Consumer complaint received 2022-05-06
Company: Caliber Home Loans, Inc.
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Caliber bank sent me incorrect modification documents, and they are aware the AZ HUD ( HAF ) is paying {$25000.00}. to reimburse expenses Caliber incurred due to missed payments as per the Cares Act/ forbearance during Covid. Caliber is extending my mortgage by 14 years, or nearly {$170000.00}. more in payments, because they will not receive the money ( {$25000.00} ) from the state of AZ for approximately 3 weeks, yet advised they still plan to keep the money from the state of AZ upon receipt. 

I am forced to sign the modification documents that they actually mailed to an incorrect address, and so had to e-Mail to me shortening the amount of time I had to review. I am told I must sign these papers, and increase my mortgage payments to Caliber by 14 years, from the 26 year balance to a new 40 year loan they never discussed with me or advised me of, even though I am now aware of a potentially fraudulent act on the part of my mortgage servicer. 

The {$25000.00} that I applied for assistance to the state for was to be used to make up for the payments not made during the forbearance period. I did not intend for the state to send that money to Caliber to have them collect it in addition to collecting 14 more years of payments from me. They are doing this with full knowledge that they are being paid twice. As they told me about this, I feel they have now made me a party to their unjust enrichment/fraudulent acts. 

The paperwork that they provided me with states that the unpaid amount of mortgage payments was approximately {$20000.00}. They advised State Of Arizona That the outstanding amount due is in excess of XXXX. They have also quoted other outstanding amounts in the area of {$26000.00}. Each time I speak with them there is a different dollar amount quoted, which is very disconcerting.

I have not been able to access my account online at Caliber bank website for nearly 2 years. They have limited access to anyone who is part of the Forbearance program. I switched to electronic access to my account just before the forbearance program/Covid struck. As such I am flying blind in this regard and can not obtain an accurate assessment of my account. I was told to send three trial payments in to Caliber bank beginning in XXXX and I have done so. I made the first payment in XX/XX/XXXX. I sent those by mail as instructed. I have made five mortgage payments, in full, with the last being made online through my bank on XXXX XXXX. 

I cant be a party to Caliber Banks plan to keep the money, but Caliber Bank has only given me until XX/XX/XXXX to mail the modification documents back to them, or are threatening foreclosure. This was per my conversation with XXXX at Caliber bank today. 

Yesterday, I spoke with a XXXX at Caliber Bank who asked me to provide her with proof that the state of AZ/HAF is/will be making the payments and approved my application for assistance. I emailed her a PDF version of the approval letter from HAF as well as a PDF print out of the XXXX1 payments being made in the amount of {$2000.00}, and one payment in the amount of {$2000.00}. The total of this is {$25000.00} being paid to Caliber bank. Regardless, I was told today that they are accepting those payments but still modifying my mortgage as if the payments are not being received. They told me I have to EITHER accept the payment from the state OR accept the modification but not both. I confirm that if I accept the payment from the state, which wont be a receipt for three weeks, they will likely put my account into foreclosure status so thats not an option. The payment from the state is not going to me its going to Caliber bank anyway. Accepting one or the other which is not even possible in my case. Yet, they are doing BOTH, taking the payment from the state of Arizona and taking 14 additional years of payments from me.

They are well aware of this yet are continuing to tell me that these are my options. I have no options. Theyre forcing me to sign the modification knowing that they intend to take the states money and keep it even though its not legal for them to do so. 
This is not only reimbursement from two different individuals/entities for the same loss but the bank is knowingly involving me in this, when I applied for assistance from the state, but never to assist Caliber in committing fraud.
I dont have any good option in this case, as Caliber is forcing my hand. 

When I repeated this back to XXXX today at Caliber Bank and asked her if this is truly what they expect of me and intend to do, she said basically yes, the only other option is my account will go into foreclosure status, I was appalled. 

I need assistance, please! 

Are they doing this to other homeowners in my same situation?

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation