Consumer complaint received 2023-07-30
Company: R.C. Temme Corporation
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
My private money mortgage company, RC Temme, is threatening me with a Notice of Sale and the selling of my two properties at auction. The properties are located at XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX CA . My recent forbearance agreement with RC Temme ended in XXXX, XXXX, and RC Temme immediately informed me that information on the two properties had been forwarded to the trustee in preparation of filing a NOS, with the sale of the two properties to then follow in a few weeks. RC Temme did this in spite of my attempts to reach RC Temme loan servicing representative, XXXX XXXX in XXXX, informing her that I wanted to negotiate a new forbearance agreement. Although not able to reach XXXX directly, voice mails were left for her, which she orally acknowledged receiving to me ; phone messages in which I requested that the filing of a NOS be halted so that negotiations could begin on a new forbearance agreement. Despite knowing that I wanted to open negotiations on a new forbearance agreement, XXXX gave the go ahead for the XXXX to take place on the XXXX properties. XXXX finally called off the NOS when I spoke to her directly on XXXX, informing her that I, once again, wanted to open negotiations on a new forbearance agreement. 

Following my phone conversation with XXXX on XXXX, XXXX then forwarded to me a XXXX XXXXLoan Modification package. RC Temme then gave me 10 days to sign this agreement to then enter into negotiations for a new forbearance agreement. I then signed the agreement within the allotted time given to me by RC Temme, thereby entering into a valid contract with an official negotiation period. In the signed agreement, which I will be forwarding to the CFPB for review, it states under XXXX XXXX, Negotiations, that " we have commenced or are about to commence negotiations concerning obligations you have to us. '' The Negotiations statement goes on to state " we each plan to discuss various courses of action which might be in our mutual interest. '' Under XXXX XXXX, Written Agreements and Amendments, the signed agreement states that " our contemplated discussions may be lengthy and complex. '' RC Temme then immediately violated the terms of this signed agreement by not negotiating in good faith with me and, once again, threatening to file a NOS and sell my two properties at auction. Over the course of XXXX, I have now submitted XXXX valid proposals with a fourth proposal to be submitted shortly. The proposals outlined a variety of methods on ways for the two sides to come to an agreement concerning the loan that is currently in place and attempts to also forge a new forbearance agreement. I outlined very specific steps in my proposals. The first XXXX proposals were then summarily declined by RC Temme out of hand, without any explanation as to why the proposals were declined and without any type of counter proposal by RC Temme. RC Temme has also not informed me of exactly what it is expecting to accomplish in the negotiations. Again, there has been absolutely no communication or negotiating whatsoever from RC Temme concerning the current loan in place or on attempts to forge a new forbearance agreement. The only communication from the company has been declination letters concerning my proposals. 

RC Temme is now in violation of Federal Mortgage by violating this XXXX agreement signed by the two sides. Under federal mortgage statutes as mandated by the CFPB, loan companies must not file a NOS or threaten to file a NOS and then sell properties at auction, once a loan modification agreement has been signed and entered into by both parties. A certain period of time must pass allowing both parties to negotiate before a NOS filing can even be contemplated. I pointed this out to RC Temme and representative XXXX XXXX in a letter dated XXXX, that the company was in violation of Federal Mortgage laws. I have included a copy of this XXXX letter to RC Temme for review by the CFPB. After receiving this letter, RC Temme representative XXXX emailed me and incredibly asked for clarification of Federal Mortgage laws, stating that she was unsure of what the statutes mandated and that she simply went by a " checklist '' when deciding whether a NOS should be filed with homes then sold at auction. 

In summary, I have signed a contract and entered into a valid loan modification agreement with private money company RC Temme in XXXX, 2023. XXXX XXXX has now violated the terms of not only this contact, but also XXXX Mortgage laws set forth by the CFPB. Additionally, RC Temme attempted to file a NOS with the selling of my two properties at auction, after the XX/XX/2023 forbearance agreement ended. The company did this, despite the fact that company representative XXXX XXXX had communicated with me via voice mails concerning my intentions following the ending of the forbearance agreement. I then promptly responded back with voice mails to her stating that I wanted to enter into negotiations to arrange a new forbearance agreement. For the record, I have an excellent track record of making all of my mortgage payments to RC Temme during previous forbearance agreements and I dispute RC Temme 's declaration that I am in current default on the loan.

Company response to consumer: Untimely response