Consumer complaint received 2018-03-08
Company: Seterus, Inc.
State: TX
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
To : Seterus On XX/XX/XXXX both my husband and I took out this mortgage to purchase our home in XXXX. 

On XX/XX/XXXX I divorced my ex-husband and per the divorce decree he was supposed to sell the house or have it re-financed within one year of our divorce. He did neither of the two requests made in our divorce decree. I have sent your company a copy of the divorce decree. 

In XXXX my ex-husband did a loan modification/refinance with your company without my signature on the loan modification forms. I have now been placed under more financial hardship and responsibility for a loan re-finance/modification that I had no knowledge of and did not sign. If you reference the signature page of the loan modification ( page 7of 7 ), you will see my name typed under the signature line and my name scratched out. If I am a co-borrower on this modification and agree to the terms why is my name crossed out? Also please reference the dates of all the notarized/stamped signatures that were NOT made on the same day my ex-husband ( XXXX XXXX ) signed this official document. The notary ( XXXX XXXX XXXX ) notarized this document on the XXXX of XXXX and he, signed the document the XXXX of XXXX. I believe the reason for a notary is to make sure they witness the actual person is signing the document. XXXX XXXX ( Seterus employee ) then notarized/stamped this document on XX/XX/XXXX. What was she notarizing/stamping? The previous signature by my ex-husband ( XXXX XXXX ) and the notary ( XXXX XXXX XXXX ) were made on separate dates. Did she continue under Seterus company guidelines to authenticate and process a document with conflicting notary/signature dates and with the co-borrowers name scratched out? There is also another notary/stamp made on the same day as XXXX XXXX on XX/XX/XXXX under XXXX  XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, ( Assistant Secretary ). I am under the assumption that XXXX XXXX also works for Seterus and received this document electronically and continued to process it not questioning the validity of the document. Is this normal practice for a mortgage company to scratch out names and have 3 different dates of signatures/stamps and notaries? I am formally requesting that the XXXX loan modification that was made 2 years after my divorce that I did not sign and my name is crossed out on the signature page be reviewed. I hope this issue can be resolved quickly as it is obvious this could be a possible legal issue. I did not sign or consent to any loan modification or refinance and need to have my name removed from this mortgage immediately. I am also working with XXXX XXXX as they are the lenders for this loan and may want to know how Seterus went about processing a loan without my permission nor signature. I look forward to hearing from you on how to remedy this situation. 

I have attached a copy of the front page of the loan modification as well as the last page. If you read the front page it clearly states that my ex husband and I are the borrowers. On the last page only my ex husband signed the document and my name was just scratched out. The XXXX XXXX XXXX  Servicing Guide states on page 813 : XXXX : XXXX " The servicer may encounter circumstances where a co-borrower signature is not obtainable for the Loan Modification Agreement, for reasons such as mental incapacity, military deployment, or contested divorce. When a co-borrowers signature is not obtainable and the servicer decides to continue with the HAMP mortgage loan modification, the servicer must appropriately document the basis for the exception in the servicing records. '' As you can see no documentation was made that we were divorced 2 years before and they didnt even have a copy of our divorce decree until I sent it to them 2 weeks ago. 

I believe Seterus violated XXXX XXXX policy by not properly documenting the fact that we were divorced and as one can easily see they just crossed out my name and went on as business as usual.

Company response to consumer: Closed with explanation