Consumer complaint received 2018-07-02
Company: Capital Markets Cooporative, LLC
State: TN
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Account went into default 9 months after loan was made due to Homeowner ( a Retired XXXX XXXX ) had a XXXX XXXX in XXXX. Homeowner could not return home and the home was put on market for sale. In XX/XX/XXXX, the property was put in Family Trust naming the Homeowners " Power of Attorney '' and the Heir to the homeowners Will a co-Beneficiary of the Trust and the Loan Care Servicer '' was notified. The Family Trust was created to cover the financial responsibility of maintaining the home, utilities, and as necessary assist Homeowner with financial responsibility to put loan back in right standing should Homeowner be able to return home. Attempting to sale the home was difficult. The area comparable sales were lower than the balance owed and short sale offers were denied by XXXX XXXX XXXX. 
Meanwhile, the borrower had another XXXX and required XXXX XXXX XXXX XXXX. The homeowners monthly living expenses were greater in the out of XXXX XXXX than it would be to return the homeowner to her home and arrange in XXXX XXXX. Homeowner could not afford to pay home mortgage and XXXX XXXX XXXX at same time. The loan was sold and a New Servicer XXXX XXXX XXXX ( XXXX ) took over the loan. We contacted XXXX to apply for mortgage assistance with Home Retention Options. A loan mod app was submitted. XXXX approved the loan mod and first payment was scheduled for XX/XX/XXXX. 
The Homeowner Passed away XX/XX/XXXX PRIOR to the first trial mod payment date. In XX/XX/XXXX. We contacted XXXX and we were VERBALLY ( XXXX XXXX ) instructed to send in payment if we wanted to keep the trial mod terms. Also send along with payment documents related to Homeowner passing death certificate, etc. The death certif took 30 days+. We sent the verbally requested docs and made a electronic payment on XX/XX/XXXX before the trial mod would be cancelled as instructed. 
However, XXXX MISINFORMED US AND THE LOAN MOD WAS CANCELLED ONCE XXXX   LEGAL DEPT REVIEWED FILE ABOUT 30 DAYS LATER. XXXX DID NOT SEND A LETTER TO NOTIFY US OF A CHANGE IN STATUS OF LOAN NOR DID THEY ALERT US OF IMMEDIATE DANGER OF FORECLOSURE. SLS DID NOT NOTIFY US OF WHAT STEPS TO TAKE TO KEEP THE HOME IN FAMILY.

XXXX verbally advised me ( I randomly called in ) that we should reapply. After several calls, we were advised to reapply naming occupant/family as Non Borrower. NO WRITTEN NOTIFICATION OF WHAT TO DO Family was grieving during this period .... I called in approx XX/XX/XXXX and spoke to XXXX XXXX XXXX who was kind and she tried to figure how to include the direct heirs and clearly list them on Mortgage application. We resubmitted docs and waited for response, got one call to ask about the Trust, and then no more contact. After several weeks, I randomly called in to check the status of the review. I and was told the file was closed and could foreclose anytime. After several calls, getting no where with a clear understanding of what exactly XXXX wanted Us to do. No understanding as to WHY the first submission for Loan Mod was not processed???

( NO DENIAL LETTER NO WRITTEN INFO TO SAY WHAT WRONG ) I called XX/XX/XXXX and spoke to XXXX XXXX and I asked for a supervisor and got XXXX XXXX Supervisor, Loss Mit. My concern was that a foreclosure date could be scheduled anytime and we still had no Understanding of how to proceed toward Home Retention/Foreclosure Prevention Options. 
XXXX advised me to resubmit using both surviving Beneficiaries naming them as Borrower & Co-Borrower on RMA NOT Non Borrower. XXXX said he would put in a request to generate a letter to Us saying in WRITING as to what was necessary to submit for loan mod and advise how much time to get all back in for a review. XXXX stated he would call me back about letter and general follow up. XXXX did not call me back nor did we receive anything in mail to say what to resubmit. However, I resubmitted on XX/XX/XXXX. By then the property was scheduled for XX/XX/XXXX Foreclosure Sale. XXXX says FHA Loan and NOT ENOUGH Time to process request ( 37 days required by FHA ) FRUSTRATING!!! 
I have since been calling SLS to ASK FOR HELP to no true avail until I contacted FHA on XX/XX/XXXX and obtained a FHA Ticket # XXXX HUD Specialist XXXX XXXX is now assigned. After getting very Little communication from SLS and in general SLS had closed the file would not transfer me to Loss Mitigation when I called in and was simply waiting for XX/XX/XXXX. After FHA ticket generated XXXX finally began to reach out me and allow me to speak to Loss Mit. 
XXXX Rep, XXXX, called me twice on XX/XX/XXXX late in the evening asking for Drivers License copies of Heirs??? I asked if the foreclosure would be postponed now to process our request? Call dropped. I got no return call from SLS. I called back in to get a supervisor to explain WHY SLS was calling and what did this mean? XXXX who could not explain to me WHY they wanted drivers license but told me f/c sale was still scheduled but send in the drivers license. 

But now XX/XX/XXXX, I just spoke to XXXX XXXX supervisor at XXXX XXXX XXXX to advise him the drivers licenses/ID is emailed in. XXXX says the Problem is NOT 37 days but whether the internal XXXX processing and underwriting team can secure the note not knowing who is direct heir??? or whether an assumption must be done as opposed to a loan mod??? I asked him to please postpone the sale and lets All figure this Out. 
IN the face of Homeowner death not 6 months ago. We JUST did not need the pressure of a foreclosure sale even though we were doing our best to COMPLY to XXXX requests. We offering to make you whole and take Full responsibility of the debt by Loan Mod. XXXX says he will call me back by end of day tomorrow. 

NO APOLOGIES FROM XXXX XXXX has no sense of obligation to assume responsibility for erroneous instructions and waste of time in process.

Company response to consumer: Closed with explanation