Consumer complaint received 2023-11-17
Company: NEW YORK COMMUNITY BANCORP INC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-lieu

Complaint:
I am a XXXX XXXX XXXX borrower that filed an original complaint against Flagstar Bank on XX/XX/XXXX under complaint # XXXX. The complaint was about excessive BAD FAITH that the lender FLAGSTAR BANK demonstrated when offering me a modification under the guidelines of an AFFORDABLE MODIFICATION PACKAGE! My original mortgage payment was {$3000.00} and the AFFORDABLE MODIFICATION PAYMENT was over {$7000.00} with a TAKE-IT OR LEAVE-IT OR LOSE YOUR HOME ATTITUDE FROM THE FLAGSTAR LOSS MITIGATION DEPARTMENT !

FLAGSTAR managed to quell the CFPB Complaint by replying that they would work it out with me but never did! Shortly thereafter XXXX hit and the foreclosure process was on hold. As soon as XXXX past FLAGSTAR BANK was back on top of me- forgetting that they had a pending approved modification that needed to be reduced from $ XXXX to an affordable monthly payment. Instead they moved to foreclose scheduling a date of sale to take my property instead of negotiating a better payment as promised. 
I have been sickly and was firstly recovering from a Mastectomy because of XXXX XXXX but on XX/XX/XXXX I suffered a XXXX  XXXX and my condition was so bad I had to get a pacemaker to stay alive. After going to rehab I returned home and was unable to digest food or use the bathroom properly for some reason. I was rushed back to the emergency room where they removed XXXX XXXX  ( XXXX ) of my XXXX in a life or death XXXX! I ended up in the rehab again until I could use the bathroom normally and returned home to visiting physical therapists and in-home rehabilitation. The doctors needed me to get stronger because they needed to fix a flap in my XXXX and I returned to the hospital to get prepared for the XXXX and during the preparation I suffered another XXXX. I returned yet again to rehab and my condition slowly improved over the last few months. On XX/XX/XXXX doctors repaired the flap in my XXXX and I am writing this complaint while laying in my hospital bed during recovery. 
After returning from the hospital I was directed by the United States XXXX Bankruptcy XXXX to work out a modification with Flagstar Bank regarding my past due mortgage that was in foreclosure pending a sale. XXXX sent me a modification package. They explained that once the package was received for review the foreclosure sale would be removed from the court calendar. On XX/XX/XXXX I submitted a Modification Package to FLAGSTAR BANK. They acknowledged receipt. I spoke to the loss mitigation team who assured me that the foreclosure sale date would be removed from the court calendar because they were in the process of evaluating the modification. They kept promising to remove the sale date that was nearing so I called their attorney directly and had to advise him that I was in the middle of a modification evaluation and ONLY THEN did he say he would contact Flagstar to confirm as FLAGSTAR DID NOT NOTIFY the attorney to remove my home from the foreclosure sale calendar. I did receive a letter requesting additional items necessary to continue evaluation of the mod package. I sent them the documents but they kept requesting additional documentation that was not on their original deficiency letter until the window for the modification package expired. I asked them for more time and they denied me and said I should submit a new ( tedious ) modification package again. 
On XX/XX/XXXX I submitted yet another Flagstar Electronic Modification package online, with all requested documents included ( the system would not submit the package unless all *required forms were included ). Thereafter I received a letter in the mail dated XX/XX/XXXX requesting the same documents that I had already submitted in the modification package. I was still in and out of medical care but decided to call and find out why I was being asked for things I already submitted. The Letter said we had until XX/XX/XXXX to submit. 
I spoke to a FLAGSTAR representative on XX/XX/XXXX who verified my identity and I explained that I have questions regarding deficiencies. He put me on hold for a long time and returned with a WHOLE NEW list of items that HAD NOTHING TO DO WITH THE FIRST LIST! I asked him why wasnt this list in writing and he told me to just get the things hes asking for because hes telling me verbally and there is no need to have it in writing! I asked him if there is a sale date and he said XX/XX/XXXX I asked why is there a Sale Date if there is a submitted and accepted Modification application. He said it normally would have been removed but its there just in case the Modification does not work out - so they will sell my home quickly thereafter! 
I called back on the XXXX of XX/XX/XXXX and spoke to XXXX XXXX as I wasnt content with how the prior rep attended the call the day before. I asked XXXX XXXX why would FLAGSTAR request the same documents we already provided. He went on to explain that the FLAGSTAR Notice Of Incomplete Application ( deficiency letter ) is NOT A CLEAR and UNDERSTANDABLE LETTER because it doesnt explain exactly what FLAGSTAR needs from the borrower in order to update the application. He went on to say, there is some missing or wrong information on my documents and they need to be updated. But the letter said nothing like that and was extremely misleading as if FLAGSTAR NEVER RECEIVED MY DOCUMENTS AT ALL! XXXX XXXX agreed that the letter is misleading! 
I went on to explain that his colleague requested additional information outside of anything that was already on the letter and that I would need more time to gather those documents. One of those documents was current tax returns which I would have to talk to my accountant to get and it would require more time because Ive been sick and didnt have the strength to compile all the documents for the tax filing. I asked XXXX XXXX to extend the deadline of XX/XX/XXXX seeing all of the unforeseen requests and misleading information. He said No he will not grant more time and I should just send up the info late or reapply! I also asked why the Date of sale was not removed from the foreclosure calendar and he said he doesnt know why and that it should have been removed once our application was being reviewed. He said its their policy!

FLAGSTAR is showing so much bad faith here. The Foreclosure Sale Date should have been removed from the Clalendar once FLAGSTAR received the application for review. The XXXX weeks of advertising of the sale should start after the modification application expires. It seems They have been planning to NOT APPROVE our Modification as they already have a sale date that is coming up on XX/XX/XXXX which had to have been advertised over the last few weeks. BAD FAITH and UNETHICAL! 
Finally I called FLAGSTAR on XX/XX/XXXX to ask them to put exactly what they require in writing ( in detail ) so that we would know exactly what to either submit late or reapply with everything at once. XXXX XXXX said they refuse to put anything in writing and they refuse to grant more time! I also wrote a letter to them regarding the Bad Faith and Confusion and asked XXXX XXXX to retrieve it from their online system. He became irate with me after reviewing the letter and began to ask me if I didnt realize I was in foreclosure since before COVID! He Became very combative and behaved as if he didnt want to forward my letter to the supervisors! I insisted that he put the complete list of changes and requested documents in writing and he refused saying he can simply tell me and I can write it down! The behavior was atrocious! 
This complaint is long because I would like to show CFPB a pattern of Bad Faith and Unethical Practices by FLAGSTAR Bank!

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