Consumer complaint received 2017-12-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Capital One has not acted in good faith. They made false written statement within their letter by XXXX XXXX, the Office of the President, Financial Services of Capital One dated XX/XX/XXXX. Capital One held an auction through XXXX and the winning bid was {$330000.00}. The investor agreed to pay that amount. Capital One was determining the net amount and refused to pay more than {$9000.00} in closing costs ( i.e. title fees, attorney fees, real estate commissions, judgments of the sellers, etc. ) in a short sale transaction. The assigned representative XXXX XXXX was nonresponsive and did not timely review the HUD1 and did not communicate with real estate agent. The HUD1 was  sent two times ( XX/XX/XXXX and XX/XX/XXXX ) to Capital One and then later sent to its third party as well XXXX. The borrower agreed to pay the net amount of {$320000.00} to Capital One. Shortly thereafter, we submitted within HUD1 offer for a short sale to pay the investor {$320000.00} net amount as per the request of the loan servicer. We were unable to reach XXXX XXXX but requested that our communication be notated with Capital One that we had complied with their {$320000.00} net offer. Capital One did not respond to us. The loan servicer was informed of that offer but failed to respond prior to XX/XX/XXXX. We followed up with a second communication within the first week of XX/XX/XXXX with Capital One and XXXX. requested and they closed the file without communicating with the borrower and allegedly transferred the loan to XXXX XXXX on XX/XX/XXXX. The homeowner never received a letter notifying them of the transfer to XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX as of XX/XX/XXXX has stated that they do not have the loan and never received communication. It is important to note that the XX/XX/XXXX letter from Capital One does not state that their was any assignment or that the file was transferred to XXXX XXXX XXXX and this is deceptive because how can they review a file that they later said that they transferred on XX/XX/XXXX. 
It shocks the conscience that Capital One does not assist the homeowner and creates obstacles instead of helping to solve problems. 

It is unacceptable that they have made misleading statement to the CFPB and myself the homeowner. 

The original homeowner is my husband is XXXX for well over a year. He XXXX  prematurely and big part of it was a result of the stress and heartache of this property that he tried to get rid of through a short sale for over 10 years. His estate is insolvent. The current loan servicer, Capital One is disingenuous and deceiptful in its business practices. Capital One insisted that the property be listed with XXXX which in turn stated that the property must be listed on the online auction site XXXX. The property was listed in XX/XX/XXXX. There was a winning XXXX bid of {$310000.00} in late XX/XX/XXXX.  XXXX said that the property had to be relisted. The property was relisted in XX/XX/XXXX and there was a winning bid of {$330000.00}. The title report revealed my husband had judgments of around $ XXXX in XX/XX/XXXX. We forwarded the payoff judgments in XX/XX/XXXX and requested to close on the property after submitting a HUD1 statement with a net pay off of around {$280000.00} ( Deducting for the judgments owed by my husband and real estate commissions ) This property has toxic black mold as was confirmed by the XXXX XXXX XXXX Building Department and by the inspector. Delaying the file only means that the house is less valuable because the mold is spreading. Capital One is now insisting to be paid $ XXXX which does not pay the transfer tax, the real estate commission and attorney fees as well as the judgments. We know that this is unfair. My XXXX XXXX and my health is declining as a result of the stress. Homeowner is XXXX and his estate is insolvent. The bank knows this information and his judgments were provided for in the title report. 1. Winning bid is $ XXXX 2. Real estate commission, attorney fees, and judgments should be paid by the lender since the homeowner is XXXX and his estate is insolvent. 3. The property is declining in value because it has a black mole problem. 4. Capital One Short Sale Department is requesting {$320000.00} knowing that the XXXX estate is insolvent and has judgment liens of {$24000.00} that must be paid. All documents including the financial worksheet, 3rd party authorization, short sale package, MLS Listing agreement, offer and binder for sale of the property were provided. Capital One Short Sale Department was contacted on XX/XX/XXXX ( fax listing agent, 3rd party authorization ) XX/XX/XXXX ( MLS Listing and shortsale package by email ), XX/XX/XXXX ( called ), XX/XX/XXXX, XX/XX/XXXX ( XXXX Capital One, and XXXX ), XX/XX/XXXX ( XXXX ), XX/XX/XXXX ( XXXX ) ,XX/XX/XXXX sent the graceful exit forms ( XXXX ), XX/XX/XXXX ( XXXX ) , XX/XX/XXXX, XX/XX/XXXX ( XXXX ) , XX/XX/XXXX ( XXXX ) credit authorization form sent and completed all documentation for XXXX and XXXX the third party providers of Capital One and they stated that they were going to list and auction the property, XX/XX/XXXX Listing addendum sent, XX/XX/XXXX ( XXXX ) , XX/XX/XXXX ( XXXX and XXXX ) ,XX/XX/XXXX changed locks because of breaking into the home and police called, reported to Capital One, XX/XX/XXXX ( XXXX ) home declared noninhabitable by XXXX XXXX XXXX letter sent to Capital One, XX/XX/XXXX spoke with XXXX of Capital One , XX/XX/XXXX locksmith contacted because the Capital One Third party provider changed locks and removed the padlock installed by the XXXX XXXX XXXX. XX/XX/XXXX Contacted home preservation department and spoke with XXXX to cease and desist entry into the property. XX/XX/XXXX Capital One grants conditional approval letter on XX/XX/XXXX stated XXXX and that the file was with XXXX the shortsale underwriter. XX/XX/XXXX Appraisal of the property delivered to Capital One and it is reported that within 7 days that XXXX would list the property and that if the auction bid was completed the property would be sold. XXXX has delayed the listing after receiving all documents and over two weeks have elapsed without any listing. XXXX ( XXXX XXXX account manager ) and XXXX refused to accept the MLS Listing with photos and continuously finds excuses to reject the documents and photos such as every picture should have a detailed description which is not a condition of Capital One Short sales department. Capital One Short Sale Department assured us that we would be able to complete the process within 7 days with their third party provider and be able to move on with the sale of the property. There is no obligation or written agreement that the homeowner provide 15 photos of the home in order to complete the shortsale especially when the bank performed a BPO and has all the pictures of the home that they need that they can provide to XXXX and XXXX. They have not acted in good faith and continue to find ways to delay the process.For over four months XXXX failed to list the property and requested documents again and Capital One allowed them to delay our shortsale. I am tired and very frustrated and in desperate need of government intervention as they abused their authority and made things entirely difficult to shortsale the property. They have put me through four years of misery. I am seeking to be able to sell our property within 30 days with our buyer that has agreed to purchase the property. I had a conditional approval in XX/XX/XXXX and we need the final approval from the shortsale department without any further delays. It is now XX/XX/XXXX. Capital One has the appraisal report and refused to allow us to sell the property after giving us a conditional approval. We should not have to be subject to further delays by XXXX which clearly delayed our sale without justification and they are not our lender. The account representative XXXX has been uncooperative and not helpful at all. The bank does not even send written notices about the rejection everything is done through the third party XXXX.

Company response to consumer: Closed with explanation