Consumer complaint received 2017-07-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I bought my home in XX/XX/XXXX. 
My lender was XXXX XXXX, serviced by XXXX XXXXXXXX XXXX. 
XXXX XXXX XXXX took over XXXX XXXX XXXX in XX/XX/XXXX, and my loan is now serviced by XXXX XXXX XXXX. My case and mortgage is with XXXX XXXX XXXX now. 

It was cosigned by my nephew who has no interest in the mortgage and has since left the house. I was to pay {$400.00}. in monthly private mortgage insurance ( PMI ). I was also promised that if I complete two years of perfect payment history without being late for up to thirty days in any month, the PMI will be dropped, alternatively if the loan to value ratio comes down to like 78 %, the PMI will also be dropped, whichever comes first. 

I was doing very well transferring my payments from my online checking account to the mortgage account for the first year. Exactly after the first year, the bank blocked me from online payments starting from around XX/XX/XXXX to XX/XX/XXXX. ( See Exhibit 1 ) I called the bank several times and they took the payment over the phone and waived the {$25.00} fees for phone payments, ( See exhibit 1 ). No reason was given for the online payment access denial. 
For subsequent months I was obliged to go to branches to make payments through tellers in the branch, since I could not pay online again and will be charged {$25.00}. for paying over the phone. 

Six months of perfect teller payments which was six months prior to having the {$400.00} per month PMI dropped, tellers were stopped from taking my payments in the branches. ( See Exhibit 2, 3 ) To pay in a branch I had to wait for the branch manager to call the mortgage department for instructions on how to accept my payment. Meanwhile all these times, I had a perfect payment history, never been late for any month despite these obstructions from the bank.
This happened for another six months. The last month prior to dropping the PMI came in XX/XX/XXXX, I was still blocked from online payment as has been the case since one year, tellers were still blocked from taking my payments for six months, the same method where the branch manager had to call the mortgage department to take my payment was again used on XX/XX/XXXX, The bank held and did not credit this payment timely and reported it falsely to the credit bureau as non-payment while they have the payment already with them on file for almost a month. 

My application to have the PMI dropped since I completed the two years without being late for more than thirty days in any month, was denied. The reason for denial was the XX/XX/XXXX payment which the bank held and did not credit timely. ( See Exhibits 4, 5, 6 ) I complained to the PMI analyst that it was the bank 's fault, but she told me to go to the branch where I made that payment. I went to the branch and the manager called, letting the mortgage department know it was not my fault that the payment was delayed, it was the bank 's fault. according to her I did what I was supposed to do. 

The credit analyst also sent me a letter apologizing and promising to correct the false credit report which the bank has made falsely to that effect. ( See exhibit 7 ) I sent this letter including the receipt to the PMI analyst, who still refused to drop the PMI. Instead, the bank blocked me from making further payments in any other branch insisting I bring my payments to their headquarters in XXXX, because of the same XX/XX/XXXX payment, which they already have proof that I made timely and they were the ones that did not credit that payment. As I kept calling and praying them to resolve the issue, they sent foreclosure letters to me. Then I took them to court. Subsequent payments were not made because, their lawyer warned me to stop contacting his clients and my account was put on hold, pending when the law suit was to be over. Meanwhile, the bank kept charging both late fees and PMI that was already supposed to have been dropped. 

I was handling the case as prose initially until I got a pro-bono attorney who I suspect might have been encumbered by the bank. 

Finally in a lawsuit that ran for over six years, the bank introduced a false affidavit that was neither dated nor notarized into the docket without my lawyer knowing about it or responding to it.
The judge used this false affidavit over 100 times to grant summary judgement on all counts to the bank, irrespective of.
a. Signed letters from bank employees, attesting to the banks liability to imposing a default in my mortgage account.
b. Letters from the credit analyst apologizing and promising to correct false credit report due to the XX/XX/XXXX payment that the bank did not credit timely.
c. Receipts of payments showing when the XX/XX/XXXX payment was made that it was not late for more than thirty days as the PMI analyst claimed. 
d. Electronically recorded documents showing discussions between me and the mortgage department, between tellers and branch managers and the mortgage department, concerning the violations and difficulties and or blockages in my mortgage account that was preventing them from taking my payments. 
e. Affidavits and electronic recorded discussions between branch manager and the banks insisting that I made the XX/XX/XXXX payment and it was not late for up to thirty days. In the testimonials the tellers also told the mortgage department that I made the XX/XX/XXXX payment that it was not my fault that it was late for more than thirty days but that of the bank. 
f. PMI denial letters and reason for denial underlined by the PMI analyst. 

All these and other documents of evidence recovered during discoveries were not taken into consideration but rather the banks false affidavit ( attached here as capitalone bankfalse declaration ) -- XXXX XXXX XXXX 'S FALSE AND UNDATED AND NONE-NOTARIZED affidavit was quoted several times and used to grant summary judgement to XXXX XXXX XXXX. 

I appealed the ruling as prose but was told that it was late to re-introduce the false affidavit by the bank argument. It should have been pointed out earlier, that I should have brought it up initially. The appeal judges upheld the ruling from the lower court who based their arguments on the false and undated, and none-notarized declaration of XXXX XXXX XXXX. ( See attached False undated and none-notarized affidavit ) But I do not know how I would bring up this false declaration initially, if I did not know it existed and only my pro.bono attorney had it but did not fight it or bring it to the notice of the lower court that it was defective and should not be accepted into the docket. it was only when I parted ways with my attorney that I searched and discovered the document.
That was how the bank obstructed justice and obtained judgement through a false affidavit that was neither notarized nor dated.
The bank has now filed for foreclosure. I countered it in court, and the judge used collateral estoppel doctrine to grant the court a summary judgement to foreclose on my home.
I have submitted papers for loan modification. I want to keep my home but the issue is that my loan was cosigned by my nephew who has no interest in the house and is not on the deed. He has left the house since XX/XX/XXXX I make enough to pay my bills and my mortgage, and still have enough to put in my savings account. I need not have my house foreclosed due to the fault of the bank ; a default deliberately imposed by the bank to maintain the PMI in the loan I know I have not been served justice in this case but I need to keep my home. I would like XXXX to please intervene in this matter.

Company response to consumer: Closed with explanation