Consumer complaint received 2025-01-30 00:00:00
Product: Mortgage — Conventional home 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: FL

Complaint narrative:
To whom it my concern at Wells Fargo Home Mortgage ( this will be used as evidence in the event of litigation and future lawsuit is filed. 

I am writing to formally demand the release of the home equity associated with the above-referenced loan account, based on the legal rights provided to me under the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., as well as relevant Supreme Court case law regarding improper or inadequate disclosures and the rights of borrowers in the context of home equity.

It is officially alleged that Wells Fargo Home Mortgage made a misrepresentation of an intent to preform some future action ( meaning the " bank '' made a promise to pay XXXX XXXX XXXX, the living flesh and blood woman. 
Wells Fargo Home Mortgage/WELLS FARGO did not really have the intent at the time that that promise was made i.e. ( the promise was false ) case law see : Beckwith, supra 205 Cal. App 4th...

1. Truth in Lending Act ( TILA ) Violations Under TILA, lenders are required to provide clear and accurate disclosures about loan terms, including interest rates, fees, and the total cost of credit. In the case of Jesinoski v. Countrywide Home Loans , Inc., 574 U.S. 259 ( 2015 ), the Supreme Court clarified that a borrower may exercise their right to rescind a mortgage loan if the lender fails to properly disclose critical information required under TILA. Specifically, Jesinoski established that failure to provide accurate disclosures entitles borrowers to rescind a loan, which could include any home equity liens attached to the property.

It is my understanding that the necessary disclosures and information required under TILA were either incomplete or not provided in full during the initiation of my loan agreement, and therefore, I am exercising my right to demand the release of the home equity.

2. Request for Release of Home Equity As a result of the above violations, I hereby demand that your institution immediately release any lien or encumbrance placed on my property in connection with this loan. I am asserting my legal rights under TILA to ensure that the equity tied to my home is properly released and cleared of any existing obligations arising from this loan.

3. Legal Precedent and Consumer Rights The Jesinoski decision reinforces my position by recognizing that borrowers have the legal right to rescind a loan when the lender fails to meet disclosure obligations, and that such a rescission is effective regardless of whether the lender accepts or denies the request. The Court ruled that the three-year period for rescission is triggered when the borrower is not provided with the requisite disclosures. Given the potential violations in this case, I assert that my right to release of equity is governed by these principles. 

Furthermore, the failure to act in accordance with the legal protections set forth by TILA can have significant consequences for the lender, including liability for damages. As established in Sherman v. Dovenmuehle Mortgage , Inc., 656 F.3d 480 ( 7th Cir. 2011 ), the law provides remedies for the consumer, including the release of equity in cases where disclosure failures have occurred.

4. Demand for Action In light of the foregoing, I formally demand that you release the lien on the home and the associated home equity immediately. Please provide written confirmation that the lien has been removed and that no further obligation remains on the property. If I do not receive a response within [ 15 ] business days, I will be forced to consider all available legal remedies, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), or pursuing legal action for the release of equity.

Thank you for your prompt attention to this matter. I look forward to your immediate response confirming the release of my home equity. 

Sincerely, XXXX XXXX XXXX, Agent, Attorney-in-fact on behalf of XXXX : XXXX and XXXX XXXX in addition , I would like the record to show these references and case law : Remington Investment, Inc v. Hamedari ( 1997 ) Cf. Light v, Stevens Van Fleet-Durkee , Inc v. Oyster ( 1952 ) Affiant claims that Wells Fargo Home Mortgage and Fannie Mae are in Breach of contract Breach of Fiduciary Dty Committing Fraud Estate Embezzlement Promissory Fraud in addition Affiant would like the record to show forth the following laws as well and for them to be placed into evidence : 2 1Title 4983 85 and 86 Title 18 241 and 242 Ignorance of the law is no excuse The practice of law is an occupation of common rights CC :

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