Consumer complaint received 2023-04-17
Company: PNC Bank N.A.
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am accusing PNC of dual tracking my mortgage from XXXX, charging excessive fees after refusing final trial payment of approved modification, and then accelerating my loan and proceeding with foreclosure before my modification request was denied or time allowed for appeal. In addition to failing to credit more than {$11000.00} in payments, inaccurate credit reporting, and failure to respond to Notice of Error letters in allowed time or at all. 
The mishandling and deceptive actions by PNC spanned over years and caused financial devastation for me and my family. We are still suffering from the fallout of their deception. Here is an overview of what happened during that time. Additional documentation, confirmation available on request. I purchased my home in XXXX of XXXX with my then husband, XXXX XXXX. 
XXXX XXXX and I separated in XXXX and our divorce was finalized in XXXX of XXXX. 
I was awarded the house and a Quit Claim Deed, signed by XXXX XXXX, was filed with the county. I remarried in XXXX of XXXX and informed PNC of my changed marital status and last name. I reached out to PNC the end of XXXX after I had missed XXXX payment. I filed XXXX XXXX bankruptcy, with my current husband, on XX/XX/XXXX. At the time of filing mortgage payment arrears totaled {$4300.00}. I was then 3 months behind in payments. In all of my communications with PNC I indicated my desire to stay in the home and corrected them in regards to my current legal name. The XXXX XXXX bankruptcy plan mandated I was to pay {$1400.00} a month directly to the bankruptcy trustee. The {$1400.00} was to pay lenders as determined by the bankruptcy court. Current mortgage payments to PNC were part of that order. Additionally I was instructed to continue pursuing my hardship modification request directly with PNC to address the {$4300.00} arrears. I made several attempts to contact PNC regarding my request for modification. I was told that PNC could not speak to me directly and had to go through my bankruptcy attorney. PNC had begun to call myself and my ex-husband numerous times but most times we could only get information if we let the calls ring through to voicemail. If we attempted to answer the call it was dropped before reaching a live person. There was some delay in PNC and my bankruptcy attorney actually speaking because PNC kept calling regarding XXXX and XXXX XXXX. My attorney filed for a XXXX and XXXX XXXX. PNCs failure to change my name in their system resulted in more delays. Once my attorney and PNC spoke and they were given the authorization to contact me directly regarding the modification for past due balances I was given instructions on what to submit to officially apply for a hardship modification. I submitted all requested documentation, including another copy of divorce decree and quit claim deed from XXXX XXXX and marriage certificate from XXXX XXXX to PNC on XX/XX/XXXX. I received a letter from PNC dated XX/XX/XXXX asking for more information and further clarification on certain items. I submitted all documents as requested and on XX/XX/XXXX I received a letter from PNC indicating they had received my complete hardship assistance application on XX/XX/XXXX and I should hear something from them within 30 days of that XX/XX/XXXX date. I received another letter from PNC dated XX/XX/XXXX indicating again that they had received my completed application as of XX/XX/XXXX. XX/XX/XXXX it was determined that I pre-qualified for the Making Home Affordable HAAMP Modification pending the completion of a Trial Period Plan. I was to make three monthly payments of {$1200.00} beginning XX/XX/XXXX with the final payment due on XX/XX/XXXX. At this time the total amount last due on my account was shown to be {$12000.00}. I was continuing to receive monthly mortgage statements and was very confused with the information. It looked like PNC was not receiving any payments towards my mortgage and had not received any payments since filing for bankruptcy. I knew that was not correct because I was getting monthly account details from the XXXX XXXX XXXXrustee. I checked in with my bankruptcy attorney regularly and he confirmed payments were being sent per the chapter plan. In XXXX of XXXX I received a letter from PNC, dated XX/XX/XXXX, that stated this Dear customer, the review of your hardship assistance request has been completed. Unfortunately, as of XX/XX/XXXX we are unable to proceed further with your request for assistance due to the following reason ( s ) : We did not receive your scheduled plan payments as outlined in the agreement. I also received a Foreclosure Notice also dated XX/XX/XXXX. I contacted my attorney immediately and asked if I needed to be concerned about the inaccurate statements and the unclear revolution of the trial period plan He assured me that everything was fine and I was protected by the bankruptcy so I would not lose my home. I received some court papers in the mail in XXXX that indicated my bankruptcy case was being dismissed for failure to complete the trial period plan ( not accurate ) and not having the pre bankruptcy arrears resolved ( direct result of PNC returning final payment ) I later discovered that the trustee sent in several payments to PNC over the life of the bankruptcy case including submitting all three payments as outlined in the TPP. PNC returned the third and final payment and told the trustee the payment was being returned and all other payments should be held because they were granted relief from the automatic stay ( well before they ever approved me for the TPP ) so they were instead Accelerating my loan and the entire balance was due immediately. According to the bankruptcy trustee PNC was sent and accepted more than {$11000.00} on my behalf. PNC could not give me any explanation as to where those payments went. Once the bankruptcy was dismissed ( on PNCs encouraging ) I found myself in an active foreclosure and well behind the eight ball. It wasnt until after I received the Notice of Trustee Sale I was even able to speak to someone at PNC about my account. I contacted the XXXX XXXX XXXX XXXX XXXX ( XXXX ) Housing Program and attempted to request mediation but was then informed that PNC is exempt from participating in any mandatory mediation programs. With help from XXXX I requested a meeting with the lender. Days after requesting that meeting I was contacted by someone in PNCs Loss Mitigation department stating my account was back with them. At first they told me I did not qualify for a hardship modification because I failed to complete the previous TPP. I disputed that with the rep and was then contacted days later and was told I needed to submit a hardship assistance request and there had to be recent hardships that didnt exist on any previous requests or I would be denied. Now I want to mention that during this time and up until very recently I have made multiple inquiries as to the {$11000.00} + payments sent in by the trustee. I made a request that they correct my name every single time they called. I was issued a complaint number in XXXX but it still wasnt until XXXX I received a call saying they had changed my name. My ex-husband sent in a declaration and I submitted a quit claim deed, marriage certificate, and divorce decree more than half a dozen times with no response or resolution.. It is unclear the total amount of fees and penalties Ive been charged since this began or even since XX/XX/XXXX when the original permanent modification should have begun. 
I feel {$11000.00} paid to PNC by the trustee should be refunded to me. I feel PNC should take some accountability for the status of the loan since XX/XX/XXXX. They charged me a whole year of various charges that would not be so had they honored the modification agreement. I had to sell my home so I could purchase a much needed modified accessible vehicle even though I had over {$300000.00} of equity in my home I could not access any of it. I could not get a loan for anything or secure permanent housing after the inaccurate credit reporting, dismissal of bankruptcy, and unlawful foreclosure attempt. 
I have documentation to verify all statements made and can provide it if requested ( Trustee declarations and motions, attorney conversations, letters and statements from PNC, any items submitted as part of hardship assistance requests, statements form my current or ex husband, etc ). PNC never responded to several Notice of Errors addressing my concerns and any response to credit repair attempts simply say enough information has not been provided to justify an investigation into my claims. 
If you need to contact me, my currrmt contact information is following this statement. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX WA XXXX

Company response to consumer: Closed with explanation