Consumer complaint received 2021-06-03
Company: WELLS FARGO & COMPANY
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I am filing another complaint with the CFPB in an attempt to gather more information and resolve this ongoing issue that has been a direct cause of emotional duress and which has caused injury to me as the owner of the property. 
The previous complaint filed with the CFPB has not been resolved and I am not satisfied with the answers given by the employee of Wells Fargo Home Mortgage , Inc. Wells Fargo Home Mortgage XXXX Inc. is disputing the original mortgage document executed on XX/XX/XXXX which was recorded in the XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX Book XXXX Page XXXX. Wells Fargo Home Mortgage, Inc XXXX XXXX XXXX XXXX XXXX is denying that it is the original mortgagee and originator of the mortgage. Wells Fargo Home Mortgage XXXX Inc. aka XXXX XXXX XXXX XXXX also states in the CFPB complaint in the response that XXXX XXXX XXXX XXXX XXXX XXXX, is the originator of the mortgage and states Wells Fargo only serviced the loan. I provided a copy of the original mortgage from the XXXX XXXX Official records to XXXX XXXX, employee of Wells Fargo Home Mortgage , Inc. on XX/XX/XXXX via email to XXXX. Mr. XXXX also asked me to send a copy of the promissory note and the settlement statement from closing, which I have not provided. 
The title insurance company, who prepared the warrantydeed and the mortgage at closing issued a homeowners policy to my spouse and issued a loan policy to XXXX XXXX XXXX XXXX, the mortgagee and originator of the XX/XX/XXXX mortgage. 
The original loan number, which is on both the mortgage and the note, is XXXX. An assignment of mortgage executed on XX/XX/XXXX by XXXX XXXX, XXXX ( as assignor ) to XXXX XXXX XXXX XXXX XXXX XXXX ( as assignee ) was recorded in the XXXX XXXX official records on XX/XX/XXXX. Wells Fargo Home Mortgage , Inc. claims to have begun servicing the mortgage in XX/XX/XXXX for XXXX XXXX XXXX XXXX XXXX XXXX. The assignment has the original loan number, XXXX from the original mortgage and note but there are four numbers added to the loan number. Please see the assignment of mortgage from XXXXXXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX XXXX top right corner XXXXXXXXX. There is also a series of numbers located above the loan number XXXXXXX. I would like to know what those numbers are and since Wells Fargo Home Mortgage , Inc claims to have started servicing the loan in XX/XX/XXXX, this is relevant to the servicing of the loan. An employee named XXXX XXXX states that Wells Fargo Home Mortgage, Inc began servicing the loan on XX/XX/XXXX in a letter dated XX/XX/XXXX and goes on to state that the account number was changed ten years later in XXXX from the original XXXXX to XXXXXXXXX. Why would Wells Fargo Home Mortgage , Inc. service the loan for XXXX XXXX XXXX XXXX XXXX XXXX for 10 years under the original loan number and then in XXXX suddenly decide to change the loan number? 
The next assignment recorded in the XXXX XXXX official records, is the assignment from XXXXXXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The assignment was executed on XX/XX/XXXX with XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as the assignor and XXXX XXXX XXXX XXXX XXXX as the sole assignee. The secretary Of State of Florida indicates that there was no merger or acquisition filed with the state of Florida to prove that there was a merger between XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. There is no assignment in the official records from XXXX XXXX XXXX XXXX XXXX XXXX to XXXX XXXX XXXX, XXXX. Although the assignment was allegedly executed on XX/XX/XXXX, it was not recorded in the official records of XXXX XXXX Florida until XX/XX/XXXX, which is 11 months after the alleged execution date. The assignment of mortgage was recorded by XXXX XXXX XXXX XXXX XXXX and the recording fee was paid for by XXXX XXXX XXXX XXXX XXXX. Please refer to the assignment of mortgage which has the Wells Fargo Home Mortgage XXXX Inc. loan number XXXX located under the pool number, top left. At the time the assignment was recorded, XXXX XXXX XXXX XXXX XXXX did not have a license to transact business in the state of Fl. At the time the assignment was executed, XXXX XXXX XXXX XXXX XXXX XXXX did not exist or have a license to transact business in the state of Florida. At the time the assignment of mortgage was executed XX/XX/XXXX, Wells Fargo Home Mortgage, Inc did not have a license to transact business in the state of Florida and withdrew the right to transact business in the state of Florida on XX/XX/XXXX. Wells Fargo continued to service the loan for XXXX XXXX XXXX XXXX, XXXX without a license to do so and was not collecting and disbursing payments for or to the owner of the loan, as the party who owned the loan did not exist. 
It is important to note that the assignment of mortgage from XXXX XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has been declared void ab inito. The assignment contains a materially false, fictitious, or fraudulent statement and representation and did not establish a legitimate lien interest in favor of another person, instrument # XXXX Book : XXXX XXXX : XXXX XXXX XXXX. Homeowner obtained final judgment in her favor Instrument # XXXX Book ZALS Page GAF stating the assignment is void ab inito. The assignment states the assignor does hereby grant, bargain, sell, assign, transfer and set over unto assignee a certain indenture of mortgage bearing the date XX/XX/XXXX and further goes on to state together with the notes and documents therein described or referred to, the money due and to become due, with interest, and all rights accrued or to accrue under said mortgage. XXXX XXXX XXXX XXXX, XXXX is an electronic data system and can not grant, bargain, buy, sell, assign, transfer or set over a mortgage or a note. XXXX XXXX XXXX XXXX, XXXX can not collect payments or interest and can not assign interest to another party in its sole capacity. 
There has never been an assignment of mortgage recorded in the official land records of XXXX XXXX Florida in favor of Wells Fargo Home Mortgage , Inc. or XXXX XXXX XXXX XXXX XXXX, or XXXX XXXX XXXX, XXXX. 
The last assignment of mortgage recorded in the official land records of XXXX XXXX is an assignment of mortgage from XXXX  XXXX XXXX XXXX XXXX XXXX as the assignor to XXXX XXXX XXXX as assignee. This assignment was back dated and executed on XX/XX/XXXX and recorded on XX/XX/XXXX ( instrument AAAAA book ggaf page gafs ) This assignment is currently in litigation under FL 817.535 - Unlawful filing of false documents or records against real or personal property. ( 2 ) ( a ) A person who files or directs a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owners interest in the property described in the instrument commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
XXXX XXXX, XXXX brought a wrongful foreclosure action against homeowner XXXX on XX/XX/XXXX. XXXX XXXX XXXX claims XXXX XXXX owns the mortgage and the note. According to UCC code, the IRS and SEC.gov For a trust to exist, legally, there has to be an unbroken chain of transfers, deliveries and acceptances from the originator of the mortgage ( the original mortgagee who wrote & funded the loan ) to the sponsor ( party who organized the securitization process & submitted the necessary registration statements to the SEC ) then from the sponsor to the depositor, ( the last party in the chain of transfer to own the mortgage and the note before transfer to the trust. ) The trustee is the party who owns the mortgage note for the benefit of the parties who invested in the bonds issued by the trust. Each party mentioned must be included in the chain of assignments and endorsements & in the case of a blank endorsement, there has to be both a delivery and acceptance receipt to document the transfer and delivery of the bearer note from the originator, to the sponsor, to the depositor and from the depositor to the trust. Proof of note and mortgage being part of the res of the trust must be shown and proof it was transferred to the trust within the window of time between origination and cut -off date that the trust could accept assets. 
The originator of the mortgage is XXXX XXXX, XXXX XX/XX/XXXX. There is an assignment from XXXX XXXX XXXX to XXXX XXXX XXXX XXXX, XXXX on XX/XX/XXXX. There is an assignment from XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX ( which has been declared and ordered void ab inito as of XX/XX/XXXX ) not recorded until XX/XX/XXXX. There is an assignment of mortgage from XXXX XXXXXXXX XXXX XXXX XXXX XXXX to XXXX XXXX, XXXX on XX/XX/XXXX recorded on XX/XX/XXXX. WHO IN THIS LINE OF ASSIGNMENTS IS THE SPONSOR? WHO IS THE DEPOSITOR? WHO IS THE TRUSTEE? WHO IS THE TRUST? 
There has never been an assignment of mortgage or transfer of note to XXXX XXXX. Furthermore, XXXX XXXX  disputes XXXX XXXX XXXX and states that XXXX XXXX  does not own the mortgage or the note. There has never been an assignment of mortgage or transfer of note to XXXX XXXX XXXX, XXXX. There has never been a legal or valid assignment of mortgage or transfer of note to XXXX  XXXX XXXX XXXX, XXXX. There has never been an assignment of mortgage to XXXX XXXX XXXX XXXX XXXX. This leaves the assignment of mortgage from XXXX XXXX XXXX to XXXX XXXX XXXX XXXX, XXXX as the last known valid, undisputed assignment of mortgage. 
Wells Fargo Home Mortgage, XXXXNC aka XXXX XXXX XXXX ( the originator of the mortgage ) is claiming it did not originate the mortgage. The official records of XXXX XXXX Florida, the title insurance policy and the loan documents from closing, prove otherwise. 
Wells Fargo Home Mortgage , Inc employee, XXXX XXXX, in a letter dated XX/XX/XXXX states the investor for the account is XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX has stated XXXX XXXX is the investor. A letter dated XX/XX/XXXX from Wells Fargo employee, states The lender listed on the note is XXXXXXXX XXXX  XXXX XXXX. Through a series of name changes and or mergers portions of XXXX XXXX XXXX XXXX XXXX XXXX and the whole of XXXX XXXX are now known as WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, NA. This is a discrepancy in information from the employee response in XX/XX/XXXX, who states no information exists. 
I want this matter resolved. It should have been resolved in XXXX when it all started. XXXX Mortgage, XXXX claims Wells Fargo Bank, NA is the CUSTODIAN for the collateral loan file. 
I look forward to your response.

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