Consumer complaint received 2019-02-07
Company: Seterus, Inc.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX took my house while I was working with Seterus to sell it. I want an investigation into Seterus and XXXX XXXX and how they reneged on their agreement to not take my house because I was selling it. I also want an investigation into why they did not notify XXXX XXXX that I was selling the house and making good on my repayment of the mortgage. 

Although I refer to my attorney throughout this account, he is not currently my attorney and has not been representing me for more than a year and a half. He also sent a fax to Seterus, as requested, stating that he is no longer my attorney. This should resolve the issue Seterus seems to think they have in communicating directly with me. 

I filed Chapter XXXX bankruptcy in XX/XX/XXXX. I struggled to keep up on payments on my house. 
XXXX XXXX, XXXX Lenders lawyers filed a motion for Relief from Stay, served papers to Trustee and to my attorney. At this time I was talking with my attorney about getting out of the bankruptcy, facing the fact that I should sell my house, pay what I owe and move on. 
XX/XX/XXXX I signed docs with an agent to sell my home. My real estate agent and I got in contact with my lender to advise them of my plan and they agreed not to pursue foreclosure. They would get their money in full when the house sold. I started showing the house, ready to sell. XX/XX/XXXX The Relief from Stay was granted to lender, I didn't receive this info until the paperwork arrived in the mail. This was around XX/XX/XXXX. 
XX/XX/XXXX Motion to Dismiss Bankruptcy Hearing, it was granted. 
XX/XX/XXXX Notice posted on my house that XXXX XXXX had taken ownership of my home and was intending to sell. At that time I had a verbal agreement with Seterus to let me sell my house and pay them what was owed in full. My attorney at the time and my real estate agent were communicating with Seterus and working out the details of stopping the foreclosure and waiting for me to sell my house and pay them what I owed. A sale by me would have left me with a substantial amount of money in my pocket when I moved on ( estimate of at least {$80000.00} ). I would also not have a foreclosure on my credit report. This has caused great harm to my ability to find affordable housing. It has left me with no savings at all. 
These issues are why I am pursuing a case against XXXX XXXX and Seterus. Seterus failed to communicate the agreement we had ( between myself and Seterus, and between my realtor and Seterus ) to whatever entity at Seterus that was preparing to take my home. 
Seterus never informed my realtor that XXXX XXXX was one of the lenders on my mortgage. I had already started showing my home for sale and had interested buyers, with the full knowledge and agreement of Seterus, when the notice was posted on my home. The entire time line of events makes it plainly clear that Seterus should have never taken my home. I have no idea why Seterus or XXXX XXXX would take my home when they were fully guaranteed to receive a complete reckoning of my account. They would have been paid in full. As of today, the house never sold at auction and it is still for sale. If my home had sold at the time I had it on the market ( which at the time was very much a seller 's market ), I would have sold it for between {$330000.00} and {$350000.00}.

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