Consumer complaint received 2021-07-30
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX I called Wells Fargo about the mortgage. The representative said I was eligible for a COVID-19 Forbearance. Which I gladly and gratefully accepted. I chose the option to have a second mortgage created which would be due when the home is refinanced or sold. 

Early XX/XX/XXXX I called the Wells Fargo, as it was near time for the forbearance to end. I was told I would receive loan documents in the mail and to Call XXXX XXXX, the Notary with XXXX XXXX XXXX XXXX to make an appointment to sign documents as soon as they arrive. 

On XX/XX/XXXX I received the the loan documents, however I was unable to read them as I was leaving for work. Wednesday XX/XX/XXXX, I called XXXX XXXX, the notary for XXXX XXXX XXXX XXXX as instructed by Wells Fargo Home Mortgage. He insisted that we meet Friday, XX/XX/XXXX. I requested XX/XX/XXXX Monday to allow me time to thoroughly read the documents. 

Thursday XX/XX/XXXX, I read through them quickly and saw a few things in the contract I strongly disagreed with. So I called XXXX to cancel our Friday appointment. 

I also called XXXX XXXX, the Home Preservation XXXX with Wells Fargo Home Mortgage to voice my concerns about such terms as giving up rights to notifications, notice and in particular this Compliance Agreement. He said in order for you to complete the Partial Claims Mortgage you have to sign all documents including the Compliance Agreement.

Other Home Preservation Specialist called later that day. I remember because they called right after I finished my doctor appointment XX/XX/XXXX approximately XXXX to XXXX XXXX. 

( Please see Documents In Support of Complaint Against Wells Fargo Home Mortgage 1,1A,2, 2A ) The Compliance Agreement states, Borrower agrees to correct ANY inaccurate terms or provisions of ANY and ALL documents associated with the HUD Partial Claim transaction. to execute such documents or take such action as Lender may deem necessary or desirable to remedy any inaccuracy or mistake, including without limitation, executing such documents or take such action as will enable Lender to sell, convey, seek guaranty, or market the loan to any entity, including, without limitation, the Department of Housing and Urban Development. 

... Borrower further agrees to COMPLY with ANY said request within a reasonable period of time as SPECIFIED by LENDER.. FAILURE to COMPLY shall constitute DEFAULT under the NOTE and SECURITY INSTRUMENT evidencing the LOAN and LENDER MAY PURSUE ITS AVAILABLE REMEDIES. 

There is an Errors and Omissions Compliance Agreement in the HUD Partial Claims Mortgage Packet. It is for clerical errors and does not contain such severe consequences, is specific, does not include arbitrary changes of terms and provisions, which the mortgagee is required to comply with essentially without notice.. Mortgagee would be given at least 30 days notice, also allows time to correct errors and is lawful, and a part of the required HUD Partial Claim Mortgage Packet, as opposed to the The Compliance Agreement which is NOT a part of the required HUD Partial Claims Packet and I strongly believe is illegal. Also does not give unchecked power to Lender.

The language of the Compliance Agreement along with, no notice, waiver of right to notice in other parts of the Partial Claims Mortgage Packet concerned me very much.

Worst Case Scenario : Not having any notice, because as per Compliance Agreement and Security Instrument, right to notice has been waived. XXXX shows up at the door to my home requesting that I sign documents for the Lender and submit {>= $1,000,000} immediately. Of course, more than likely I will not be able to COMPLY. Myself and/or my heirs will be immediately evicted, because this is what Lender deems reasonable, necessary and desirable. 
( Please see Documents 3, 4 and 5 Errors and Omissions Compliance Agreement, Compliance Agreement, and Partial Claim Mortgage, page 4, them12, 3rd, 4th and 5th sentences of Documents In Support of Complaint .against Wells Fargo Home Mortgage ) By signing the Compliance agreement I would be placing myself and heirs in a lose lose predicament, financial checkmate situation. My home is the only possession I have to pass down to them : Provided Im able to hold on to it without being duped by financial slicksters, who are no better than street loan sharks. At least the sharks are honest about who they are. Contained in this Partial Claims Mortgage are contradictory statements as regard to notices. To me it seems as if an agreement to give notice is later cancelled by a waiver of notice. The latter occurs more frequently in this Partial Claims Package. Perhaps that is why it is titled Wells Fargo CUSTOM Partial Claims Loan Modification Agreement.

( Please see Waiver of Notice to Accelerate page 4, paragraph 12, 1st and 2nd sentences. Of Partial Claim Mortgage. ) Under duress, with only 10 days to either sign and notarize all 5 documents including illegal Compliance Agreement and have them in Well Fargo Home Mortgage possession on XX/XX/XXXX, come up with money, while not giving up rights, find a lawyer. I should have received these documents 45 to 60 days before the end of the forbearance.

( See page 4, Paragraph 12, sentences 5,6, and 7.of Partial Claims Mortgage Documents in Support of Complaint ) Wells Fargo Home Mortgage also wants to be Attorney in Fact and Agent if the loan is accelerated and property goes to sale.

( See page 3, paragraph 7, sentences 18,19, and 20 of Partial Claims Mortgage, Documents in Support of Complaint ) I decided to pay the money, without giving up my right to the Partial Claim Mortgage Through HUD, as I did not want to put my possession of the home in jeopardy. 

I scheduled the payment to be delivered XX/XX/XXXX via my bank 's Bill Pay in order to have documentation of the payment other than Wells Fargo Home Mortgage. The amount to be paid was XXXX. 

XXXX XXXX, XX/XX/XXXX I checked my account to make sure the payment was made. The money was still in my account. XXXX XXXX XXXX  XX/XX/XXXX at the bank, I inquired about why the money was still in my account. The bank had mailed the money that morning. I thought bank to bank funds were wired and transferred automatically. I requested a stop payment on that check and decided to wire and transfer from my bank through the banker on duty. 
. 
However. After calling Wells Fargo Home Mortgage and being transferred to the Home Preservation Specialist, who would only give the Banker at my bank the wire transfer number to Wells Fargo Bank. The funds needed to go to Wells Fargo Home Mortgage. We spoke with Wells Fargo Home Preservation Specialist twice and they simply refused to give the wire transfer information for Wells Fargo Home Mortgage.

I once sent a single mortgage payment to Well Fargo Bank via Bill Pay and it still was not credited after more than 30 days. It was lost in the system. I could have lost my house had I sent this 12 month lump sum payment to Wells Fargo Bank Finally I was forced to get cash from my bank and take it to the teller window at Wells Fargo to make the 12 month mortgage payment.

This is my statement of what occurred, and the difficulty I had with Well Fargo Home Preservation trying to make the {$16000.00} mortgage payment as they know the payment should be made to Wells Fargo Home Mortgage.

( Number 6 on list of Documents In Support of Claim Against Wells Fargo Home Mortgage is my Statement of what occurred with regard to lump sum payment on XXXX.Documents In Support of Complaint Against Wells Fargo Home Mortgage XXXX See also number 7, Receipt of Payment at Wells Fargo Teller Window XX/XX/XXXX and 7A Letter from XXXX XXXX, Case Specialist, Home Lending Executive Office dated XX/XX/XXXX ) I have called several times trying to reach Well Fargos Corporate Office in XXXX XXXX. My call is always routed to the Home Preservation Specialist Department. No one has the Corporate Number and it is not available online. 

Though I did speak to a very kind representative, who escalated my complaint, and assured me I would hear from someone soon. 

I received a call from XXXX XXXX with Wells Fargo Executive Office, who was quite rude initially. We spoke XX/XX/XXXX from XXXX XXXX  to XXXX There is Wells Fargo Executive Case number. XXXX. I have a few numbers for her. Not all calls to me appear as Wells Fargo on my Caller ID. Sometimes calls are listed as Spam, but someone representing Wells Fargo is on the other end of the phone line. I have a few numbers for Ms. XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. At this point Im wondering how deep the corruption goes. 


XXXX XXXX, A Well Fargo Home Preservation Specialist took over my case. He may be a supervisor. 


I contacted XXXX XXXX off XXXX law firm. For a small consultation fee she would review the contract and speak with Well Fargo Home Mortgage about removing the Compliance Agreement and waivers of right to notice. She initially advised that the Compliance Agreement was unenforceable even if I signed it. I expressed to her I did not want to fight about the Compliance Agreement after the fact.

After I signed the Consultation Agreement, approximately ten days later, she called to tell me my case was moot since I had already paid Well Fargo Home Mortgage the {$16000.00} This conversation occurred between XX/XX/XXXX and XX/XX/XXXX. It seems like it was about the XXXX of XX/XX/XXXX. 

She indicated further representation would require a substantial monetary retainer. I did not agree that the case was moot, so I asked her not to represent me anymore, and send a letter to that effect. She put Retained in the agreement. When in actuality it was not. I merely paid a XXXX Consultation Fee and she agreed to speak with them about my concerns regarding the contract. Her paperwork also indicates for {$250.00} she is performing only a consultation. 

She never sent the letter. I did receive a notice that she was no longer representing me from Home Lending Customer Account Management, Wells Fargo Home Mortgage on XX/XX/XXXX. And on XX/XX/XXXX, I received a letter addressed to XXXX XXXX XXXX XXXX from XXXX XXXX. He makes no mention of her NOT representing me in that letter. 

I called Mr. XXXX in response to the letter and he stated, I'm trying to figure out the amount of the settlement offer ... You havent given up your rights ... Ill get back to you soon. I believe I called him XX/XX/XXXX or XXXX XXXX. 

Funny how Wells Fargo Home Mortgage Executive Office is trying to come up with a settlement offer on my MOOT case.

Ms. XXXX XXXX never informed me she would like to settle this case, or that there was a settlement in progress. She was not authorized to settle this case. 

( Please see documents XXXX9,9A,9B,10A,10B,11 of Documents In Support of Complaint Against Wells Fargo Home Mortgage. ) XXXX XXXX XXXX. 
XXXX XXXX Firm, XXXX XXXX XXXX XXXX, XXXX XXXX, Georgia XXXX P XXXX F XXXX Please Be sure to send Ms. XXXX XXXX a package as well. I could only list Wells Fargo Home Mortgage under " What company is this complaint against " Thamk you Per my conversation with Mr. XXXX XXXX, which occurred Late XX/XX/XXXX or the XXXX or XXXX of XX/XX/XXXX, I believed I was awaiting a settlement offer. 

He did send a letter on XX/XX/XXXX. However there was no mention of a settlement offer in his letter.

Mr. XXXX also sent another letter on XX/XX/XXXX indicating he had carefully researched my concerns and was now providing me a response. 

I have never indicated that I would give up any rights, and never said that I would at anytime sign the Partial Claims Agreement I have inquired as to why the word CUSTOM was included in the title of the package. 
Wells Fargo Custom Partial Claims Loan Modification Agreement I have been told by the Home Preservation Specialist Department that this title is standard. However, Mr. XXXX 's explanation is exactly what I suspected. Please see his explanation under Partial Claim Agreement, 2nd paragraph in his letter dated XX/XX/XXXX. 

Mr. XXXX version of occurrences and and my statements with regard to this Partial Claims mortgage situation are in conflict. For example I am well aware I do not have to give up any rights in order to seek legal representation in this matter. 
( Please see his letter, documents 12 and 12A of Documents In Support of Complaint Against Wells Fargo Home Mortgage. ) It was my hope that a legal, moral and ethical resolution would be achieved when Ms. XXXX XXXX of XXXX Law Firm was representing me in a limited capacity with Wells Fargo Home Mortgage. That did not happen. 

As I mentioned before, it seemed I was waiving more rights than I even had or just in case I might have a right, with regard to this Partial Claims Mortgage, and this property. 

Lastly, the Partial Claims Promissory Note, myself and heirs yet again waive right to presentment and notice of dishonor. Also included is a letter From XXXX XXXX, dated XX/XX/XXXX that was enclosed with a 2nd issue of the Wells Fargo Custom Partial Claim Loan Modification Agreement which I received on XX/XX/XXXX. 
( Please see 13,! 3A page 1, paragraph 5 in its entirety and page 2, paragraph 6 in its entirety of Partial Claims Promissory Note, Documents In Support of Complaint Against Wells Fargo Home Mortgage. ) ( Please see 14,14A, 14Q, 14B-Q of documents In Support of Complaint Against Wells Fargo Home Mortgage .

Letters received from Well Fargo Home Mortgage in chronological order are included in Documents In Support of Complaint Against Wells Fargo Home Mortgage as well mortgage statements, an payment receipt, and other documents with the financial status of the loan. Some amounts seem to be in conflict. 

I received a statement that inaccurately reflected that the {$16000.00} payment was received on XX/XX/XXXX. I brought this to their attention and the date was changed to XX/XX/XXXX in a new statement. On XX/XX/XXXX the New Principal Balance was {$180000.00}. On subsequent statements, the balance is {$180000.00}. The principal paid XX/XX/XXXX through XX/XX/XXXX, was {$5400.00} is not applied is not applied? 

( Please see Letter from XXXX XXXX, dated XX/XX/XXXX, # 2 of Document In Support of Complaint against Wells Fargo Home Mortgage WHAT COMPENSATION DO I DESIRE? 



Fair compensation would be the value of what would have been lost had I signed this illegal contract allowing Wells Fargo Home Mortgage to take my home, plus punitive damages.

I am asking that Consumer Finance Protection Bureau investigate to ascertain if other mortgagees have been affected by this same situation with Wells Fargo Home Mortgage The individuals perpetrating these heinous crimes should be punished. It is awful that someone should do this to persons who have worked hard to attain homeownership, only to be thrown out on the street to feed someone's ego and fatten the pockets of wicked, evil individuals.

Some mortgagees may have signed, not realizing the impact this contract will have on themselves and their heirs. 

Initially, I just wanted to have the 2nd mortgage placed as agreed upon last year. However, with the Home Preservation Specialist, and the Executive Division insisting that this contract is perfectly normal and standard, with malicious intent, I am hoping and praying that CFPB will investigate and find the truth.

You already know that a person such as myself is powerless against giant conglomerate corporations such as Wells Fargo. It is difficult to find persons with honesty and integrity these days. It's all about the mighty dollar. I believe in the XXXX XXXX XXXX XXXX, who is the answerer of prayer. 

I have visited your website, and I am encouraged by the description of what is done there by individuals to achieve justice. 

May the XXXX XXXX be with all o

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