Product: Mortgage

3 years ago, my husband went through Chapter  XXXX  bankruptcy. I did not. Even though I did n't, because my husband is party to our house payment, the note servicer, Caliber home loans can not report to credit agencies, nor charge any late fees.     My perception was that the only reason I should pay the note on a monthly basis was because it was the right thing to do. There appeared to be no negative consequence as long as I continued to make payments. I was never informed otherwise by the loan servicer. In fact, we never even received a statement of our account for the  three  years, either. I only received an annual statement telling me what my new payment would be each year.     We had a modification agreement which expired in  XXXX , so it became imperative to refinance. Our payment jumped from about {$1600.00} per month to about {$2500.00} per month, or from 3.25 % to 7.1 %. We started  XXXX   XXXX ,  XXXX  to do a VA refinance loan. A VA loan requires the house to be in near perfect condition and the house had a huge pest report of {$26000.00} that needed to be cleared.     ( We were never told by our new loan originator that we would be having a payment history provided  by Caliber home loan s to the new lender. Of course, had we known that we would have made sure that the payments were made earlier in the month. ) Since my husband and I did not have {$26000.00} we decided to do all the work ourselves which took us until  XXXX   XXXX , of  XXXX . This was the day the inspector was to arrive to inspect. Many days prior to that we re 15 hour days fo r each of us and we worked every waking minute until the pest inspector arrived.     Although it was typical that I made each payment in the latter part of the month, during the last week of the month of  XXXX   XXXX , I attempted several times to make the payment online, after my day 's work was completed. Each time, the site was down for maintenance. The on screen message was that they were doing a little work on their own house.     Finally it got to be the  XXXX  and this time the site was up. I made the payment successfully and I have a message that I have done so, both in my personal email, and in my online account w  ith Caliber home loans. I have attached both.
None the less, because Caliber does n'  t post payments the same day they are made, they are reporting me as 30 days late for the  XXXX  payment, even though they posted my payment only 28 days after it was due and I made it on the  XXXX  day of the month. I made the  XXXX  payment also on the  XXXX  and it was not marked late.   f No where in the original note, does it state that a payment made late will be reported late to a credit bureau. No where in the original note does it define the concept of a reporting period, or that a 28 day month is the same as a 31 day month in terms of reporting or for any other point. This is just servicing company policy.     I have spoken to the Assistant Vice President for Customer Complaints,  XXXX   XXXX , who in turn spoke to the Vice President of Communications.  XXXX  is sympathetic, and the  XXXX   XXXX   XXXX  agreed that I was right in theory, however they still refuse to correct my credit report, because " if they did it for me they would have to do it for everybody ''.     In other words, they could fix this, but they wo n't.     California  LAW states I am correct. See attached letter  from my attorney,  XXXX   XXXX   XXXX , stating  Civil Code.      Additionally, in order to obtain my new loan, I was required to provide a copy of the original note, also attached.     I was told by  Caliber that it would take 5 to 7 busin ess days. I requested it  XXXX   XXXX ,  XXXX . It took until  XXXX   XXXX  to arrive. They would not email it to me, it had to be delivered b y USPO s ervice. It was dated  XXXX   XXXX , but not postmarked until  XXXX   XXXX ,  XXXX . Another arbitrary   Caliber policy.
I was able to obtain that same note in 5 b  usiness HOURS by EMAIL, from the original lender,  XXXX   XXXX . I feel the delay on the part of the servic  er, Caliber, is because I am paying 7.1 per cent and that every day they delay is to obtain more money from me.
Further, the attached response from Caliber to my attorney, says that they will respo  nd in the time allowed by law. My attorney states that this is an indefinite period.     Again, I feel they are dragging this out, in order to collect as much interest from us as possible.     If they do n't agree to change it, we will not be able to refinance f or 11 more months.      Please help us resolve this matter.