XXXX  XXXX. dba Servicing Company as Servicing Agent for XXXX XXXX XXXX XXXX XXXX, as Successor Trustee to XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX. Ive called XXXX XXXX from Wells Fargo Home Mortgage Executive Resolution Specialist, Customer Care and Recovery Group attempting to explain my concerns on 2 different occasions however, haven't been successful in directly speaking to XXXX or received a call back. If Wells Fargo is the entity currently sending mortgage statements their names should be changed in the Supreme Court County of XXXX to reflect that they are the current entity thats foreclosing on the property. 
According to the County Clerks office in the County of XXXX the last entity to be assigned a mortgage concerning this property was XXXX, XXXX, as trustee for XXXX XXXX Asset Backed Securities XXXX XXXX, Asset-Backed Certificates, XXXX. 
XXXX XXXX XXXX XXXX XXXX is currently foreclosing on the property with a XX/XX/XXXX sale date. 
Wells Fargo Home Mortgage is the current entity sending me mortgage statements.

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