Consumer complaint received 2024-06-04 00:00:00
Product: Mortgage — FHA mortgage
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: CO

Complaint narrative:
My Grandma recently passed away on XX/XX/XXXX after living in an XXXX XXXX XXXX  facility since XX/XX/XXXX. After her passing, our family discovered an XXXX XXXX XXXX banking account that Grandma owned, which no one in the family had previously known about. My Aunt, Grandma 's primary caretaker, received an XXXX Statement for XX/XX/XXXX showing a monthly mortgage deduction of {$2300.00} from the XXXX  Account to a Wells Fargo Mortgage Account. Grandma 's name is not on or associated with the Mortgage account and Grandma never had any mortgage products with Wells Fargo, which was confirmed on XX/XX/XXXX by Wells Fargo Branch Manager XXXX XXXX who wrote a letter to that effect. It is my understanding these deductions began around XX/XX/XXXX, roughly 17 months after my Grandma entered her XXXX XXXX XXXX and have continued ever since totaling losses of {$40000.00} at this time. XXXX confirmed that the ACH was initiated at Wells Fargo and I was able to obtain ACH Trace # XXXX and Pay ID XXXX associated with the ACH deduction. 

I contacted Wells Fargo with case # XXXX and worked with XXXX XXXX as my case manager with a request to investigate any potential banking error that may have led to this mortgage withdraw, to stop the monthly ACH deduction, and return unauthorized funds that were paid from my Grandma 's XXXX  account to this unassociated mortgage at Wells Fargo. XXXX contacted me last week to inform me that the ACH would not be stopped. I am not authorized on this mortgage account ( which I will refer to as XXXXXXXX XXXX XXXX mortgage account ), nor was my Grandma authorized for changes/access to XXXXXXXX XXXX XXXX mortgage account, and only the account holder or their personal representative can authorize stop payment of the ACH. I was informed that due to consumer privacy laws, Wells Fargo could not share the signed authorization form for consent to withdraw funds from the XXXX Account with me, nor could any other information be provided to track down XXXX XXXX or the property attached to XXXX XXXX XXXX mortgage for which my Grandma has now paid {$40000.00} and continues to be charged monthly. The XXXX account now has a negative balance after the XX/XX/XXXX ACH withdraw came out and will continue to deplete further, while also accruing negative account fees, as future withdraws continue on a monthly basis. 

I asked if any further investigation would or could continue internally at Wells Fargo regarding this fraud and missing funds. I understand that legally information regarding XXXX XXXX and the mortgage can not be shared with me personally, but since no banking error has been determined at either Wells Fargo or XXXX, this leaves fraud and/or identity theft as the only viable conclusions regarding these mortgage payments. I was told no future or further investigation would occur at Wells Fargo. I asked if I could escalate this issue to a higher internal investigation body at Wells Fargo and I was told that this case was already at the highest office of investigation. We are heading to probate and I asked if the Personal Representative paperwork for my Grandmas Estate would help us make any progress in this issue. I was told it would not, since Grandma was not listed as an authorized person on XXXX XXXX account. 

As previously stated, my Grandma is also deceased as of XX/XX/XXXX. Wells Fargo was notified of my Grandmas passing with her death certificate presented in XX/XX/XXXX to Wells Fargo when we closed her active accounts at the institution, which included 1 Checking, 2 Savings, 1 Line of Credit and 1 Credit Card Account. There were/are no other active accounts in Grandmas name at Wells Fargo .

I have also opened a police report with XXXXXXXX XXXXXXXX Police Department case number XXXX With all this background information in mind, my complaint/request is as follows : 1. Why has the ACH which was initiated on Wells Fargos side not been stopped, even though notice of my Grandmothers death has been provided. Does this signed agreement end at death? If so, why is it still active? 

2. I would like the ACH to be stopped to prevent my Grandmas XXXX Account from going further into the negative. 

3. I would like Wells Fargo to further investigate the fraud and/or identity theft occurring to my Grandma from XXXX XXXX mortgage account since they are the only entity with visibility to XXXXXXXX XXXX  account information and history. I would assume if this individual is committing fraud and/or identity theft against my Grandma, they are likely to have other victims as well. 

4. I would like full reimbursement of any previous funds paid to the mortgage account from my Grandmas XXXX account. Currently the known amount is just over {$40000.00}, but there XXXX be other transactions associated with this mortgage or fraud that are unknown to me at this time. 

5. I would like any fees associated with the negative balance on my Grandmas XXXX XXXX XXXX account reimbursed in full 6. Based on the evidence provided and the conclusions of the internal case investigation at Wells Fargo showing no banking error and no association with my Grandma to XXXXXXXX XXXX or his/her mortgage, along with the ACH agreement likely containing standard language that the agreement ends at death, Wells Fargo is knowingly and willingly aiding and abetting fraud and/or identity theft at their institution by refusing to investigate this issue further or be helpful in any way to tracking down the criminal engaging in these activities. 

I have attached the following documents to this complaint : 1. XXXX XXXX for XX/XX/XXXX - front & back 2. Letter from Wells Fargo Branch Manager XXXX XXXX confirming no mortgage accounts have ever been opened by my Grandma at Wells Fargo 3. A small claims affidavit demonstrating that I am the next of kin I did not attach, but I do have, Grandmas Death Certificate. It was already given to Wells Fargo and should be visible on their end, but I did not want to attach this document in this portal due to personal identifying information such as SSN, DOB, etc.

We are going to probate and I will be the Personal Representative for this estate. I will provide that documentation to Wells Fargo once it is provided to me by the courts. Thank you for your assistance in helping to resolve this issue.

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