Consumer complaint received 2026-02-09 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: WELLS FARGO & COMPANY
State: FL

Complaint narrative:
I am filing this complaint because Wells Fargo Home Mortgage refused to issue the escrow balance check due to me upon the sale of my property in 2023, even after acknowledging me as Successor in Interest before the sale of my property, and accepting over XXXX in mortgage payments from me before after such acknowledgement and before my property was sold. 

I have documented in the attachment how Wells Fargo has tried to avoid the funds directly available to me by various means. 

I have filed numerous CFPB complaints. I am filing this complaint because in all of its responses so far, Wells Fargo Home Mortgage has failed to explain why it is in blatant violation of CFPB own regulations, specifically with regard to Successors in Interest under RESPA rules and Regulation X. 

I submit that in the handling of my cases and those of other Successors in Interest, Wells Fargo Home Mortgage continues to violate their obligations under Regulation X RESPA servicing rules.

Regulation X 1024.30 ( d ) reads as follows : ( d ) Successors in interest. A confirmed successor in interest shall be considered a borrower for purposes of 1024.17 and this subpart.

It happens that 12 CFR 1024.17 deals specifically with Escrow Accounts and the servicing of Escrow accounts by lenders.

CFPBs own commentary on Regulation X ( RESPA servicing rules ) reads as follows : 30 ( d ) Successors in interest.

1. Treatment of confirmed successors in interest. Under 1024.30 ( d ), a confirmed successor in interest must be considered a borrower for purposes of this subpart and 1024.17, regardless of whether the successor in interest assumes the mortgage loan obligation under State law. For example, if a servicer receives a loss mitigation application from a confirmed successor in interest, the servicer must review and evaluate the application and notify the confirmed successor in interest in accordance with the procedures set forth in 1024.41 if the property is the confirmed successor in interest 's principal residence and the procedures set forth in 1024.41 are otherwise applicable. Treatment of a confirmed successor in interest as a borrower for purposes of this subpart and 1024.17 does not affect whether the confirmed successor in interest is subject to the contractual obligations of the mortgage loan agreement, which is determined by applicable State law. 2Communications in compliance with this part to a confirmed successor in interest as defined in 1024.31 do not violate section 805 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ) because consumer for purposes of FDCPA section 805 includes any person who meets the definition in this part of confirmed successor in interest.

Given these facts, Wells Fargo Home Mortgage has every reason and obligation ( under the law and CFPB rules and interpretations of law ) to issue the Escrow Balance check in my name from the very beginning as a confirmed Successor in Interest on the loan without delay, and without asking for estate documents or a Small Estate affidavit.

CFPB needs to consider the seriousness of this wilful and deliberate violation of CFPBs own regulations by a large mortgage lender, and the bad-faith obfuscation and prevarication in light of this obligation.

Large mortgage lenders know that there are many cases involving Successors in Interest where an expensive and lengthy probate process is neither required nor applicable. They furthermore know that there are states where Small Estate Affidavits can not be obtained. Therefore demands for probate documents or Small Estate Affidavits should be considered mechanisms to obstruct and delay ( in many cases, permanently ) the payment of funds due to Successors under Regulation X.

I furthermore submit that Wells Fargo Home Mortgage should be investigated not only in my case but in the cases of other Successors in Interest as well, as my own personal research has produced anecdotal evidence that lenders like Wells Fargo Home Mortgage and other large lenders are violating the requirements of Regulation X {$1000.00} ( d ) systematically.

I further submit that with the expectation that CFPB will soon lose funding, large predatory lenders like Wells Fargo Home Mortgage have been emboldened to brazenly violate not only the requirements of Regulation X {$1000.00} ( d ) but other CFPB and RESPA regulations as well, and that this should be cause for alarm to the public and to lawmakers.

I will continue to file CFPB complaints until such time as Wells Fargo Home Mortgage directly addresses its obligations under Regulation X {$1000.00} ( d ). Given that Wells Fargo Home Mortgage is obligated under this provision to treat me effectively as the borrower with regard to all escrow servicing matters, they have yet to directly address why they have not done so as required by this provision.

If Wells Fargo Home Mortgage is claiming that it is not in violation of Regulation X {$1000.00} ( d ) in my case - and in the case of any Successors in Interest in my situation- it needs to make clear to CFPB and the public its legal justification for taking this position. Barring such a clear legal justification, any response from Wells Fargo Home Mortgage should be regarded as inadequate and evidence of predatory bad-faith prevarication and obstruction.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation