Complaint Review: Wells Fargo Bank NA-Wells Fargo Home Mortgage

My nightmare began in 1998 and is still continuing. I was injured at my job and unfortunately have been on total disability since. In 1999 due to the financial situation and still not approved for disability I filed a Chapter 13 Bankruptcy. Trying to work with customer service was unbearable. The people were rude, nasty and demeaning to say the least. Every month I dreaded making the call to them advising that my income is still the same, I have not received any approval on my benefits.
FINALLY in November of 2000 I received a LOAN MODIFICATION that was in effect from Dec 00 thru May of 2001.
This is where the fun begins and still is ongoing:

Under a loan modification agreement your payments are a set amount until the last payment of the repayment plan. RIGHT?! WRONG. The first two payments were in fact $150 more than the amount noted. The 3rd payment I was told to send in a different amount and when I asked "Why" the reply was to just pay it, you are behind in your payments and I argued that my payments were made and already applied to the account. This fell on deaf ears. I received statements during this time and it kept showing that I was behind 2 or 3 months and late fees were being added and again I was back on the phone getting nowhere and told to pay this amount and that and no explanations as to what was going on. I was told to just pay it or legal action would be taken against me. So thru this whole LOAN MODIFICATION my payments kept changing until the last two months.

I received my FIRST Motion for Foreclosure scheduled for June. This motion stated I was behind from March 2001 thru June 2001. It also states that my late fees were $44.48 per month for 3 months. OK all Wrong! My payments were made, my late fees were only $22.24 per month, not $44.48. I was under an agreement, made my payments on time, there were to be NO late fees.  In June I was told to make another payment again not what my regular payment was - $100 more. I submitted 3 payments that month because they kept telling me my account was past due. At this time I was not aware that my account was put into a suspension account! There was NO reason for a motion brought against me. I paid accordingly.

I received a SECOND motion for a hearing set January 2002. TWO in a six month period. This motion states I was behind for Nov and Dec, again stating the incorrect amounts of late fees doubling them. This motion was dated Dec 19, 2001. On November 30 a payment over the requested amount was made including $22.24 for late fee.  In December I submitted TWO checks that were NEVER posted to my account, one for the regular payment and an additional payment to get my account out of SUSPENSION! I couldnt believe it. I paid the modification agreement always submitting more than was agreed upon in the contract I signed and continued to make my monthly payments.....

WHY was I in suspension....NO one would answer my questions, i was switched from department to department and getting nowhere. Then I noticed that my statements started showing $15 fees just listed as other. I went back over my statements and this started in January 01 while I was under a signed contract agreement with them and making my payments. Again back on the phone for hours, and no one would give me an answer as to what these charges were. Finally I was switched to the "Executive Office" and was told these were inspection fees on my property because I was in DEFAULT on my account. I went over everything that happened and was told they have the right to inspect on any property that was behind on payments. They were protecting their investments. WHAT A JOKE.

Eventually I found out that my account was in a constant suspension mode because they were taking out these so called inspection fees and lates fees, and the best of all ATTY FEES, first instead of applying my payments to the note first which mean principal, interest and escrow. They did not do this. They violated banking laws. To add insult I had a surplus in escrow and they refused to send it to me. They stated it was applied into my suspension account because i was in default. For this year alone I overpaid them over $2000 due to their unethical accounting procedure. They submitted TWO unwarranted motions against me while first under a signed modification agreement and then second not posting two checks that cleared my bank. These are all errors on their part.

In January 2003, and June 2009 TWO more motions brought against me.

In January more posting errors occured. Under protest because I could not resolve the issues with anyone in customer service or with the attorney on file I submitted a $425 check for their attorney costs plus an outrageous amount for supposed past due payments. Without my knowledge they took out an additional $150 for attorney fees.
Again my account was in constant suspension and my payments were not being posted. Under this motion they stated I did not pay Oct (paid and posted on the 18th including late fee) stated I did not pay Nov (paid and posted on the 29th including late fees, and stated I did not pay Dec (paid and posted on 12/23 including late fees)

They in turn came back and stated that i was in suspension because I did not pay the legal fees of $425 which as stated I paid on a separate check UNDER PROTEST. This check cleared and posted on 3/17. So again put into suspension and a motion brought against me. For this year I overpaid them over $1300.

In 2004 after my Chapter 13 was PAID in full and discharged, my account was charged an additional $1476. I called again and complained and argued and got no answers. I was furious and outraged with their responses. They would not tell me what these charges were. Just that I had to pay them. I found out that these were BANKRUPTCY fees, that were not paid. These are listed under Corporate Fees. I refused to pay this amount. I was told that these fees were agreed upon under my original mortgage packet and I was responsible, I was told that payments were to be made to the trustee to cover this fee and I didnt. I provided documentation that states Wells Fargo is not authorized to collect these fees. I submitted the discharge papers and statement of all the creditors owed and Wells Fargo was not one of them. I submitted what my monthly payments were to the trustee and my mortgage payment was NOT included. I found documentation on how Wells Fargo plays this game and submitted this to the OCC.

In October 2009 they refused to refund my full surplus escrow amount stating i was behind in late fees. I blew it. I have had it with this company. I have overpaid them thousands of dollars. I was under a new loan modification with them for 2008-09 due to a major decrease in money. I was told not to pay Decembers payment and work with them until April. I had no choice I had to trust that this time it would work out. It took almost a full year to get this modification and I had help this time with HUD. We could not get anywhere and it was frustrating to say the least. They kept saying I did not submit all the forms, my statments from SSD and tax forms, did not forward a hardship letter. All this was done thru HUD and still they gave me the run around, so when December came and promised they would work with me I had to try it. I was so wrong.

I will not let this company steal any more of my life. I will not let this company stress me to the point of illness. I am fighting back. I have submitted all this documentation and breakdowns going back to 1998 (i even overpaid them and didnt know it) to the BBB, Federal Trade Commission, FDIC, OCC, Attorney General of New York, Attorney General of Iowa, Attorney General of Florida, Superintendent of National Banking.

Wells Fargo has sumbitted rebuttals and all you guys out there will love this one. Going back to 2001 they actually stated they made an error of $766 for overcharging me in legal fees. Can you believe it....Of course they did not send me this money they applied it to my outstanding CORPORATE FEES they say I owe. But if I did not start this process of fighting them, this money would still be sitting in their pockets.

I have only completed 1998 til 2002 and cant believe the discrepancies I have found. I have overpaid thousands of dollars to this company.

They have lied on their responses to me. I have used their figures and took all my banking records and proven beyond a doubt how they have stolen money from me. I used their account activity sheet, had copies of checks i submitted, their online account payment history and have proven how checks were not posted on a timely fashion sitting on someones desk and them adding unnecessary late fees.(a check sat on someones desk for over 3 1/2 weeks and not posted til the following month, including this in one of there so called motions against me) They have charged me over 35 inspection fees at $15 a shot and not once ever proved they were here to do these inspections. I was told by the "Executive Office" that notices are to be left on my door. NOT ONCE!

I submitted documentation about actual cases brought against Wells Fargo about the illegal procedures they are doing to its customers. It is a violation to modify a loan modification once it is signed. It is illegal banking practice to take fees first instead of applying your payment to the note (principal, interest, escrow). This documentation states that Wells Fargo constantly puts accounts in suspension mode making it look like your account is in PERPETUAL DEFAULT. It also states that unless a debtor takes action regarding certain issues of your account, money may be owed you and will never be admitted to unless you press the issues.

It is time to fight back with this company. It is time that everyone that is getting screwed by Wells Fargo start submitting your complaints to BBB and the OCC especially. Send to everyone to get it out there. Get your bank records together, keep a list of the times you call, write down everything. Compare your records with Wells Fargo online account history. Get your account activity statement from them, DEMAND it. I DID!

FIGHT BACK!!! I know I have a lot more to do, but its out there and I will not stop complaining and fighting this company to get back what was stolen from me over all these years. They took advantage of my situation. They had motions served to me after two major surgeries and I could not fight back. I only wanted to get them off my back so I could get on with my life. I lost a lot already from this accident, but NO MORE. This company is unjust, unethical in its banking procedures and needs to be stopped. FIGHT BACK!