Consumer complaint received 2018-04-14
Company: MORGAN STANLEY & CO. LLC
State: TN
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
This complaint is necessary because the loan servicers response to CFPB complaint # XXXX against the loan servicer claims Morgan Stanley Mortgage Capital Holdings, LLC is the only party who can authorize a settlement of the payoff amount in dispute. I stand by every word of that complaint as well as the previous complaint regarding actions the loan servicer took to escalate the issue in the first place, assessing nearly {$4000.00} of unnecessary charges against a {$10000.00} equity line. The series of actions the loan servicer and its failure to properly administer the note as outlined in prior complaints clearly indicate the loan servicers policy is to shed responsibility for this small note which was never particularly lucrative for them to begin with. The loan servicer provided false statements in their response as documented in my feedback regarding their response. The loan servicer has refused to communicate except to escalate. Simply stated, the loan servicer is refusing to own up to its contractual failures to Morgan Stanley Mortgage Capital Holdings and is rushing to avoid a fair settlement that might result in the loan servicer having to pay some or all of the costs that resulted from their mismanagement and aggressive, nonresponsive, and likely illegal tactics. This is my home and my hard earned equity at stake, but just a nuisance account to the loan servicers unqualified personnel seeking only to process and get the matter off their computer screens. Family members have been standing by for months to assist me in settling this matter and other means were suggested in prior complaints. Those include the estates yet to be settled of both my parents who died during the period of time that the loan servicer was taking its unfair and aggressive actions ( actions I believe were illegal as stated earlier ), a recent source new income secured finally after my own long recovery from health problems, and Social Security income to begin in XX/XX/XXXXthat will insure my total income each and every month is adequate even without other sources. The XXXX and XXXX estimates of the property value are about {$130000.00}. The total debt ( home loan and equity line ) is less than {$65000.00} even including disputed amounts. According to its response, the loan servicer is basing its judgment on a {$100000.00} value not accounting for the substantial improvements I made to the property with the home equity line in the first place. Regular market appreciation should also be considered just as a matter of common sense regardless of what heavily lobbied banking regulations may allow you to do. As a matter of basic human decency, Morgan Stanley Mortgage Capital Holdings should at least be willing to accept some payment amount as good faith in return for affording me the opportunity to protect my full equity through the sale of the property at or near fair market value. Please note the property is a duplex, so without the income from the rental unit, I will at least need the equity I earned if I am survive without owning a home of my own. ( Please note a similar concurrent complaint was filed under the wrong category. Realizing the error on reviewing the complaint as the CFPB received it, this is now being filed under what I believe to be the proper category necessary to meet the urgency this type of complaint. My apologies for the error, but the process the loan servicer has forced is very confusing. )

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