Consumer complaint received 2016-06-29
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
At a point we as quite a few people, were having a hard time making ends meet. I was in an accident, which took out my income and so my wife used some of our retirement money to get us over the hump. During the next cycle after that occurred my wife forgot to mention this on our tax forms and the IRS notified us that we needed to pay the money back or that they would take it. I instinctively went to the bank and withdrew all the money from the bank. At the time our mortgage holder was taking automatic payments from the bank. We notified the mortgage company of our situation and asked them to hold off on withdrawing the funds and we told them that we would mail that payment. The mortgage company did not pay any attention to us and attempted to take the payment from our bank account. When they realized that the account had been closed they contacted us to secure the payment. I went to a different bank and opened an account then I wrote the mortgage payment with a counter check and mailed it into the mortgage company. The check was cashed but the payment was not credited. We have been trying to prove that we made this payment for 6 years and all the while the mortgage company has been charging us interest on the unpaid balance. In XXXX we filed a chapter XXXX but the house was not listed in the bankruptcy. The mortgage company put us in their bankruptcy status none the less, compounding the situation with the lost payment. At this point the mortgage company will not discuss this issue with us. They will not allow us to make arrangements to pay the underage even though we have proof that we do not owe them any money. Here is a sample of the correspondence we have been engaged in.. 

During a search of the loan payment history of mortgage loan number XXXX and based on the claim that one payment was not made during XXXX, XXXX, I found that during a bank account relocation by us, an auto withdrawal payment that had been returned to you was subsequently paid by a counter check in the amount of XXXX counter check number XXXX dated XXXX/XXXX/XXXX thru XXXX bank. This payment does not show up on the readout that Wells Fargo supplied to me but does show up in my banking statement as received and cashed on XXXX/XXXX/XXXX. All sequential payments resumed without issue from that time forward to the present. 
I also note that on page XXXX of the ledger that you supplied to me, which is a reflection of this exact time period, this payment for the amount of XXXX is not listed as received and paid and on my bank records the check was cashed. The XXXX amount shows XXXX instead of XXXX, which is very strange. This counter check payment does not appear as received or paid in your system. Please review your records to confirm.. See Picture of Check & Ledger Attached. The loan was sold to Wells Fargo shortly after this transaction occured. 

Loan Records & Missing payment location. Please see attached XXXX ledger for missing payment dated XXXX/XXXX/XXXX XXXX Wachovia mortgage pmt ppd XXXX reference XXXX XXXX XXXX Wachovia mortgage pmt ppd XXXX reference XXXX XXXX XXXX XXXX thru XXXX Wells Fargo loan XXXX XXXX XXXX XXXX Check # XXXX - XXXX XXXX new XXXX account. See XXXX Transaction Detail for account # XXXX XXXX/XXXX/XXXX thru XXXX/XXXX/XXXX This payment was returned from auto withdrawal because we closed the XXXX XXXX account due to a tax lien. Payment was made with a counter check from XXXX XXXX a few days later. The original amount of the check was written for XXXX but shows as being cashed on the XXXX ledger for the amount of XXXX check and ledger attached. 



XXXX Wachovia XXXX XXXX Web ID : XXXX - XXXX XXXX XXXX Wachovia XXXX XXXX Web ID : XXXX - XXXX XXXX

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