Consumer complaint received 2015-11-25
Product: Mortgage — FHA mortgage
Issue: Loan modification,collection,foreclosure — 
Company: WELLS FARGO & COMPANY (NJ)

Around the end of XXXX early XXXX, I contact Wells Fargo to obtain a payoff for my mortgage. I spoke to a representative that gave me the what I owed, but stated that they could not give me a final number as they had to request a payoff and I would receive it in the mail. 

I received a payoff statement in the amount for around $ XXXX. I accepted an offer of {$380.00} for my home, enough to cover the first and second mortgage as well as all of associated fees. 

On XXXX XXXX, my lawyer contacted me to inform that there was a problem as there was a third mortgage on my home. I was taken back as I did not take out a third mortgage. My lawyers office went on to state that it may have been a mortgage modification. I stated that yes, I did request a loan modification, but I was under the impression that amount was put back into the mortgage and a third loan. They forwarded me the signed documents. I immediately contacted Wells Fargo who stated that it was my responsible not theirs. 

Upon my own research I found out that Wells Fargo was responsible for informing me of the partial claim, as part of my payoff. The XXXX HUD XXXX letter section k, stated that they are to contact HUD and inform me of the partial claim as part of my payoff, which they did not. The HUD website also states that the lender, is obligated to contact HUD whenever a payoff is requested and inform me of that amount, again they did not. 

I contact Wells Fargo again and made a complaint in which the assigned to XXXX XXXX. I spoke to XXXX and he said that he had to research the matter. I followed up with XXXX a few days later, in which he stated that Wells Fargo research stated that I 'm responsible for contacting HUD and Wells Fargo is not responible or are they going to pay any funds that I am out of pocket. I asked where did this information come from and I was told that it came from HUD as well as Wells Fargo research dept. I asked for the name of the person that he spoke to at HUD and he could not provide it. I asked for the contact information at Wells Fargo research and again, he could not provide it. I asked if there was someone else I could speak to and he said no. I informed XXXX that if there was no one else that I could speak to in regards to this matter, that I would have to take matters into my own hands and this is when XXXX became very disrespectful stating that it is not his fault that I could n't pay my mortgage and required a loan modification and that Wells Fargo is not responsible and will not help me. I told XXXX that there is no reason to be disrepectful, he stated that he was not being disrespectful, just stating facts. I went on to say that there is no need for us to continue this conversation, if there is no one else that I can speak to in regards to this matter then there is no need to continue with our conversation wished him a Happy XXXX and hung up. 

After talking to Wells Fargo, I called HUD stated that yes they see in the mortgage letter XXXX, that Wells Fargo is responsible for informing me of the partial claim.