Consumer complaint received 2017-05-17
Company: Servis One, Inc., Titusville, PA Branch
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Dear Consumer Finance Protection Bureau : We are writing you this letter to ask for your assistance with saving our home of 20 years, we have tried to seek the assistance of our bankruptcy attorney and have not had any success. We filed a chapter XXXX bankruptcy on XX/XX/XXXX to save our home of eighteen years then ( we filed bankruptcy because I was injured on duty at XXXX XXXX XXXX and was unable to work overtime and my part time job, which made us fall behind ). We started making our monthly mortgage payments and the monthly payment plan was taken out of my payroll check ( bi-monthly totaling {$950.00} per month ). XX/XX/XXXX we received a letter from BSI Financial stating they were servicing our loan and to send all future payments to them. Approximately late XX/XX/XXXX BSI Financial sent us a letter stating we had not made a payment since XX/XX/XXXX. My wife called the attorney representing us in our Chapter XXXX Bankruptcy case, Attorney XXXX and was instructed by him to gather all payment records since XX/XX/XXXX and send them to him, which my wife sent him the copies we had. She informed him that she had to request some copies of canceled checks from the bank ( due to dates being over 12 months ). We received a notice to appear in court on XX/XX/XXXX, my wife called Attorney XXXX and asked if we should appear in court, and was told no he would file for a continuance.
We later received another notice to appear in court XX/XX/XXXX, which we thought Attorney XXXX was handling our case per his previous conversation with my wife. In XX/XX/XXXX we received a letter from XXXX XXXX 's office stating do not ignore this notice, my wife called Attorney XXXX and read him the letter and he said " The courts allowed the mortgage holder to take the home out of bankruptcy and allowed them to proceed with the foreclosure, '' sorry about that. '' My wife went down to XXXX XXXX XXXX to see what could be done, she was told to go to the basement to the legal department. The receptionist looked up our case ( # XXXX CH XXXX ) and asked my wife if we had an attorney or were we in mediation. My wife told her our attorney was Attorney XXXX, she stated there was not an attorney on file, and no one ever showed up on our behalf or filed any type of motions or continuances. On XX/XX/XXXX we picked up uncashed cashier checks for our mortgage payments from Attorney XXXX who had us to send to his office ( that were made out to the mortgage company ), we had no idea he still had in his possession. Also the bankruptcy payments were still coming out of my check and being made to the mortgage company ( until XX/XX/XXXX they stopped accepting them ). We believe that this entire situation could have been avoided if we were represented properly.
Our main goal was to protect and maintain ownership of our home now of 20 years and to provide our children with the stability of the only home they know of. I am a XXXX for the XXXX XXXX XXXX ( which I have to maintain residency within City limits ) and my wife has returned to work as a XXXX XXXX for XXXX XXXX ( after being XXXX XXXX with our children for 16 years ) we can more than afford our home. We have asked the mortgage company for a Modification and or the amount to reinstate the loan and they said no to both options.
We are pleading with you to assist us in any way you can to keep our home that should not have been allowed to be taken out of bankruptcy. We have retained several attorneys and have paid several companies that said they would help us and did not, you are our last hope. There is a sale date of XX/XX/XXXX Thank you for your time. We truly hope that you will consider our circumstances and help us to keep our home.
Sincerely, XXXX and XXXX XXXX XXXX cc : file Day : ( XXXX ) XXXX / Evening : ( XXXX ) XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation