Consumer complaint received 2018-09-25
Company: MB FINANCIAL, INC.
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
For the past year we have numerous difficulties with our loan servicer, MB Financial, regarding the natural disaster relief program offered by XXXX XXXX. Our loan is owned by XXXX XXXX and serviced by MB Financial. The current issue is that MB Financial has delayed on processing the loan modification following the forbearance and trial payment period for several months and called last Tuesday, XX/XX/XXXX, and said past payments XXXX and XXXX were due, despite multiple MB Financial representatives stating no payments were required during this period. The issue was referred up to a supervisor but we have been unable to get a response from the bank since that day. In addition, we were either given inaccurate information from multiple MB Financial representatives as to the status of the loan modification and what our responsibilities were during processing or MB Financial backdated the execution of the loan modification and is using it to force their sudden change in position. Our request from the CFPB on this issue is to investigate these issues on our behalf so we can ( 1 ) get a response from the bank and ( 2 ) determine what our true responsibilities are for past payments so we can bring the loan up to current. In addition, we are requesting MB Financial not report any payments as past due or delinquent to any credit reporting agencies or other action to foreclose or cancel the loan modification until this matter is resolved and we are given reasonable time to remit payment in full. The details of this case are as follows : On XX/XX/XXXX and XX/XX/XXXX, our area was significantly impacted by Hurricane Irma and declared by FEMA as eligible for individual assistance. At the time MB Financial was refusing to recognize the natural disaster mortgage relief program offered by XXXX XXXX. With the help of the CFPB under complaint XXXX, MB Financial agreed to recognize the XXXX XXXX   natural disaster mortgage relief program and placed our loan into a six-month forbearance in accordance with the program. Following the forbearance period, we began making trial payments in XXXX of this year and successfully completed the last trial payment in XXXX on XX/XX/XXXX ( phone payment confirmation XXXX ). At the time of payment, I inquired as to when we could expect the loan mod to be completed and the agent could not provide a timeframe and suggested we call back in a couple of weeks for an update as requirements for a XXXX payment. On or about XX/XX/XXXX, I called the main number to inquire on the loan mod and our requirements for a XXXX payments. The agent could not provide any information, so I requested a call back from one of the loan specialists. On XX/XX/XXXX at XXXX XXXX I received a call back from one of the loan specialists. They stated the loan mod was being processed and should be completed shortly. When I asked about the need for a XXXX payment, they responded by saying they strongly recommended we continue making payments. When I asked if it was required, they again said it was recommended but hesitantly admitted the loan would remain current if a payment was not made until the loan modification was in effect. The loan modification documents were received from MB Financial via XXXX Overnight Service on XX/XX/XXXX, executed by my wife and I on XX/XX/XXXX, returned to MB financial on XX/XX/XXXX, and received by MB Financial on XX/XX/XXXX. On or about XX/XX/XXXX, I called the main number and inquired on the status of the loan modification and was told it was waiting signatures and should be completed shortly. I again asked about our requirements for payment and was told we should continue making payments. I then asked what was required and again was told payments were recommended but would not be required until the loan modification was complete. I called again on or around XX/XX/XXXX and XX/XX/XXXX to find out the status on the loan modification and was told it was still in progress. When I asked about payments, I was told they were recommended, and after pressing for an answer to my question, I was again told they were not required until the loan modification was completed. On XX/XX/XXXX at XXXX XXXX, I called the main number and reached XXXX. I asked about the status of the loan modification and was told it was still awaiting final signatures and should be completed within the next week. She said she would e-mail the team working the loan to try and get an update. On or about XX/XX/XXXX, I called the main number to inquire on the status of the loan modification. The agent could provide no information beyond that it was waiting signatures, so I requested a callback from a loan specialist so we could establish when the loan modification would be completed and what our requirements for a payment in XXXX would be. On XX/XX/XXXX at XXXX XXXX, I received a call back from a loan specialist ( XXXX? ). They stated the team was working directly with XXXX XXXX to ensure everything was being done properly, but the loan modification was nearing completion and we should be receiving the documents within the next week. When asked about a XXXX payment, we were told it was strongly recommended. When asked if it was required, we were again told it was recommended, and after pressing that payments would resume normal schedule once the modification was complete. On XX/XX/XXXX, we received an envelope from MB Financial via regular USPS First Class Mail ( no tracking or proof of delivery ) that contained the executed loan modification documents. The document was signed by MB Financial representative XXXX XXXX, Vice President, and notarized with a date of XX/XX/XXXX, more than one month prior to receipt by us and after multiple MB Financial representatives had stated the loan modification was still in progress and awaiting signatures. I called the main number on XX/XX/XXXX at XXXX XXXX and again requested a status update on the loan modification. I was told the loan modification was still in progress, despite receiving the loan modification documents, and I again requested our requirements for payments. It was recommended we continue to make the trial payments, but when pressed, we were told payments would resume when the loan modification was complete and in effect. On XX/XX/XXXX at XXXX XXXX, I received a call from loan specialist XXXX who informed me that our loan was behind and that payments for XXXX and XXXX were due at the time of his call. When I explained the call history I have had with MB Financial, he referred to the loan modification documents that outlined payments to resume in XXXX and said the XXXX and XXXX payments were past due. When I said I disagreed based on conversation with multiple agents from MB Financial and wanted the CFPB to review the case, he said he would have his supervisor contact me. On XX/XX/XXXX at XXXX XXXX XXXX, I received a call from XXXX. I was unavailable to take the call at that time and she left a voice mail for me to return her call. I called XXXX on XX/XX/XXXX at XXXX XXXX to return her call and was told by the agent she had just left for the day. I asked to leave a message for her to return my call the following day and the agent stated he would. After three business days with no return call, I called the main number again on XX/XX/XXXX at XXXX XXXX to try and reach XXXX. Agent XXXX answered the phone and said XXXX had been busy with other projects but he would e-mail her and the entire team handling the loan so I would get a call back before the end of the business day. I explained that were wanting to get this issue resolved so we could get back on a regular payment schedule and that we would file a complaint with the CFPB if the bank failed to reach us on this issue. As of the close of business yesterday, XX/XX/XXXX, we have still not received a call back from MB Financial on this issue.

Company response to consumer: Closed with explanation