Consumer complaint received 2017-01-11
Company: WELLS FARGO & COMPANY
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
The bank has been trying to foreclose on her apartment for the last six years. The first foreclosure was dismissed due to fact they had used XXXX XXXX the robo-signing attorney to try to steal the apartment and could not produce the original note. We have maintained the property over the last six years. We are the heirs to our daughter 's Estate. The case was refiled and was at issue. We were never served by the court my wife and I. We located the attorney ad litem that was supposed to defend our interest XXXX XXXX XXXX, XXXX, XXXX. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX XXXX. He referred us to XXXX A Struass XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, FL XXXX XXXX where we met with both attorneys. XXXX told us he could not defend us and recommended his friend XXXX. We asked XXXX our attorney ad litem to inform the court that we wanted to defend or position as heirs of the estate and he refused. Instead XXXX insisted we needed to hire his friend XXXX to represent us. When we failed to give XXXX or XXXX the business due to lack of funds. It seems XXXX took retaliatory action against us and got the trial moved to an earlier date then the original docket stated and allowed the court to foreclose on the apartment XX/XX/2015 for a XX/XX/XXXX sale date, knowing we wanted to defend our interest for the estate. XXXX XXXX also runs the XXXX XXXX XXXX out of his law offices and wanted to get the real estate sale business from this transaction. We are a XXXX XXXX couple with no home of our own living on social security. We are asking the CFBP to investigate this case stop the sale of the property and over-turn the foreclosure due to attorney mis-conduct and mis-representation. 
The bank claims it has been unable to contact us but has never tried. Wells Fargo has our phone number and email. We also met Wells Fargo legal team in court this month and they never reached out to make contact. It is not legal or fair lending practice to the Estate of XXXX XXXX that owns the mortgage to not have the right to bid on the property like the banks investor hedge fund did for {$460000.00}, when the property is worth {$250000.00} more. Essentially robbing the Estate of XXXX XXXX and its heirs and creditors of {$250000.00}. The property in question is still in the name of the Estate of XXXX XXXX and the bank has illegally entered the property. Changed the locks. Started remodeling. Pulled permits. On a property they have no legal right to open and enter. The apartment is not in the name of the bank or a new owner. They apartment is now being offered for sale by XXXX XXXX XXXX XXXX # : XXXX for {$720000.00}. The apartment is still in the name of the Estate of XXXX XXXX. The bank and the buyer have not been able to transfer title, do to its illegal actions. The Estate feels it is do all remedies available to it by law. Breaking and entering changing the locks without authorization of the Estate which still legally owns the property. They also remodeled the kitchen and bathrooms illegally. Please help the Estate of XXXX XXXX our deceased daughter.

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