Consumer complaint received 2016-10-04
Company: WELLS FARGO & COMPANY
State: NV
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I applied for assistance in saving my home after falling behind on my mortgage. I fell behind after the IRS took monies out of my account and caused me to fall behind. My loan was modified before ( 2013 ) by ASC ( Wells Fargo Home Mortgage ). However they did not lower my payment to 31 % of my income as was required by the HAMP program. I signed the last modification under duress and now I am being blocked from assistance by Wells Fargo. I was denied with the excuse my payment is affordable, however it was never lowered to 31 % and I am supposively in the XXXX program which guarantees an affordable payment of 31 %. So my payment is NOT affordable and has n't been so even after they finished my last XXXX modification. Reason - they never lowered it to 31 % of my income. They fraudulently grossed up my income to inflate their new modified payment and interest rate. I am told this is common fraudulent practice of Wells Fargo on ALL of their modification reviews at that time. I now believe it after they got caught fraudulently opening fake checking accounts. I still have not received a denial letter or NPV chart since being denied in early XXXX. Right now they are basically evading reviewing me and trying to now take my house. I am told this is ALL common fraudulent practice of Wells Fargo ( ASC ) to over state a borrowers income so they get a higher payment from them when doing a loan modification that is subsidized by the government. Per ASC ( Wells Fargo ) my income is {$4900.00} per month. My income has not changed since my last modification which was completed on XXXX/XXXX/13. My incomer per Wells Fargo is {$4900.00} ( which has not changed since my initial application in 2013 ). My current payment is {$1700.00} - {$47.00} ( MI ) + {$18.00} ( XXXX ) = 34 %. ASC states I am being denied for a loan modification however, they have never modified my payment to 31 % of my income ( PITIA ). They have comitted fraud in order to get themself a higher payment and interest rate on my last modification. I am assuming since it was XXXX they have also defrauded the Federal Government by accepting monies for the XXXX program, while not actually lowering the payment to 31 % of my income. This is very common per my attorney and I suggest the CFPB investigate Wells Fargo for this type of fraud as I am sure they fraudulently underwrite all of their modifications just like they fraudulently opened all of the checking accounts. This is Wells Fargo practice that comes from the upper management down to every aspect of their business. They cheat everyone out of what they are supposed to get and only think of their financial gain. My last modification was fradulently calculated. I was given a payment of {$1900.00} XXXX per month which represents more than 31 % of my income at the time if they would have calculated it without fraudulently increasing ( grossing it up ) in order to get a higher payment for them self. I wish to rescind that fradulent modificaiton and have it re-issued with the correct amount to reflect 31 % of my income.

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