Consumer complaint received 2018-07-06
Company: FIRST HORIZON BANK - WEST CONGRESS STREET BRANCH
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX, owned by Iberiabank ... re : XXXX XXXX Ln # XXXX  Initially, I sent a letter to XXXX XXXX advising them of our financial hardship in XX/XX/XXXX. The hardship initially was due to a car accident in which my partner was rear-ended off the freeway, at a stop light. The cause/driver had slammed into his rear-end at 70 mph. A month later he suffered seizures which were being caused by XXXX XXXX XXXX, and XXXX XXXX XXXX, which resulted into XXXX XXXX XXXX over time and his inability to work for nearly 2 yrs.

My initial request for assistance began in XX/XX/XXXX ; they acknowledged the request in late XX/XX/XXXX. During the interim, several attempts for assistance were pursued with the lender to resolve assist in our hardship delinquency. My loan originated over 15 yrs. ago, having been sold to different lenders at least 3 times. I have never had a point of Contact for Iberiabank or XXXX XXXX   Loss Mitigation Departments.

During this timeframe I pursued all avenues for mortgage assistance. I contacted HUD, Greenpath, Keep your Home California and several additional programs offered to distressed homeowners. After several conversations, I was referred to a Supervisor with HUD who advised me that neither XXXX XXXX/Iberia Bank were participants which cooperated with any HUD programs available. The Supervisore did, however tell me to contact my lender to see if they could provide me with a one-time exception to my loan to participate in HUD programs ( Iberiabank/XXXX  ) which would enable HUD to step in. She assured me that HUD could then provide me with any financial assistance needed.

Prior to last XX/XX/XXXX, my FICO score was XXXX. Because of her ( supervisor 's input ) I was encouraged to immediately write to Iberia/XXXX  requesting the one-time exception to my loan, to comply with HUDs requests to me. I ensured the requests were sent via ito both XXXX  & Iberiabank via XXXX XXXX, requesting a delivery signature, for confirmation. To date, there has been no acknowledgement or response from XXXX or Iberiabank.

So, due to the urgency and coming Sale Date, I began to research Iberiabank, XXXX  and anyother source for information and more background. What I discovered was that the Dept. of Justice had sued Iberiabank/XXXX  for improper underwriting, erroneous claims, fraudulent underwriting and failing to honor fiduciary relationships, with HUD ... it got worse as you read the releases. The DOJ won this case against them with an award of $ aXXXX XXXX being paid to HUD.

This infomation alone made it was clear to me that HUDs true issue was not Iberiabanks participation with HUD, or a needed exception to my loan. It clarified the prejudice of a large lawsuit that HUD won against my lender.

My being able to obtaining a one-time exception from this lender was not going to be a magic bullet. The sigma of Iberiabank/XXXX XXXX past relationship with HUD was more likely HUD 's determining factor. The HUD lawsuit wasovershadowing the circumstances to enable me keep my home.

The 2nd TD holder, XXXX XXXX XXXX has made the commitment that if Iberiabank/XXXX   provided me with a modification, my loan would automatically be approved with their loss mitigation department. So, now my 2nd TD is being determined by Iberiabank/XXXX. This lender was determining my future on both loans, ensuring that on the Sale Date projected my home would be going back to them.

All documented proof of our hardship, including requested medical records had been in their hands for a month or more, without communication from Iberiabank/XXXX. I wam sure my request for a modification will go on being ignored up to XX/XX/XXXX and going to Sale on the XX/XX/XXXX. I have requested copies of my original loan documents as I am entitled to from the lender two separate times, with no response or acknowledgement. I have confirmation of their receipt.

My fear is that the pending Sale will go through awarding Iberia/XXXX XXXX my home.

Iberiabank/XXXX  will continue to ignore any requests for a hardship Modification, ignoring the California State Law California Homeowner Bill of Rights which ensures that a property can not go to Sale while a modification application is pending with a lender. Iberiabank/XXXX  - will not acknowledge the laws or rules, I base this on both my experience with them as my lender and the public track record.

The HUD lawsuit with my lender appears to be directly penalizing me, the homeowner from obtaining any assistance from anyone whatsoever. The consumer is getting the short end of the settlement from all angles.

Neither Iberiabank, or XXXX XXXX have seen fit to respond to my communications, so I was hoping that your agency would be able to speak in a volume that may grab their attention, hopefully prior to my losing my home of 20 yrs.

My communications with people at Iberiabank and XXXX XXXX is as follows, ( this list of names does not include the loss mitigation departments. I was not given a point of contact for this lender 's workout efforts..it 's been hit or miss. They have not provided me with verification that they have the documents showing both their ownership of my loan or the ability to foreclose on the home ... everything is ignored. The names below represent the most recent XXXX XXXX communication to each Iberiabank ( owner ) of XXXX XXXX as well as the XXXX XXXX to XXXX XXXX in Florida.

Iberiabank XXXX XXXX to : XXXX XXXX XXXX President & CEO XXXX XXXX XXXX-XXXX of the Board E. XXXX XXXX XXXX-Vice Chairman XXXX XXXX XXXX XXXX of the Board XXXX XXXX   - XXXX XXXX to XXXX XXXX - Assistant Vice President, Servicing Thank you for your time and attention to my complaint.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation