Loan servicing, payments, escrow account

Posted on Posted in Complaints, Mortgage

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Wells Fargo/ASC failed to answer my questions in our previous complaints and raised additional questions which mean that we are allowed to continue to request this information until they provide the answers that we are seeking. On XX/XX/XXXX, ASC sent us a letter which stated, based on our research we ‘ve determined your account was handled appropriately and no adjustments are needed. Wells Fargo further stated, we can confirm that Wells Fargo/Americans Servicing Company ( ASC ) serviced a prior loan for the property located at XXXX. This loan was refinanced in XX/XX/XXXX. Additionally, Wells Fargo is not the investor for the current loan for the property at XXXX. Wells Fargo further stated that Wells Fargo is the Master Servicer to the securitization that holds the loan. In this case, the servicer would work directly with you pertaining to any concerns or questions. We have forwarded your concerns to the servicer, XXXX, who is responsible for all loan-level activities and decisions.
Now, on XX/XX/XXXX, Wells Fargo stated in writing that we were the servicer of your account. As the servicer, we collected payments, paid escrow items such as taxes and insurance. Wells Fargo further stated, Wells Fargo is the investor of the loan and XXXX is the trustee. Original documents are not available. We are enclosing a copy of the signed note dated XX/XX/XXXX.
Since Wells Fargo believed that they were still the current investor of our loan, per the letter that Wells Fargo sent us dated XX/XX/XXXX, did Wells Fargo believe on XX/XX/XXXX when XXXX tried to foreclose on us that they were the investor of our note? Also, did Wells Fargo or any other affiliate of Wells Fargo participate with our foreclosure? Furthermore, why did Wells Fargo fail to update their records in XXXX when XXXX became the new lender/investor which paid off Wells Fargo? We are still requesting this information in writing from Wells Fargo only and not XXXX.
With this being said, how can Wells Fargo state in wring that Wells Fargo handled our mortgage loan appropriately and no adjustments are needed? As you can clearly see, Wells Fargo failed to update their records in XXXX when our loan was refinanced. In XXXX, Wells Fargo was still reflecting and claiming that they were the current investor of our loan! So, if Wells Fargo reflected in their system that they were the current investor in XXXX, during our foreclosure process, is it safe to assume that Wells Fargo tried to foreclose on us when in fact ; they were not the current investor of our mortgage loan?
Also, XXXX in the past, has not provided the documentation that we requested. With this being said, I will not allow XXXX to answer these questions since they have not complied with our requests either. Since Wells Fargo is the Master Servicer, this means that Wells Fargo is over the servicer, XXXX which makes your company able to answer these questions since these questions are regarding Wells Fargo!
If Wells Fargo fails to answer our questions in writing truthfully, I request a full investigation into this matter. If any wrong doing has occurred, Wells Fargo must be held accountable for their actions but not limited to the following ; fines being imposed, loss of business license, lawsuit, criminal charges filed and incarceration.
Enclosed is documentation for your review.

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