Consumer complaint received 2017-05-09
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: WELLS FARGO & COMPANY (NC)

We are filing a complaint again st Wells Fargo ( WF ) and agent for WF,  Substitute   XXXX   XXXX   XXXX   XXXX   XXXX    (   XXXX   ),  is attempting to execute an illegal foreclosure on my primary residence.  XXXX , failed at the hearing before the clerk, to prove the followi ng four eleme nts : The existence of a valid debt ; A default ; A right to foreclosure under the instrument ; and A notice of the hearing has not been given to those who are entitled to receive notice. WF and  XXXX , failed to respond to a certified mail qualified written request, dated  XXXX   XXXX ,  XXXX , which will confirm that the debt was not validated. Validation is necessary whether it be judicial or non-judicial foreclosure. I was able to acquire a copy of my Deed of Trust none the less and there is no power of sale clauses within.   Please also note that  XXXX , has failed to provide proper notice of sale as follows : The notice of sal e must be published once a week for at least two successive weeks in a newspaper in the county in which the property is situated, with the last publication being not more than ten da ys before the sale.   When we applied for a loan modification in  XXXX  of  XXXX , I was denied due to not enough income in  XXXX . I was able to reapply with an increase in income due to my daughter offering contribution of approximately {$700.00}, and my loan was denied in  XXXX  of  XXXX , WF, stating that the payments are already affordable and that now I make enough money to afford regular payments. This entire process is the perfect definition for oxymoron. Furthermore, I have found additional income that can be prov ided and WF, refu ses to review my loan for assistance. In fact they have denied me the ability to file an appeal regarding my  XXXX  loan modification denial, stating that Im only allowed  ( 1 ) appeal per loan modification review. In fact Ive been told this by multiple agents of WF , on  XXXX   XXXX ,  XXXX , agent  XXXX   XXXX  and again on  XXXX   XXXX ,  XXXX , agent  XXXX   XXXX .   These types of abusive action and the part  of WF,  has forced my home into inevitable foreclosure on  XXXX   XXXX ,  XXXX . The actions are also violations Under  Rule 702 of the   North Carolina mortgage lending rules.   It is also a fact that my loan was originated with  XXXX   XXXX , with a 7.95 % interest rate, and later allegedly sold to WF. There are no recorded documents with the  XXXX   XXXX  land records that would indicate this process was completed properly, which  may be  the reason why WF, failed to respond to my qualified written request dated  XXXX   XXXX ,  XXXX . This request specifically demanded proof of assignments, sales affidavit and or bailee letter attached to the Note.     I have lived in my home for almost 20 years and, I will file a civil lawsui t against WF an d  XXXX . I demand that the sale date be halted and that I be considered for modification review. My loan rate is still almost an 8 %, and my loan has not been modified under the terms of the national mortgage settlement of  XXXX , which involv ed WF.