Consumer complaint received 2016-09-10
Company: WELLS FARGO & COMPANY
State: TN
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
In XXXX I filed Ch XXXX and Wells Fargo was my mortgage holder. They were notified of the Ch XXXX and instead of WF filing the correct paperwork for my mortgage to be paid by the Trustee, another bank filed to claim the mortgage. After several attempts to get WF to file the correct paperwork, the Trustee dismissed their mortgage claim XX/XX/XXXX. XX/XX/XXXX a lawsuit was filed against WF to produce the original note. XX/XX/XXXX a settlement agreement was reached. Due to WF failing to file the agreement paperwork with the CH XXXX court in a timely manner, the mortgage restart date was moved from XXXX XXXX to XXXX XXXX and the amounts owed for pre and post petition arrears was changed to reflect this additional 3 months of waived interest. The order setting all this in motion was accepted by the CH XXXX court XX/XX/XXXX. 

The Trustee sent a payment that was for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX to WF in XX/XX/XXXX. WF used the contractual due dates of XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX and applied the payments to months that were part of the pre and post petition arrears instead of applying to the Post Due Date as agreed in the CO and SA. These payments were made on XX/XX/XXXX. Then on XX/XX/XXXX WF again paid the XX/XX/XXXX Pre petition payment with funds from the {$4500.00} arrears payment made by the Trustee. The remainder of the {$4500.00} was set into an unapplied status. On XX/XX/XXXX WF paid XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX again with money from the unapplied funds in an attempt to comply with a Notice of Cure sent to WF by the Trustee. They paid the XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX mortgages again when those months had already been paid mistakenly using Trustee monthly payments for XX/XX/XXXX, XX/XX/XXXX, and XXXX XXXX. They continued to pay the months that were included in the SA and CO with monies sent for the current post petition due dates until XXXX XXXX. 

WF used unapplied funds in the amount of {$340.00} on XX/XX/XXXX to make a partial payment to my account. I mistakenly counted it as XXXX XXXX payment. I realize that money was actually the principal payments for XX/XX/XXXX, XX/XX/XXXX, and XXXX XXXX that was never applied correctly. I have made all payments owed to WF since the last Trustee payment made XX/XX/XXXX. Single payments in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX and double payments in XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. Currently I am due for XXXX XXXX, XXXX payment. However, WF still says I am behind. 

WF never waived the interest as the SA and CO instructed and even though they filed a Response to the Notice of Cure XX/XX/XXXX saying all monies had been received, WF says I owe them over {$1300.00} in arrears. Due to WFs failure to follow the SA and CO, I was unable to reaffirm my mortgage with them when I filed for Ch XXXX in XX/XX/XXXX. Now they have stopped sending monthly statements, have stopped reporting my payments to the credit bureaus, show me as surrendering our home, and send someone out monthly to tell me that I am behind in my mortgage, subject to foreclosure, make sure we live in the home, and tell us to call WF. With the wrong amount owed and all the credit bureau mistakes, it is impossible for me to refinance my loan and get away from WF. WF sent HARP paperwork this week demanding I submit a packet to have the mortgage refinanced at the wrong amount. I never requested this. I feel this is harassment for them failing to follow the SA and CO.

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