Product: Mortgage

This is a formal complaint against DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL XXXX LOANS, XXXX, MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, XXXX XXXX, A NATIONAL BANKING ASSOCIATION, their agent XXXX Bank XXXX XXXX BANK, XXXX XXXX Division XXXX and XXXX BANK XXXX Foreclosure Division. This complaint is based on the ILLEGAL FORECLOSURER SALE OF OUR HOME. Here are the facts : 1 ). In XXXX of XXXX we submitted a Hardship Application for review by XXXX BANK ( XXXX ). In XX/XX/XXXX our monthly mortgage payment of {$2200.00} for XX/XX/XXXX was returned via a letter from XXXX stating, " do not make any further payments until your Hardship Application ( HA ) is reviewed, and a decision is rendered. We have always felt that XXXX should have never returned or monthly payment, and we should have been allowed to continue making our monthly payments and adjust the payment after a decision was rendered on our HA. This led us to losing our house and home. AND NO ONE IS TO BLAME BUT XXXX BANK, THEY SET US UP TO FAIL. 

2 ). In XX/XX/XXXX, we received a call and XXXX XXXX representative who instructed us to resubmit the HA with only my wife 's information since she is the client. And to be sure to have all documents updated. 
3 ). XX/XX/XXXX, a revised but new HA was submitted to XXXX LM - time lapsed and file closed. XXXX XXXX XXXX representative stated we are allowed only 30 days to complete the review. XXXX resubmitted. 
4 ). In XXXX XXXX, I received a call from XXXX, now instructing us to submit a HA with both out info and to make sure that I include a letter stating what I contribute to in the household. 
5 ). In late XXXX early XX/XX/XXXX, a revised HA was submitted to XXXX. Per XXXX time lapsed and file closed. XXXX XXXX resubmitted. 
6 ). XX/XX/XXXX, XXXX, per XXXX LM requesting for additional documents. NO FORECLOSURER SALE DATE SET. ( NFSDS ) 7 ). XX/XX/XXXX, XXXX, documents submitted. Per XXXX LM time lapsed and file closed. XXXX resubmitted new XXXX and XXXX. 
8 ). 3/29XX/XX/XXXX, XXXX, Per XXXX LM request additional tax documentation requested and NFSDS. 
9 ). XX/XX/XXXX, XXXX, documents submitted. Per XXXX LM time lapsed and file closed, resubmit new HA and NFSDS. 
10 ). XX/XX/XXXX, XXXX, per XXXX LM submit a new HA and NFSDS. 
11 ). XX/XX/XXXX, XXXX, I called XXXX to check on the status and per XXXX LM the file closed due to missing or expired documents. I explain that XXXX letters were dated at least 7-10 before we received them in the mail. And the turnaround time to request and send back documents to XXXX was only a few days before the review file was too close. Even if I faxed the documents, it took at least XXXX days for XXXX XXXX to receive them from their fax center. I then requested an extension, and I was told, No. I had to get all documentation into XXXX as quickly as possible before the 30 days expired. XXXX. 
12 ). XX/XX/XXXX, XXXX, per XXXX XXXX XXXX. 
13 ). XX/XX/XXXX, XXXX, per XXXX XXXX resubmitted new HA/HEMP and NFSDS. 
14 ). XX/XX/XXXX New HA faxed to XXXX LM. 
15 ). XX/XX/XXXX, XXXX, I called XXXX XXXX, XXXX and I left a msg we fax the new HA. XXXX. 
16 ). XX/XX/XXXX, XXXX, per XXXX XXXX XXXX waiting to receive documents from the Fax Center. It may take XXXX days to be sent over. XXXX. 
17 ). XX/XX/XXXX, XXXX, per XXXX LM SPC contact attorneys in Hawaii and see if there is a hearing we need to attend. XXXX. 
18 ). XX/XX/XXXX, XXXX, per assistant to XXXX XXXX attorney, no hearing date set and continue to work with XXXX LM. XXXX, 19 ). XX/XX/XXXX, XXXX, request from XXXX XXXX XXXX for additional documents. XXXX. 
20 ). XX/XX/XXXX, called XXXX XXXX spoke with XXXX to verify LM received requested documents. XXXX 
21. XXXX, I called XXXX LM XXXX XXXX XXXX to verify receipt of requested documents. XXXX. 
22 ). XX/XX/XXXX, XXXX, sent new HA again via email to XXXX XXXX. 
23 ) XX/XX/XXXX, XXXX, sent new HA again via email to XXXX XXXX XXXX. 
24 ). XX/XX/XXXX, XXXX, continue to work with XXXX XXXX XXXX on HA review. XXXX. 
25 ). XX/XX/XXXX, XXXX, per my conversation with XXXX XXXX XXXX instructed to resubmit HA. Done via email. XXXX. 
26 ). XX/XX/XXXX, XXXX, email requesting a stay on XXXX XXXX of XXXX of XXXX and resubmitting HA with supporting documents. XXXX. Request from XXXX XXXX XXXX. 
27 ). XX/XX/XXXX, XXXX, request from XXXX on balance due at XXXX XXXX XXXX 2nd mortgage. XXXX. 
27 ). XX/XX/XXXX, XXXX, Per XXXX XXXX XXXX requested MY last 2 paystubs and last 2 months bank statements. XXXX. 
28 ). XX/XX/XXXX, XXXX, Per XXXX XXXX XXXX requested last 2 months bank statements from XXXX. ( COMMENT INCLUDED IN XXXX ) : I believe this completed all required documents for my Hardship Application review. XXXX. 
29 ). XX/XX/XXXX, XXXX, Per XXXX XXXX requested additional bank documents. XXXX 30 ). XX/XX/XXXX, XXXX, emailed bank statements sent to XXXX XXXX XXXX. XXXX 31 ). XX/XX/XXXX, XXXX, emailed my wifes XXXX XXXX XXXX into her checking acct and bank statement sent to XXXX XXXX XXXX. XXXX. 
32 ). XX/XX/XXXX, XXXX, Per my conversation with XXXX XXXX XXXX this morning, as I stated we have not filed our XXXX taxes as of yet. And my Lost/Profits are as follows : submitted to you on XX/XX/XXXX : XXXX, XXXX to XX/XX/XXXX last day work at XXXX. ( XXXX XXXX XXXX XXXX XXXX XXXX ). The following dates no work due to XXXX XXXX : by the Emergency Order of the Governor to Quarantine ; XX/XX/XXXX - XX/XX/XXXX closed due to XXXX XXXX, XXXX - XX/XX/XXXX closed due to XXXX XXXX, XXXX - XX/XX/XXXX closed due XXXX XXXX, XXXX - present. XXXX 's XXXX extended till XX/XX/XXXX, return to work not yet known. XXXX 33 ). XX/XX/XXXX, XXXX, secured email from XXXX. 
34 ). XX/XX/XXXX, XXXX, secured email from XXXX. 
35 ). XX/XX/XXXX, XXXX, secured email from XXXX. 
36 ). XX/XX/XXXX, XXXX, emailed requested documents from Bank XXXX XXXX. 
37 ). XX/XX/XXXX, XXXX, emailed wifes bank statement showing the amount of her XXXX deposit. XXXX 38 ). XX/XX/XXXX, XXXX, re-emailed wifes bank statement showing the amount of her XXXX deposit. XXXX 39 ). XX/XX/XXXX, XXXX, XXXX, XXXX is requesting a letter from XXXX mortgage bank with the current balance. XXXX 40 ). XX/XX/XXXX, XXXX. email to XXXX, XXXX, XXXX, Ive been trying to fax a revised Hardship packet to your processing department and the XXXX XXXX XXXX XXXX location ) is not connecting. They are getting a constant busy signal. I will attempt to fax out again on Monday after work or Tuesday. 
41 ). XX/XX/XXXX, XXXX, email to XXXX, XXXX, XXXX. Since last talking with you many months ago. Ive tried reaching out to you to get a status update on our Hardship Request. But to no avail, I have not been able to reach you by phone. So this is why Im emailing you. 
First, this is the contact numbers i have and for whatever reason they are no longer working in Hawaii : 1 ). ( XXXX ) XXXX pre-recorded message says, no longer a working number. 2 ) ( XXXX ) XXXX. We connect to the main welcome message, but once I say I know my party. And I enter your name or extension the call drops. I have since moved to dayshift hours XXXX to XXXX HST and I still can be reached at XXXX. Any update information or status on our case, would be greatly appreciated. FYI : Today, XX/XX/XXXX a gentleman who never identified himself, came to the house, stating your mortgage company instructed him to come to the house and verify someone was living in the house. He then asked my wife if she was the owner and she told him yes. He then left. Was this gentleman a rep of XXXX, as he never stated the mortgage company, and is there anything urgent that we need to address with you. Please advise me ASAP by contacting me via phone or and or by email. 
42 ). XX/XX/XXXX, XXXX, XXXX secured email from XXXX, LM. XXXX 43 ). XX/XX/XXXX, XXXX, recd XXXX, LM Here is our reply : Thank you for your email of XX/XX/XXXX. I want to reiterate that it is still our intention to keep our home. The last 20 months have been difficult for everyone in our country and the world as we all navigate the challenges of XXXX. Communicating with XXXX was a time impossible through no ones fault. We will be submitting a new application packet to XXXX by early XXXX, as there have been some changes to our circumstances. Thank you for continuing to work with us. Should you need to reach us, you can email me or call me at XXXX XXXX. 
XXXX ). XX/XX/XXXX, XXXX, email to XXXX, XXXX, yesterday XX/XX/XXXX at XXXX HST my phone rang with the caller ID indicating the call was from you- XXXX XXXX. As I reached to answer my phone, which only rang twice, and I said XXXX. The call was terminated on your end. I immediately attempted to return your call, only to be connected to a recording say, The number you are dialing, is not available in your area. I then called my wife to see if she received any form of communication from you, XXXX, and she said no. I informed my wife that my phone rang only twice and ended. With no voicemail any message left. Thus, the reason for my email. Being New Years Eve, and a 5 hrs difference in time zone, I will be attempting to reach out to you on Monday, XX/XX/XXXX, around XXXX HST. I wish you and all who are helping us with this Hardship Request, a very Happy XXXX XXXX. 
45 ). XX/XX/XXXX, XXXX. email to XXXX, XXXX, Im reaching out to you after attempting to speak to via the phone. I left a voicemail at the XXXX XXXX XXXX center. Then upon calling back later in the day, once again the following phone number ( XXXX ) XXXX, went to a recording that say the number Im dialing is not available from the area Im calling from. Do you have an alternate or direct line that I may call to speak with you or a representative in XXXX XXXX regarding our XXXX XXXX. I can be reached at XXXX, between the hours of XXXX XXXX  to XXXX XXXX. XXXX. Thank you for your time and effort in working with us, during these difficult times. 
46 ). XX/XX/XXXX, XXXX, email to XXXX, XXXX, XXXX per our conversation regarding our Hardship application and a letter sent to us for additional information, we have not yet received your letter. The only letter we have received is dated XX/XX/XXXX, NOTICE OF RIGHT TO RECEIVE COPY OF XXXX REPORT. Please call me at XXXX asap so I can get that information from you. XXXX. 
47 ). XX/XX/XXXX, XXXX, recd secured email from XXXX, LM. XXXX. 
48 ). XX/XX/XXXX, the week of, I called to XXXX, LM, to check on the status of our hardship application regarding our first mortgage. At that time, I was informed that the application had lapsed, and that I needed to resubmit with a new application with all new documentation. And that I could complete the online application. 
49 ). XX/XX/XXXX, XXXX. email to XXXX, LM, I am writing to you on behalf of my wife, property address : XXXX XXXX XXXX, phone XXX-XXX-XXXX. Two weeks ago, Id spoke with your representative. In that conversation, I was instructed to go to XXXX webpage and complete the online Hardship Application. As I read the instructions to submit the online application, I called XXXX LM today to verify my wife did not have an online account. And spoke with your representative who now tells me that I CAN NOT submit the online Hardship Application. Because we are in XXXX XXXX - Foreclosure. And I would have to download, print, and submit the XXXX XXXX by mail or fax. Please understand that this is very frustrating and confusing, being told one thing that week, and something else this week. And a six-hour difference time zone. Giving us only 30 days to get all documents to you is sometimes difficult. I will follow up and get the XXXX XXXX to you ASAP. 
50 ). XX/XX/XXXX, XXXX, I called XXXX, LM, at approximately XXXX XXXX, I spoke with XXXX XXXX XXXX who confirmed receipt of our application and I confirmed with her that it is our intention to keep the home and refinance the loan through XXXX XXXX XXXX. 
51 ). XX/XX/XXXX, XXXX, email to XXXX, LM Dear Sir or XXXX, please be advised that we just spoke with the XXXX and per their representative it takes at least XXXX to XXXX business days before we receive the benefit statement showing proof of income. As soon as we receive this document, we will fax over the XXXX XXXX for your review. Thank you for your patience and understanding in this matter. 
52 ). XX/XX/XXXX, Recd a call from XXXX XXXX XXXX, stating that the HA had lapsed, and we needed to resubmit a new HA again. XXXX. 
53 ). XX/XX/XXXX, XXXX, email to XXXX, XXXX, New request from XXXX to verify wifes benefits income. Again, response time XXXX days out. 
54 ). XX/XX/XXXX, XXXX, download HA from XXXX, 55 ). XX/XX/XXXX, XXXX faxed to XXXX, LM. 
56 ). XX/XX/XXXX, XXXX, email to XXXX, XXXX, to whom it may concern. Please be advised at XXXX HST XXXX XX/XX/XXXX, we have faxed to you an updated HARDSHIP APPLICATION for your consideration. If you should need any additional documentation or information, please feel free to contact me at XXXX. 
57 ). XX/XX/XXXX, XXXX, recd secured email from XXXX, XXXX, XXXX XXXX 58 ). XX/XX/XXXX, XXXX, faxed this letter to XXXX, XXXX, addressing items 1, 2, 5 and 6 of your letter dated XX/XX/XXXX XXXX ). XX/XX/XXXX, XXXX, email to XXXX, LM dear sir or madame, please be advised that we have resubmitted our hardship application for your review. The application was faxed to XXXX on. XX/XX/XXXX, at approximately XXXX PM. We formally request that the XXXX, Foreclosure proceedings with the sale date of XX/XX/XXXX, be postponed until a decision is made regarding our hardship application. As we are doing everything possible to keep our home and work with XXXX in this matter. We look forward to communicating with you more in the near future to assist us during this hardship time in our lives. Thank you for your understanding and assistance in this matter. 
60 ). XX/XX/XXXX, XXXX, recd secured email from XXXX, LM. 
61 ). XX/XX/XXXX, XXXX, Motion filed with XXXX XXXX XXXX STATE OF HAWAII, to CANCEL AND RESCHEDUKLE FORECLOSURE SALE OF XXXX XXXX XXXX XXXX, XXXX, XXXX CASE # XXXX XXXX. Document emailed to XXXX BANK XXXX, FORECLOSURE SECTION 62 ). XX/XX/XXXX, XXXX, recd secured email from XXXX, LM. 
63 ). XX/XX/XXXX, XXXX, phone call to XXXX, XXXX, Im attaching an email I received on XX/XX/XXXX at XXXX am from XXXX BANK, Lost Mitigation. Upon reviewing the email and calling XXXX, XXXX XXXX on XX/XX/XXXX, as requested. I spoke with XXXX Representative informed me that our account was backed out at XXXX XXXX and went over the XXXX XXXX step by step with me. XXXX XXXX further stated that we needed to resubmit the XXXX XXXX asap with XXXX, XXXX XXXX for reconsideration of a modified payment plan. And this would take about 30 days to do so. We are currently working on the instructions XXXX LM Rep gave me so we can get the Hardship application into XXXX asap. 
64 ). XX/XX/XXXX, XXXX, Reinstatement letter ( our last name, our address and civil case number ) from local attorney. 
65 ). XX/XX/XXXX, XXXX, I forwarded email to attorney L from XXXX, XXXX regarding to continue to work with XXXX, LM. 
66 ). XX/XX/XXXX, XXXX, XXXX secured email from XXXX, LM : RE : EXTERNAL : Re : Reinstatement letter XXXX. 
67 ). XX/XX/XXXX, XXXX, I emailed XXXX, XXXX, XXXX and LM Representative. I received an email from XXXX LOST MITIGATION after I opened the secure line, XXXX stated that there was an error in processing the connection. I will call the LM on XX/XX/XXXX before closing. 
68 }. XX/XX/XXXX, XXXX, RE : EXTERNAL : Loan # XXXX. *secure*. 
69 ). XX/XX/XXXX, XXXX, I emailed XXXX, XXXX, SPC. Just a quick note that Ive faxed the Hardship Application to XXXX Bank XXXX XXXX review we thank you and XXXX the opportunity to resubmit. 
70 ). XX/XX/XXXX, XXXX, I emailed XXXX, LM, XXXX, Please be advised that I went to XXXX to fax the hardship application to you this evening and I was informed that they were having transmission problems. We attempted twice to fax out the copy but was not successful. I will attempt again tomorrow, Saturday. XX/XX/XXXX, in hopes that it will be able to transmit. Ill send you an updated email to you just to let you know if it went through or there is still trouble in the transmittal. 
71 ). XX/XX/XXXX, XXXX email to XXXX, XXXX, XXXX. Please submit copies of our utility bills. 
XXXX ). XX/XX/XXXX, XXXX, explain why we recd this email from : XXXX Bank XXXX This is to inform you that you are eligible for federal mortgage assistance plan ( Loan Modification ). Here are the details of the plan, please go through the terms & conditions. 
Terms & condition of the mortgage assistance program. ( Loan modification ) 1. Regular monthly payment will be lowered by 20 %. 
2. New interest rate 2.25 %.

3. Monthly back due payments if any will be adjusted towards end of loan.

4. Skipping any payment on the scheduled date, will suspend this plan immediately.

5. Escrow to be paid if it is negative. 
_____________________________________________________________________________________________ A federal attorney is assigned for you. Who will be authorized to approve your loan modification. You will be provided with an approval of XXXX trial loan modification payments. Skipping any trial payments on the scheduled date, will suspend the loan modification on immediate basis. 
For any further assistance feel free to call your assigned representative. 
XXXX XXXX - ( XXXX ) XXXX. 

73 ). I was served AN EVICTION NOTICE from a person claiming to be the new owner of my home.

73 ). This includes countless faxes, totaling nearly {$1500.00}.

74 ). And Hundreds of phone calls as early as XXXX in the morning. 

LEGAL NOTE : MY HUSBAND IS SPEAKING ON MY BEHALF, AS I AM A XXXX VICTIM AND XXXX.