Consumer complaint received 2016-04-26
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: WELLS FARGO & COMPANY (ND)

To whom this may concern, My name is XXXX XXXX XXXX, I am terrified that Wells Fargo has unlawfully foreclosed on our property that we have owned for XXXX years. We just found out that we are being evicted XX/XX/2016, but we were never notified of any foreclosure proceedings. We live in North Dakota which is a judicial state ; in regards to mortgage foreclosures. Why are we being evicted when we never received any foreclosure paperwork from the courthouse, from a law firm or any other legal entity? 

We have suffered substantial financial & XXXX loss because of my husband 's XXXX medical issues caused by a car accident resulting in a XXXX XXXX XXXX. At this time he is in the hospital and we 're not sure when or if he 's coming home because of the severity of his condition and complications thereof. 

This nightmare began about a year ago with Wells Fargo when we were experiencing financial difficulties and began the process of attempting to obtain a home modification. After months & months of submitting and resubmitting documentation over & over again, we could never get the same person to give us any kind of update on what was transpiring with our modification. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' Countless phone calls, voice mails, faxes, XXXX submissions, no returned phone calls, etc. were wearing us down while my husband 's medical conditions worsened. Why could n't we get any one person to handle our account while the past due payments accrued along with late charges. There were even times when we tried to make payments and our checks were returned to us. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ''. Why were n't we assigned a single point of contact to assist us in saving our home? 

XX/XX/XXXX, we received a letter from a relocation co. offering us money to voluntarily leave our house to avoid the eviction process. How could this be? We were never notified of a foreclosure!!! We had been trying for months to get a modification! 1024.41 ( g ) Dual Tracking is prohibited. " Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure. 1024.39 Early intervention requirements for certain borrowers - I do n't feel that Wells Fargo has ever provided us with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. 

Not only were we not properly considered for a modification but we did n't get ANY notifications concerning a foreclosure or any alternatives to avoid a foreclosure. I strongly believe that Wells Fargo has unlawfully foreclosed on our home of XXXX years. This egregious, deceptive and inexcusable handling of our mortgage has put us in a position of panic and uncertainty if we may soon be homeless with nowhere to go while my husband lies in a hospital XXXX. 

My XXXX sons and I are completely freaking out realizing that someone may come over to our home and force us to leave the premises. We have nowhere to go! We can afford our payments, we just need Wells Fargo to put it back on track like they said they would when this nightmare began. 

Please help us!!! 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, ND