Consumer complaint received 2025-04-20 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: WELLS FARGO & COMPANY
State: NY

Complaint narrative:
To : Consumer Financial Protection Bureau RE : Case Number : XXXX Complainant : XXXX XXXX Date : XX/XX/year> Subject : Rebuttal and Request for Further Review Companys Inadequate Response to Affidavit and Complaint Dear CFPB Representative, This correspondence serves as a formal rebuttal to the companys response dated XX/XX/year>, regarding my original complaint and supporting affidavit, submitted XX/XX/year>. 

The companys response does not fully address the following material issues raised in my Affidavit of Truth and Complaint : Failure to Acknowledge Arbitration Clause and Contractual Violations : My affidavit and attached materials clearly reference an existing arbitration clause. The company has refused to acknowledge this provision and continues to pursue foreclosure in contradiction to the contractual agreement, thereby violating the Federal Arbitration Act ( 9 U.S. Code 1 et seq. ).

Refusal to Address UCC Claims & Secured Party Status : As per the Uniform Commercial Code, I have filed and perfected my security interest with a properly recorded UCC-1 Financing Statement. The company has failed to rebut or recognize my secured party status or the accompanying notices of private interest. This violates rights afforded under UCC Article 9.

Disregard of Affidavit and Truth-in-Lending Violations : The response omits any discussion of the alleged TILA violations and fails to rebut or contest the sworn affidavit, which stands as truth in commerce unless rebutted point by point. Per the Maxims of Law and Federal Rules of Civil Procedure, an unrebutted affidavit stands as fact and judgment in law.

Refusal to Correct or Clarify Credit Reporting Issues : While the company claims the foreclosure reporting has ceased due to obsolescence, this does not address the original illegitimate reporting, nor the inaccuracies regarding the default timeline, outstanding balance calculations, and the basis for collection.

No Address of Exhibit A Mortgage Audit Findings : The mortgage audit ( attached as Exhibit A, pages 49-50 ) reveals significant accounting discrepancies, which were ignored entirely in their response.

Fair Resolution Requested : I request that the CFPB require the company to provide a full and point-by-point response to my sworn affidavit and supporting evidence. Specifically : Immediate cessation of all foreclosure activity pending arbitration review.

Recognition of my secured party status and validation of UCC-1 filings.

A thorough investigation into TILA violations, accounting discrepancies, and audit findings.

A corrected credit report reflecting the true and lawful standing of the account, including removal of any invalid public record.

A written response that addresses each element of the affidavit and exhibits already submitted.

I am prepared to escalate this matter through additional legal channels if it is not properly addressed. Please include this rebuttal in the case record and notify the company of my ongoing objection and demand for full redress. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX  Secured Party Authorized Representative, All Rights Reserved Without Prejudice

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