Consumer complaint received 2021-04-27
Product: Mortgage — VA mortgage
Issue: Struggling to pay mortgage — 
Company: WELLS FARGO & COMPANY (CO)

I have attempted to communicate with the Mortgage Company about this situation several times. I have received no feedback, except for the repeated explanation that they can not share any information, because my name is not on the mortgage. All mail regarding this situation has been addressed to the Grantor, who has been deceased since XX/XX/XXXX. I finally received mail actually addressed to me with a form to fill out applying to be the successor of interest. This is nothing but an agreement to take on the mortgage. I have been threatened with foreclosure, but to my knowledge, the process hasn't begun. 
I will concede that communication by phone is almost impossible from my address and I am home bound. 
I finally found a mailing address for a department ( hopefully ) related to the representative assigned to me who can not understand me when I attempt to call. 
Today I mailed them the statement below, followed by sending an email to the CEO. 


Dear Mortgage Company, I, ( beneficiary ), am sole owner of ( real property ) through two quitclaim deeds, the first from the Grantor of The Trust at closing when he bought the property, XX/XX/XXXX and the second from his designated trustee, XX/XX/XXXX. 

I received the deed for XXXX the real property ) in its entirety on XX/XX/XXXX. 

I have never signed or accepted responsibility for a loan or mortgage attached to this property. 

My name has never been used in conjunction with a loan application, loan, or mortgage for this property. 

It is my understanding that the trust, a legal entity unto itself, owns the mortgage for the real property. 

I also understand quitclaim deeds are irrevocable, transfer only ownership and not mortgages, and that the borrower XXXX the trust ) can't avoid payment by unilaterally shifting that debt to a third person. 

In my last correspondence before agreeing to the quitclaim deed on XXXX XXXX, XXXX with the trustee of The Trust, I stated specifically I would not assume the mortgage for ( real property ) It wasn't until after the real property was signed over to me with the second quitclaim deed, was I informed there was a XXXX dollar mortgage attached to the property. Before the property was transferred by a quitclaim deed, I had never been contacted by the Mortgage company about assuming the mortgage, never contacted by the lender, no mention was made of the mortgage I refused to assume in XXXX, and I was assured all debts were paid. I was confident the mortgage was paid in full. 

It is my understanding that the only way to transfer a mortgage without refinancing is through an assumption of the loan, which requires lender and I assume, lendee approval and cooperation. 

I am aware that I hold the deed for XXXX real property ) and am not legally liable, nor guilty of any wrong-doing by my refusal to accept responsibility for this mortgage. 
When the Grantor died XX/XX/XXXX and the trustee became sole trustee of The Trust, there were enough assets to pay the mortgage debt.There were also assets outside the trust available to pay off this debt. 

Trustee chose not to pay the mortgage in its entirety, but made payments until all funds in TheTrust were depleted. 

Trustee did not notify me, the mortgage company, or the title holder about the deed transfer until after the quitclaim was signed and my ownership of the home was public record. 

I am aware that a trustee can be held personally liable for a mortgage if he/she did not fully disclose his/her proposed actions, or dispersed funds before settling all debts, which would be considered a breach of his/her fiduciary duties, and potentially, criminal acts.

I maintain that the trustee chose not to pay off the mortgage when The Trust held the assets to do so. I also maintain this is an attempt to force my assumption of a loan never intended to be my responsibility, by the Grantor, the lender, or the mortgage company. Therefore, I maintain the trustee was deliberately negligent in her fiduciary duty, and is personally responsible for the mortgage tied to my home ( the real property ). 

I believe the issue of who pays this mortgage is only between the trustee, the mortgage company and the lender. 



Sincerely, XXXX XXXX