Consumer complaint received 2016-06-14
Product: Mortgage — Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure — 
Company: WELLS FARGO & COMPANY (FL)

We have a current loan in place with American Servicing Company/Wells Fargo. We are currently in the foreclosure process with the courts. In XXXX of XXXX, a Final Judgement for Foreclosure was entered and our home was set for auction. At the time, we had legal representation through XXXX XXXX who removed themselves from the case just a few days prior to the trial. However, I ( XXXX XXXX ) was never notified that a trial had been set or a Final Judgement had been entered. On XXXX XXXX, XXXX the order on the Final Judgement for Foreclosure was vacated and the sale of the home set for XXXX XXXX, XXXX was canceled. Since that time, we have been working with American Servicing Company in regards to a modification. We received a modification packet from ASC to begin the request for modification. On XXXX XXXX, XXXX a letter was mailed out from from ASC stating, " Thank you for sending us your documentation supporting your request for mortgage assistance ... '' On XXXX XXXX, XXXX another letter was mailed out from ASC stating, " We 're writing to let you know we 've received the documentation you sent us supporting you request for mortgage assistance. And thank you for responding to our request. '' On XXXX XXXX, XXXX another letter was mailed out from ASC stating, " A review of your loan has been pending for considerable amount of time and we have not yet received all of the other required documentation from you. Because you have not provided the required documentation, we are unable to offer you assistance options. It is important that you contact us if you wish to continue the loan review process ... '' On XXXX XXXX, XXXX another letter was mailed out from ASC stating, " Thank you for sending us your documentation supporting your request for mortgage assistance. We 're here to help you but it 's critical that we hear from you immediately to determine what options may be available to you. '' At no time has ASC sent us a denial letter as to our request for modification nor have they provided us a letter with specific information requesting additional documents, as when requested they are then sent back to ASC. ASC/Wells Fargo has been leading us to believe they are working with us, to retain our home, as we are both employed, yet they have been moving forward with foreclosure within the courts. The dual tracking concern was brought up to the opposing counsel however they continue to move forward with the foreclosure despite XXXX not providing any documentation in writing as to a denial of the modification request via the mail. When this was addressed with ASC, their position is these are computer generated letters .... The case is set for foreclosure trial on XXXX/XXXX/XXXX despite ASC receiving the request for modification assistance, packet and documents. As homeowners, we have expressed multiple times that we want to retain the home, even after ASC representation obtained a fraudulent foreclosure. Due to our income, as we are employed, we are limited per ASC as to the programs our service provider is willing to provide. At one point, we were told at a Wells Fargo/ASC event, for one of us to quit our jobs so that we can qualify under the Making Homes Affordable Act. We feel ASC has offered modification assistance to other homeowners in our income bracket however has continued to mislead us. Previously through the courts we requested a mediation, however, at the time we were under a modification review, ASC told us if we attended the modification, we would lose any chance at the current modification in place. My husband XXXX, I XXXX, and strongly feel that ASC has chosen not to work with us, because we do n't fit the racial profile of our neighborhood. Despite the fact that ASC says we have income to make the mortgage payments, they are not willing to work out a plan to allow us to continue to make payments and remain in our home.