Consumer complaint received 2015-05-25
Company: WELLS FARGO & COMPANY
State: TX
Product: Debt collection
Sub-product: Mortgage
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
I purchased a home in XX/XX/XXXX as an investment property. The house was paid for in cash and there is no mortgage on the house. I have a clear title on the property and purchased title insurance when I bought the house. On XXXX XXXX the tenants in the house received a letter from a foreclosure attorney, XXXX, XXXX, XXXX, XXXX and XXXX, stating Wells Fargo was beginning foreclosure procedures. I called the Wells Fargo Dept. number on the letter from the attorney and no one at Wells Fargo could find anything associated with the property address. I involved my Wells Fargo Private Banker and met with her with all the closing paperwork and the letter from the attorney. She made a number of phone calls on my behalf. It took her being transferred to multiple people for someone to finally find a mortgage associated with this property address. Wells Fargo would not give me any information on the mortgage holder due to privacy restrictions. The mortgage is around 10 years old, and is not associated with the people I purchased the house from. Based on public tax records, the property has been sold multiple times since the Wells Fargo mortgage was taken out. The Wells Fargo mortgage did not come up in the title search done when I bought the house. I was told by Wells Fargo on XXXX XXXX a case would be opened on this issue and I would receive a phone call with the Case # and an update. I waited for 8 days and never received a call from Wells Fargo. I called on Wednesday, XXXX XXXX and got information that a case had been opened but because I was not the mortgage holder she could not give me any information on the case and I should seek legal counsel. I explained I do n't care about or need any information on the loan or what Wells Fargo decides to do with it. It 's not my loan, so there is no liability to me. I understand the privacy issue of only dealing with the people who are on the loan. I asked to be provided XXXX piece of information, confirmation that Wells Fargo is going to cease foreclosure proceedings on my house immediately. I was very clear given it 's my property, I should be able to get that information. Wells Fargo indicated I was not entitled to any information. On XXXX XXXX I emailed the head of Wells Fargo Mortgage and received a call back on XXXX XXXX. The person I spoke with also told me they could not give me any information on the case. On XXXX XXXX I contacted the XXXX County Tax office and explained the situation. A clerk went through all the previous title and deed documents and found a court order from XX/XX/XXXX with a judgment in favor of XXXX of the previous owners/mortgage holders against Wells Fargo. The judgment states that due to lack of response from Wells Fargo on a suit filed by the owner on their mortgage, the ruling was that Wells Fargo must release the Lien on the property and close out the mortgage. The court documents were signed by a Wells Fargo representative and also sent to the attorney, XXXX, XXXX and XXXX ( the same attorney handling the foreclosure now ). I sent the Court Order to Wells Fargo on Friday, XXXX XXXX demanding they immediately stop foreclosure on my house. It appears that Wells Fargo never closed the mortgage and now 6 years later is trying to foreclose on a house they do n't own. They are direct violation of a judge 's order. As of XXXX XXXX the house is on the Foreclosure Auction site. My tenants are being harassed by people showing up at the house trying and purchase it. It is supposed to auctioned on XXXX XXXX.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation