Consumer complaint received 2016-04-28
Product: Mortgage — FHA mortgage
Issue: Loan modification,collection,foreclosure — 
Company: WELLS FARGO & COMPANY (FL)

I AM A VICTIM OF PREDATORY LENDING!!! 

I have been in my home for 22+ years. I bought my home in XX/XX/XXXX. My loan was with XXXX XXXX. I put {$150000.00} down on a {$200000.00} home. With XXXX XXXX I was in a conventional loan with an ARM, interest only, negative amortization. In XXXX I was layed off from my job as an interior designer with XXXX XXXX due to the decline in the housing market. My loan was getting ready to adjust. I was fearful of defaulting on my loan, I went to XXXX XXXX and tried to take equity out of my house and was told I could not due to the tightening of banking laws. So, I went with XXXX private lenders, XXXX XXXX and XXXX XXXX, both charging me 29 % interest on the loans. 

In XXXX after coming out of a loan with private lender, XXXX XXXX, I refinanced into an FHA loan with my niece as a co-signor. The loan was with XXXX, XXXX XXXX XXXX. This was a subprime loan and was given a XXXX XXXX XXXX XXXX rating. I did not receive a good faith estimate, Truth in Lending or a Statement of Settlement Costs until I was at the closing. Most of the paperwork did not have notarizations and affidavits were missing. The broker for Access National Mortgage was XXXX XXXX in XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX is in XXXX, XXXX ; the paperwork was done by XXXX XXXX in XXXX, XXXX ; I was interviewed by XXXX XXXX in XXXX, XXXX ; and the closing was done by the Title Agent XXXX XXXX with XXXX XXXX XXXX and a XXXX XXXX, Notary Public in XXXX XXXX, FL. 

In XXXX in an effort to save my home, I took a job in XXXX as a XXXX XXXX XXXX making a third of the income I was used to making as an interior designer. I rented my house in XXXX and when my tenant moved out unexpectedly I could not cover both the mortgage and my living expenses in XXXX to cover the lapse. I was under employed and asked Wells Fargo , NA, Servicer for a forbearance or loan modification. I was advised because I did not live at my primary residence that I did not qualify for any government programs. I was told by XXXX XXXX, Home Preservation Specialist for Wells Fargo, N.A., the Servicer, I could do a loan modification dropping my payments to {$1500.00} per month. She said that I had to be behind on my payments three months, at the time I was behind one month. The modified amount would be {$700.00} less than the payment I had been making of {$2200.00} per month. I agreed. However, when I received the paperwork to sign, I realized that XXXX XXXX had failed to tell me that the property taxes and homeowner 's insurance had not been escrowed. So instead of my payment being {$1500.00} it was {$2100.00}, only {$100.00} less than what it had been before the modification. 

I called XXXX XXXX and told her that " I felt that I had been set up for failure ''. She said, " go ahead and sign the modification and you can re-modify in one year ''. I called back one year later. The new Home Preservationist Specialist was XXXX XXXX. I told XXXX XXXX that XXXX XXXX told me that I could re-modify in one year and that is what I would like to do. XXXX XXXX said I would now have to wait three years. I was told by XXXX XXXX that " if I would have my tenant put the utilities at my residence in my name that I could qualify for some of the government programs being offered ''. I knew this would be fraudulent. In XXXX, XXXX I defaulted on my loan. I sent a QWR to Wells Fargo Bank , N.A . 
two times, they responded the second time, sending the " Mortgage loan History '' only. 

I have been in litigation with Wells Fargo , N.A . since XXXX, XXXX representing myself Pro Se. I replied to their Complaint with Affirmative Defenses challenging their right to foreclose on me because of TILA, RESPA and HOEPA violations along with " Fraudulent Inducement of a loan Modification ''. Ther