Consumer complaint received 2026-04-13 00:00:00
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: WELLS FARGO & COMPANY
State: PA

Complaint narrative:
For the past six months, Wells Fargo has willfully misinterpreted federal law to illegally threaten the acceleration of my mortgage loan. Despite submitting multiple Notices of Error ( NOE ), the most recent dated XX/XX/year>, the servicer continues to assert that a protected transfer of the property into an inter-vivos trust triggered a " due-on-sale '' clause. They are demanding that I formally " assume '' the loan as a condition to avoid acceleration, which is a direct violation of the Garn-St Germain Depository Institutions Act of 1982.1. Willful Misinterpretation of " Borrower '' ( 12 CFR 190.2 ( b ) ) Wells Fargo 's refusal to rectify this error stems from a narrowed definition of " Borrower '' that they claim only applies to the original signer of the note. However, federal regulations under 12 CFR 190.2 ( b ) which implements the Garn-St Germain Actexplicitly state : '' Borrower means a person who is a mortgagor, trustor, or other obligor of a real property loan, or any successor or assignee of such person. '' As the confirmed Successor in Interest to the late XXXX XXXX and XXXX XXXX, I legally " step into the shoes '' of the borrower for the purposes of these protections.2. Violation of Protected Transfer Safe HarborsUnder 12 U.S.C. 1701j-3 ( d ) ( 8 ), a lender is prohibited from exercising a due-on-sale option for a transfer into an inter-vivos trust in which the borrower is and remains a beneficiary.XXXX XXXX ( the Successor/Borrower at the time ) transferred the property to the trust while remaining the primary beneficiary.Upon his passing, I became the Successor in Interest.Because I am a named beneficiary in the trust, the " borrower '' ( myself, by federal definition ) remains a beneficiary.This transfer is federally protected and preempts any conflicting contract language or bank " approval '' requirements.3. Failure to Comply with Regulation XWells Fargo is also in violation of 12 CFR 1024.30 ( d ). The Official Interpretations ( Comment 30 ( d ) -1 ) clarify that a confirmed successor in interest must be considered a borrower for the purposes of mortgage servicing protections, regardless of whether they formally assume the loan obligation under state law. By continuing to demand an assumption under threat of foreclosure, Wells Fargo is engaging in unfair and deceptive servicing practices.Desired ResolutionI request that the CFPB compel Wells Fargo to : Cease all acceleration activities related to the transfer of the property to The XXXX XXXX Trust.Formally acknowledge my status as " Borrower '' pursuant to the definitions in 12 CFR 190.2 ( b ) and 12 CFR 1024.30 ( d ) .Withdraw the demand for loan assumption as a prerequisite for recognizing the federal safe harbor protections of the Garn-St Germain Act.Correct their internal records to show the loan is in good standing and not in violation of the mortgage contract.

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