Consumer complaint received 2016-12-04
Company: WELLS FARGO & COMPANY
State: NY
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
TO : Consumer Financial Protection Bureau This is in reference with my mortgage with Wells Fargo and its servicer, America 's Servicing Company, a/k/a ASC. I have recently addressed this issue to CFPB, whereby I fell behind in my mortgage payments after I lost my job back in 2012. I managed to pull myself out of the pre-foreclosure by paying Wells Fargo/ ASC the full amount due including all the late fees that I incurred during that time. After I complied with the settlement provided by Wells Fargo 's legal department, I am still receiving late fees and other charges on my monthly mortgage statements. I contacted Wells Fargo and asked to speak with someone in their legal division in order to obtain copies of the final Settlement Agreement in which they have instructed me of the amount to be paid to reinstate the loan. Such amount included all the past due balances ( principles and interests, their attorneys fees, inspection fees, and the like. I followed correctly all the instructions given, and mailed in the XXXX checks totaling {$75000.00} at the appropriate location, as specified. XXXX checks were sent in the same envelope, bearing the same code provided by Wells Fargo Legal division ( i.e. : Attn : Payoffs, XXXX XXXX ), etc. It appears that the department that handled those types of funds did not apply them correctly, despite the fact that those XXXX checks clearly stated the same information and for the same purpose, which is to reinstate the mortgage. Instead, Wells Fargo/ASC accounting department deposited the check with the larger amount, approximately ( {$73000.00} ), and placed the second check in my " UNAPPLIED FUND '' Account. WHY WERE THOSE XXXX CHECKS I SENT IN THE SAME ENVELOPE, BEARING THE SAME CODE GIVEN TO ME BY WELLS FARGO 'S LEGAL DIVISION FOR CORRECT PROCESSING IN ORDER TO REINSTATE THE MORTGAGE WERE NOT DEPOSITED AT THE SAME TIME? WAS IT NOT {$75000.00} NEEDED TO REINSTATE THE MORTGAGE AND BRING THE ACCOUNT CURRENT? Why Did Wells Fargo/ASC REINSTATED MY MORTGAGE ANYWAY WITH A LESSER AMOUNT IF IT WAS AN ERROR ON THEIR PART? Even though Wells Fargo's/ASC representatives, ( Executive Resolution Specialists/ Customer Care and Recovery Group have been in touch with me both by mail and by telephone, they have been resistant and uncooperative in providing me with copy of the final Settlement documents from their legal division along with copies of the bank checks ( front and back I had sent to them to offset the debt due. One of the representatives I had talked to stated that the information he provided me, which was a Customer Account Activity Statement, was all that he can give me. He also asked me, how come I did not keep a copy of the Final Settlement documents that I am requesting - - which emphasizes they have what I am looking for. I even pleaded with him if I could get in touch with a representative in their legal division to request said documents, his answer was negative. The point I am making was that Wells Fargo/ASC HAD MISAPPLIED the XXXX checks I sent together in the amount of {$75000.00} to pay for all the arrears, totalling, that is why they refused to send me front and back copies of those XXXX bank checks I provided them. Those XXXX checks have " Specific Instructions '' marked on them which was given by their attorneys. While Wells Fargo representatives have been writing and calling regarding the case at hand, they have not been helpful, and/or assisting me with my request. Is it possible to obtain that piece of information for me from Wells Fargo/ASC? I thank you for your assistance.

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