Consumer complaint received 2023-06-26
Company: SANTANDER HOLDINGS USA, INC.
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX, I applied for forbearance from Santander due to Covid hardship. I had to close my restaurant in XXXX when the City of XXXX shut down. When the forbearance period ended and my business wasnt back to pre-pandemic profitability, I applied for a loss mitigation program with Santander in hopes to discuss options to pay the forbearance amount. I have been caught in a perpetual document loop which never moves forward. 

On the contrary, an agent working with Santander became upset with me and my realtor when I decided that my best solution is to rent my home so that I have rental income to start repaying the monthly mortgage. He wanted to proceed with a deed in lieu of foreclosure or a foreclosure process. I told him that I want to avoid foreclosure because I need to maintain good credit scores and it is not my character to walk away from my obligations, if not for the challenges that I am still facing due to Covid-19 My experience with Santander has been unfortunately horrible. Not only is the bank not able to work with their customers on a solution, they are ignoring everything that I read about in the CARES Act for people who have been affected by Covid-19 and still experiencing hardship. In addition, the bank seems to be incentivized to foreclose, and therefore, has created a system that leads their customers down the path of a foreclosure instead of working to mitigate it. 

Below is a summary of my experience. 

XX/XX/XXXX I submitted my complete application for loss mitigation. My application was marked incomplete even though I submitted the complete application and all requested documentation. 
In a phone conversation, I was told that they sent me the wrong application form and told me to submit the correct form. I apparently should have filled out Form 710 instead of Form 708, and they told me to submit a new application using Form710. 

XX/XX/XXXX I submitted my application using Form 710. It was again marked incomplete on the portal. 

XX/XX/XXXX By this time, I have submitted several complete applications. The online system continues to mark my application incomplete. 
I spoke to officer XXXX and contrary to what I had previously been told, she advised that I had submitted the wrong application Form 710 and that I should have filled out Form 708! She told me to resubmit my application yet again. Immediately, I filled out a new Form 708 and submitted it online. 

I called every week for a status on my application, because it continues to be marked incomplete on the online portal. Each call will result in a new list of additional documents to submit. I will submit the documents requested, but the process never moved forward. 

On XX/XX/XXXX I started to work with a housing counselor. We called the loss mitigation department for clarification on the missing documents. The housing counselor requested an email summarizing the documents requested on the call but we were told it wasnt possible. The housing counselor advised that, instead of using the portal, I should submit the requested documents via email and quote the phone conversation, naming the person we spoke to, reiterating her requests, addressing each one. 

On XX/XX/XXXX I submitted documents via email per housing counselors guidance. Each time, following up with phone calls and submitting more documents after each phone conversation. The document loop continued but I was still denied mitigation options due to an incomplete package. 

I had no choice but to list my home for sale in hopes that I can repay my entire mortgage with Santander but was not able to sell our beautiful high value property in this market condition. 
On XX/XX/XXXX I went to the Santander branch office to explore a short sale option so that I could lower the price to sell the property. I was referred to XXXX XXXX, a Short Sale and Deed in Lieu specialist from XXXX XXXX XXXX XXXXXXXX hired by Santander. 

We did not get an offer for our property. I decided to rent it until the economy turns around. When XXXX found out from my realtor that we were renting the property, he was very upset. He called me and told me to write him an email that would allow him to proceed with the Deed in Lieu of foreclosure process. I asked him to explain the implications of the Deed in Lieu. He told me foreclosure is inevitable, and I should start the process now. That call left me feeling very concerned and threatened. 

I did not send him the email because I found a tenant shortly after that conservation. 

On XXXX at XXXX XXXX XXXX called and again asked me for the email that would allow him to deed the property over to the bank. I told him that I have a tenant and can start paying the mortgage. I told him this new circumstance will be better for both me and the bank, and would preserve my credit score which is extremely important for me because I need to bring my small business back. He was very upset. I felt harassed by XXXX on that call. 

On XX/XX/XXXX I submitted a new complete loss mitigation application with the new rental income information. As of today, the online system still shows that the application is incomplete. 

Currently, my small business transactions are in jeopardy due to the damage to my credit score because of this forbearance challenge I have with Santander. I have a perfect credit history otherwise.

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