Consumer complaint received 2017-09-28
Company: WELLS FARGO & COMPANY
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
It appears a fraudulent foreclosure is taking place. Wells Fargo has hired XXXX XXXX XXXX XXXX XXXX XXXX, XXXX   practicing attorney XXXX XXXX XXXX is planning to use a non-judicial process to foreclose on my property XX/XX/XXXX on the County court house steps. Wells Fargo has no standing whatsoever to foreclose. As a servicer they sold / transferred the note to XXXX XXXX on or about XX/XX/XXXX without any notice to us. I learned about this on or about XX/XX/XXXX and ask Wells Fargo on several occasions to validate the debt and show proof of claim. Once proof of claim was established the debt will continue to get paid as a servicer. Due to the fact of who owns the note, the debt stopped to XXXX XXXX XXXX XXXX until they can prove they were the holder of the original note or prove it was sold to XXXX XXXX. Correspondence went back and forth many months, all chain of custody sent either Certified or Registered. A representative of Wells Fargo was asked on numerous occasions to Provide evidence of incorporation, foundation, oath, bond and/or other charter, Their Company Mission Statement, and oath and bond, Their Customer service rules manual, and/or equivalent ; and Their [ Full ] Public Liability Insurance Policy Details ; and By what authority do they claim to act and/or perform [? ] ( and ) Evidence of a contract with the Estate and/or other nexus giving rise to alleged liability? ( and ) Verified [ Proof ] ( Verification ) of Claim by  sworn/affirmed complaint ; witness ; wet-ink seal ; ( and ) A verily-true, [ full, whole, complete ] forensic tracing of the alleged account in question ; and Who do they think the Estate is [? ] When I learned XXXX XXXX purchased the Note I demanded Wells to release the lien The Deed secured to XXXX XXXX XXXX. the repayment of the loan. After Wells sold the loan, they were not owed any more money, so the purpose the trust was created for was concluded. The reason for the existence of the trust became moot. The trust terminated. XXXX XXXX XXXX. should have released the lien and reconveyed the Deed back. Wells breached the terms of the Deed! The Deed made no provision for the trust to continue after Wells was not owed any more money. The Deed made no provision for it to secure payment for a new creditor. Attached are a few pieces of documentation for your review and can more can be provided if requested. There are also several copies of the Deed of Trust. At least 2 out of 7 copies of the Deed of Trust appear to be different signatures including data left off in comparison of the others. 

It would appear that XXXX XXXX XXXX. and their Attorney have breached several code violations, US Code of Federal Regulations, U.C.C. - ARTICLE 3 -3-501 ( b ) 2 ( 1 ), U.C.C. - ARTICLE 3 -3-302, potential USC Title 18 Chapter 25 Providing a photocopy of a security instrument is not only unconscionable but is illegal, mail fraud, Truth in Lending Act pursuant to 15 USC 1601-1667j ( full disclosure ), Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ), RESPA ( 12 USC 2601 and Regulation X at 24 C.F.R. 3500, and The Gramm Leach Bliley Act to name a few. This is just the tip of the iceberg we have a right to know who the true party of interest in this transaction is, and as a consumer we deserve answers in addition to XXXX XXXX XXXX. needs to return the " original '' Deed of Trust back. What makes things worse is " others '' will be held liable for committing any type of fraudulent activities due to both XXXX XXXX XXXX. and the law firm. 

We would also like to know is the sponsor for the CREDIT to finance the land/house in a so-called loan and MORTMAIN STATUTE STAPLE CONTRACT known as the mortgage agreement If you need anything else please feel free to ask. Some files were uploaded for you to evaluate this matter. There is a lot of correspondence if you would like to see additional documents. 

Best Wishes XXXX

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