Consumer complaint received 2016-12-06
Company: WELLS FARGO & COMPANY
State: NJ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I am filing a complaint regarding unfair practices and errors regarding the servicing of my mortgage loan by mortgage company. These unfair practices, bullying and errors have resulted in them not allowing me to process payments, applying payments by me incorrectly or not at all, and then prematurely placing me in foreclosure. They placed certain codes on my file for a repayment plan I could not afford so that when I declined the plan and made a payment they would hold the funds in a suspense account until the amount was made for the repayment plan. I repeatedly stated I did not want the repayment plan but they left me on it, then when I tried to make a payment, I was told since I did not make the repayment plan payment in the month ( 3rd ) month it was due, the plan broke and I denied and my file was referred to a foreclosure attorney. I was " scolded '' by " my case manager/property preservation specialist '' because I did not answer his calls for a week. He told me, " you did n't answer my calls for a week, I was calling to take your last repayment plan payment. '' I told him again I was not on a plan and he stated " you were but you broke it when we did n't receive the 3rd trial payment and now your file is in active foreclosure. '' He proceeded to state " you have to reinstate the loan or we can help you short sale it or do a deed in lieu. '' I requested a supervisor stating it was an error and I have gotten nowhere, the person I complained to said verbally, " we have researched your file and you were on a repayment plan and it broke and the file is in active foreclosure correctly. '' I have also received letters stating the same. This is incorrect and they have been bullies, unfair and made several errors with my account. Them stating I have been denied because I did n't make the last repayment plan payment is unfair and a huge error as I had been making payments just fine until they erroneously kept me on the repayment plan in their system and did n't apply payments timely/properly causing the account to go further into default so they could tack on foreclosure attorney 's fees. I was told by the supervisor " you were told you could appeal the repayment plan but you did not. '' I stated to him " I did n't appeal because I had declined it and had confirmed with another supervisor, that we could appeal, reapply, or continue to make our regular monthly payments each month as we had been doing for the past 1 or so as long as it was not in foreclosure. '' Which my account was not at that time, nor would it be if they had not placed the repayment plan code on my file when I had declined it and when I called to make a payment I could have it processed by " the case manager/property preservation specialist handling my file. When I would call to make a payment, he would ask, " your making your repay plan payment? '' I would always state, " no my regular monthly payment. '' He stated " ok '' every time, except when I called in XXXX and he stated, " you did n't make the last repay payment and the plan broke so your file is now in active foreclosure. '' My file needs to be corrected so that I can make the regular monthly payments, the foreclosure status removed, foreclosure attorney 's fees removed, credit reporting corrected.

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