Consumer complaint received 2018-07-03
Company: U.S. BANCORP
State: IL
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
The US Bank generated 3 ( THREE ) accounts with my signature and social security number. 

A : Original Note signed by XXXX XXXX : Number : XXXX This was signed when XXXX was still using her married last name. 
This credit line account is the ONLY one signed by me. 
This note is now missing from bank records. 

B : US Bank loan number XXXX for the sum on {$220000.00}. 
This number was opened on XX/XX/XXXX and closed on XX/XX/XXXX C : US Bank loan number XXXX for the sum of {$220000.00} This number was opened on XX/XX/XXXX and is still open. 

2 : An exparte judgment was made/obtained on XX/XX/XXXX between US Bank debt collectors and XXXX XXXX XXXX. I was given no notifications. 

3 : XXXX XXXX XXXX has no lawful claims on my domicile or personal property. 

4 : I made applications for Loan Modification with the branch of US Bank loan modification department / HAMP. 
5 : HAMP joined BOTH the loan B and C and joined them in one, doubling the loan. This made the payments beyond the value of my domicile which has a fair market value of {$350000.00}. This was not an error, but an act predatory and premeditated. I repeatedly attempted to correct the payoff amount with the US Bank and HAMP, but it was never accepted until now, after signification highlighting the matter in court. 

6 : Despite court filings, The US Bank debt collectors attempted to auction off my domicile without giving notifications to me as per law. Instead, they attempted to auction off my domicile by sending notices to the wrong address, trying to slip a sale on the sly, under the table, as it were. 

7 : The letters were returned to the court clerk by the post office. I had a hearing to enforce an injunction on the auction of her home. During that hearing the correct address was given to the debt collectors.

8 : Despite the correction, US Bank debt collectors persisted in sending the notices to the wrong address, in repeated attempts to auction off my home.

9 : I filed a Writ of Error in the superior dejure court of record was filed to overturn the unlawful exparte judgment of XX/XX/XXXX. The Writ of Error was not challenged well past the requisite 30 days. 

10 : A second Writ of Error was filed. Again it was not challenged well past 30 days.

11 : Judge made a ruling that I could not file any more papers, until the judge approved of them.

12. Judge told me to file a motion to file papers 13. Judge XXXX denied me the motion to file papers. 

14. Without the ability to defend myself, I am at the mercy of unscrupulous debt-collectors.

15. US Bank debt collectors refused to answer a subpoena by petitioner.

16. US Bank debt collectors refused to supply the original note.

17. US Bank debt collectors refused to supply an Asset management sheet on my property.

18 : Although these demands were listed in the Court of Record, the US Bank debt collectors refused to accept because the magistrate/judge of the lower court quashed these demands for accounting.

FURTHER FACTS : 19 : Before the debt collectors bullying and attempt to take my home and domicile, my monthly payment into my credit line at US Bank was rejected.

20 : Further : I sold my condo in XXXX for {$500000.00} and paid off my mortgage with XXXX XXXX XXXX which had an outstanding balance of {$350000.00} and the sum of {$88000.00} was sent to US Bank. The US Bank can not find the {$88000.00} and are just ignoring that intrabank payment. 

21 : Further : My domicile is assessed at {$350000.00} and the debt collectors say it is valued at {$150000.00}! thereby dropping its value to significantly below market value. They then Increased their 'demand ' amount to {$300000.00}, despite the fact that on the form 410 Creditors form filed during bankruptcy they listed an amount of {$160000.00}.

22 : Further : They had absolutely NO mediation despite repeated attempts.

23 : Further : With the exparte judgment, which was vacated by me, they did not go into a negotiating of mediation, to work out the problem. Instead they would only keep pushing for a sale of my home and domicile without giving me any mediation. 

Therefore they are not allowing me to pay down my credit line and not allowing me to settle my affairs, not allowing me to complete my HAMP process after the 'doubling ' of the loan was corrected, and not allowing me to live in my domicile in peace. 

IN VIOLATION : I am under the HAMP program loss mitigation and despite that they have attempted to foreclose on my home four times. 

IN VIOLATION : I filed for bankruptcy and they still auctioned my home after I filed for bankruptcy. That sale was vacated by bankruptcy court. 

IN VIOLATION : Now they have another sale date despite the HAMP program application. 

Reason for the delay is because the TWO notes were added up and the 'loan ' doubled while all I had was a signed credit line. Through multiple applications with HAMP the doubling of the notes for a final amount is only now being straighted out. 


This is enormous torture. 

This is my only place to live. I have been honorable and direct with my account. Their attempts to take my home and domicile is horrifying. 

I am a senior citizen. 




THERE IS NO JUDGMENT SINCE IT HAS BEEN VACATED>

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