Consumer complaint received 2017-10-09
Company: WELLS FARGO & COMPANY
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Received letter from XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW on or about XXXX XXXX, XXXX that they represent WELLS FARGO BANK XXXX, the mortgage servicer for WELLS FARGO BANK XXXX. who is the XXXX of the Note and Deed of Trust associated with the above referenced loan. They went on to say that they were authorized to represent the Mortgagee by virtue of a servicing agreement with the Mortgagee. 

XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, LXXXX ATTORNEYS AND COUNSELORS AT LAW are attempting to collect a debt as well as foreclose on our property even though they have evidence that I provided to them that WELLS FARGO BANK XXXX. does not own the Note nor Deed of XXXX. It was sold to XXXX XXXX on or about XXXX XXXX XXXX. The Deed of XXXX became void when WELLS FARGO BANK XXXX. sold the note to XXXX XXXX on or about XXXX XXXX, XXXX according to the Deed of XXXX. 

When we executed the Deed of Trust, we created a statutory Trust governed by trust law as contained in Title 9 Subtitle B CHAPTER 112 of Texas Property Code.. We named the Lender, WELLS FARGO BANK, XXXX. as the Beneficiary of the Trust, and XXXX XXXX XXXX as the Trustee. Via the Deed we granted and conveyed a $ XXXX interest in our homes property to the Trustee- which became the Res of the Trust. The purpose for the Trust was stated : To secure to the Lender the repayment of the loan, [ plus other things benefiting the Lender ] In the Trust indenture- contained within the Deed of Trust, we did not make any provision that another person or company could assume the position of being the Lender under Deed, could act in place of the Lender under the Deed, or that the Lender would be allowed to assign its beneficial interest under the Deed to another. The indenture made no provision that in the event the Promissory Note and Deed was sold, that we as Borrowers would become liable to the new note holder for performance of the covenants we had made with WELLS FARGO BANK as contained in the Deed of Trust. The indenture made no provision that in the event the Note and Deed was sold, that the new note holder would obtain or assume any beneficial interest under the Deed, that the new note holder would become a party to the Trust, or that the new note holder would obtain any right to enforce the Security Instrument. According to paragraph 20 of the Deed/ Trust indenture, the only stated effect a sale of the Note and Deed might have was that the loan servicer might change! We aver that when WELLS FARGO sold our Note, that this Trust terminated that very same day, as the Trust indenture made no provision for the continued existence and operation of the Trust after the Lender sold our Note to another, and in fact the Trust could not continue. In addition, WELLS FARGO BANK XXXX. never made us aware the note was sold. I recently learned this in XXXX of XXXX after sending several proof of claims letters and QWR According to Section 112.052 of the Texas XXXXroperty Code, a Trust continues only until the expiration of a certain time period or until the happening of a certain event and the period of time has elapsed or the event has happened. In the case of this instant Trust, paragraph 23 of the Deed indicates when the Trust would terminate : The Trust would continue until the Lender was paid all that was owing under the Security Instrument, after which event the Lender was to release of the Deed to the Borrower. The indenture made NO provision for the Trust to continue in force after the Lender received all that was owing under the Security Instrument. Rather, after no more money was owed to the Lender, the Lender was to have released the lien and returned the Security Instrument to the Borrowers. We aver that Wells Fargo Bank is in breach of this Deed of Trust as it has not released the lien and returned the Deed as per this stipulation contained in the Trust indenture. 

We aver that Wells Fargo Bank has no legitimate right to Assign the Deed of Trust to XXXX XXXX since the Trust underlying the Deed has terminated. Wells Fargo can not convey any beneficial interest under the Deed to XXXX XXXX since it has become void and is no longer a valid security instrument. Recording an assignment of a void Deed can not not resurrect the Trust nor does recording an assignment of a void instrument transfer any legal right under the instrument to another. 

Because of these enumerated facts, we demand that Wells Fargo release the lien against our property and return the Security Instrument back to us. Doing this will serve as a release of our collateral back to us. Neither Wells Fargo, its Trustee, nor XXXX XXXX have had any legal right to hold legal title to our property since our Note was sold. Plus XXXX XXXX admits to not being the holder in due course. 

This being said, how can WELLS FARGO BANK XXXX. try to collect on a debt or foreclose on property by there bank or through another agency like XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW that they are not the legal owner of and have no standing to do so? I have sent XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW documents to prove these facts as well as proof of claim they can collect and yet they continue to steamroll over us in a non Judicial foreclosure set for XXXX XXXX, XXXX and ignore any letters sent. 

A few of the question I had asked on more than one occasion are below and XXXX has not provided answers to any of them. If XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW proceed with foreclosure it would be done under tort and fraud. I tried to handle this matter privately in the eyes of equity sending XXXX double sealed inner and outer envelops and she chose to ignore my wish and go public One : Who are you? Provide evidence of incorporation, foundation, oath, bond and/or other charter ; and a : Your Company Mission Statement, and oath and bond ; and b : Your Customer service rules manual, and/or equivalent ; and c : Your [ Full ] Public Liability Insurance Policy Details ; and Two : By what authority do you claim to act and/or perform [? ] XXXX and XXXX Three : Evidence of a contract with the Estate and/or other nexus giving rise to alleged liability? XXXX and XXXX Four : Verified [ Proof ] ( Verification ) of Claim by sworn/affirmed complaint ; witness ; wet-ink seal ; XXXX and XXXX Five : A verily-true, [ full, whole, complete ] forensic tracing of the alleged account in question ; and Six : Who do you think the Estate is [? ] ( and ) Seven : Whereas : all Public immunity has been revoked ; and special immunity shall be given if-and-only-if your fruits show you provide all required and respect the eye of Equity without the Public ; therefore : show just cause to defend your comingling Public and personal ( confidential ) trust res/fund/account/property Claim ; and Eight : Show cause that absent freely-given consent to justify claiming an heir [ of a Public Document ] is a Legal/Public Person/Defendant/Title, Officer, Agent, Ward, Employee, and/or : Claim [ belief ] that a good-faith response to you is Acceptance of : Surety, Guilt, Incompetence, Commerce, Proceedings and/or Trustee to a Public Benefit and/or under Service or Oath or in any way gives jurisdiction, dominium, power, right, and/or authority without good cause as that would be a mistake :

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