Wells Fargo

June 10, 2010

To whom it may concern:

I have recently had a tremendously bad experience with Wells Fargo and I do not know where else to turn except to the multiple complaint agencies and the public.

Last year the economy hit me and my partner, Joe Michael Gauna, very bad. He lost his job as an assistant educator and inadvertently caused us to fall behind in payments. Wells Fargo Home Mortgage graciously agreed to help us with a “Loan Modification.” I made my payment religiously on time every month. When I called in January to make my monthly payment, I was told that I was no longer to make any payments. My modification was canceled because I did not return some paperwork. I assured the woman I spoke to on the telephone that I did not receive anything from Wells Fargo that told me I needed to return. She understood and said she would set me up on another loan modification. She then told me about the multitude of different programs our there to include one that was instituted by the Obama Administration to ensure that consumers are not payment more than their fair share on mortgages. I requested to be reviewed for that particular modification and she agreed this would be the best for my situation, at the time. She asked me to call in about a MONTH to determine if I received a loan modification. In an effort to avoid any more late fees or delinquency I asked if I could continue to send in my payments. She respectfully said to save the money to ensure it was available for the modification. She indicated that all payments made at this time would be returned and not accepted by Wells Fargo Home Mortgage.

I called at the beginning of February and was told that my loan modification was declined because I had a Federal Tax Lien on some property. Well, I was surprised because this was the first home I had ever owned and I never had any other property. The woman I spoke to at Wells Fargo sent me a Non-Identity Affidavit to have signed and notarized by the my County Courthouse. I missed work and took it to the Courthouse immediately. They pulled the information and found the tax lien was on a different property and under a different social security number. I immediately faxed all this paperwork to Wells Fargo on February 22, 2010, and confirmed it was received with their representatives. I again waited for almost a month and was told I was declined a modification because I had a federal tax lien on my property.

Frustrated, I faxed in all my information again, confirmed it was received, and again was told to wait. I called another month later (now in April) and was told that I was denied because of my federal tax lien. I spoke with the representative for about an hour and it was determined that I indeed sent in the information proving this was not my lien on February 22, 2010, and the representative indicated they would resubmit. I waited again and then was told that my home would be foreclosed because NOW not only did I have the federal tax lien, but I also was past the acceptable amount of months you could be behind for Wells Fargo to help you.

Well, I explained this was of no fault of my own. Wells Fargo kept denying me and denying me any sort of relief. I kept calling and they kept confirming that paperwork was received but I kept getting denied. Then I was told this was my fault and I was the one who had to work with the Federal Tax office to ensure the lien was removed. Thinking ahead, I had already contacted the Federal Tax office and faxed over my paperwork on March 4, 2010. However, when I called they said it would be months before they could process anything…this was their standard procedure. Because I was met with this adversity from Wells Fargo, I called the Federal Tax office and (not) to my surprise they never received my faxed paperwork. Although I have a conformation sheet indicated the fax went through okay. I also verified the number with the Federal Tax Representative and in a very very casual way she said, “well I guess we just didn’t get it.”

So, stuck between a rock and a hard place I tried to turn for help but all the doors were closed. Who wants to get involved into a mortgage dispute at this time. NO ONE. Because I work for one of the BEST Company’s in America, I turned to them for help. The only thing I was able to do was liquidate my 401K, my future, my retirement, my life. I requested a hardship withdrawal of $30, 000.

I called the Foreclosure Attorney for Wells Fargo, Barrett, Daffin, Frappier, Turner, and Engle, LLP, and spoke to Luis. He could not have been nicer. He said he would send me a pay off quote but I needed to call Wells Fargo to take the payment of $30, 000 because I would have been short about $2, 000 which were the late fees and attorney fees. LATE FEES, I was not late! Wells Fargo would not take my money! So, I called Wells Fargo on May 20, 2010, and spoke to Jordan. He was so helpful and understanding. He called my bank to ensure the money was there and also checked with his supervisor to ensure he could make the transaction. Jordan then told me that my account would be updated and I would receive a new bill. Actually, he indicated my monthly payment would be lowered. I WAS HAPPY MY HOME WAS SAVED; or so I thought.

I called back on June 2, 2010 and was told by the Loss Mitigation department that my $30, 000 was just sitting there in what they called a SUSPENSE ACCOUNT. I explained that I was told that I was going to receive a new bill. The woman in the Loss Mitigation department indicated that my account no longer belonged in Loss Mitigation because I paid a substantial amount and she would ensure the $30, 000 was applied to my account so that I could start making monthly mortgage payments.

I called back a week later and was told that my account was in foreclosure status. I asked why and they indicated I was short about $2, 000 and needed to call the Foreclosure attorney’s office. I called the office and was told there was no notes that LUIS told me to call Wells Fargo and that I was mistaken. I was concerned about saving our home. I was making certain every detailed was followed and I even asked follow-up questions to every indicating, “ARE YOU SURE THIS IS THE PROCESS?” Everyone always assured me I was on the right path.

I have been back and fourth with Wells Fargo. I have spoken to Managers who promised to help me (Tim and Octavio) and I received no help. I actually spoke with Octavio for a very long while and he seemed genuine and said he would call me back. HE NEVER DID….ANOTHER PROMISE BROKEN. I requested to speak with Executives many time and was always told no one knew who they were but they would give me an address. I didn’t want an address…I wanted to speak to someone. I wanted someone to LISTEN TO ME! I even was transferred to a Tracy Starling Berry who was supposed to be an Executive and she didn’t even return my call.

I believe all of the actions by Wells Fargo are BAD FAITH. My $30, 000 was taken, with a promise that I would be making my regular monthly payments. I was told by the Loss Mitigation department that my account no longer needed to be in their department and I could start making my monthly payments. I was promised a call back by Octavio, a supervisor, and he NEVER called me back. I left a message for Tracy Starling Berry, who is supposed to be a leader of this organization, and I didn’t get a call back.

I have done everything everyone has asked. I am tired, depressed, lonely, scared, hurt, and out of my mind. I have not been able to interact with people normally because of this poor service. I believe I will soon lose my home because no one will listen or help.

Desperate,

Abelardo Rodriguez, Jr.
607 West Magnolia Avenue
San Antonio, TX 78212
[protected]