Consumer complaint received 2018-02-01
Company: Real Time Group, Inc.
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
In early XXXX, I applied for a modification on my home. XXXX XXXX XXXXXXXX ( XXXX ) had acquired the 1st and 2nd, which was a HELOC, from XXXX. I just learned last week that XXXX XXXX XXXX sold the second in XX/XX/XXXX, shortly after they received my HAMP application. I learned this week that it was sold to XXXX XXXX XXXX  XXXX ( XXXX ). XXXX never advised me that they sold the 2nd and I have never heard from XXXX ( the buyer ) nor Real Time Resolutions , Inc. ( RTR, the company that services the loan for XXXX ). 

In XXXX, while still trying to get the modification through XXXX, I filed Chapter XXXX bankruptcy. Once the Chapter XXXX against all non-secured creditors was discharged ( on XX/XX/XXXX ), my attorney filed a Chapter XXXX against the secured creditors. At the time of this filing, the house was appraised at {$150000.00}. The balance on the 1st was {$280000.00} and the balance on the 2nd was approx. {$67000.00} plus. In XXXX, the lender for the 2nd reported to XXXX that the loan had a XXXX balance. On the XXXX report dated XX/XX/XXXX, it shows that the loan was paid XX/XX/XXXX and closed XX/XX/XXXX. 
In XX/XX/XXXX, the court dismissed the Chapter XXXX. When I talked to my attorney, she indicated that it was dismissed because we were in the process of getting the modification. Since I was not made aware that the loan was sold, the attorney nor I knew that we needed to complete the Chapter XXXX ; which would have resulted in the 2nd being stripped since there was no equity in the home. Because neither XXXX nor XXXX/RTR informed me of the change, it was believed that the 2nd was included in the modification. On XX/XX/XXXX, XXXX had advised me that if they had not sold the loan in XXXX, it would have been included into modification. 

After going through all of the hoops for almost 4 years with XXXX and after hiring an attorney, XXXX finally approved the modification in XX/XX/XXXX and it was finalized in XX/XX/XXXX, after making three monthly payments on time. If any of these three monthly payments had been missed or even one day late, the modification would not have been finalized. At the time the modification was approved, the balance due XXXX XXXX  XXXX was {$320000.00} and the house was appraised at {$170000.00}. We had thought that this included the HELOC ; however, I just found out that XXXX did not include the 2nd in the modification because it was sold to XXXX. 

All of this was discovered on XX/XX/XXXX, during my process of refinancing my home so that I can pay the federal and state tax liens and the medical bills we have incurred due to my husband becoming a XXXX XXXX and having many XXXX XXXX. The refi lender had asked me why the 2nd lien was still showing, I advised them that it was part of the modification with XXXX and should go away once we refi is completed. When we tried to get XXXX to provide a Release of Lien due to the modification, we were informed that the loan had been sold in XXXX. It was during this conversation that we were told it was sold to RTR. XXXX gave me the contact information to RTR. 

When I called RTR on XX/XX/XXXX, the call was transferred to XXXX XXXX of the Bankruptcy Dept.. At this time I was told that my balance is {$86000.00}. When I asked him why they never notified me during the seven plus years they have held the loan, their response was because I was in bankruptcy. When I asked them why they didn't contact me after the bankruptcy was over, I was told that I didn't have to pay the loan. Since, he said that, I then asked him to send me the Release of Lien. He said he would not send me the Release of Lien until the 2nd was satisfied. In practically the same sentence, he tells me I do not have to pay the loan and that they will not release the lien unless I do.

When I called RTR again on XX/XX/XXXX, I talked to XXXX of the same department, I was told that RTR was not the buyer, that they only service the loan. It was then that he advised me that XXXX was the buyer. He repeated that I didn't have to pay the lien and that the only way they would release it was if I satisfied it. When I told him there was not enough equity, due to the 2nd that I had no knowledge still existed, he said they would do a short sale but I would have to fill out paperwork and provide documentation regarding the value of the home, etc. 

I believe that XXXX/RTR intentionally neglected to notify me that they were the new lien holder. In addition, they willfully neglected to send me statements of any kind over the seven plus years since they acquired the lien. They knew that I was in a Chapter XXXX process and that I was in the process of modification with XXXX. They are now holding my property hostage. They have committed intentional neglect and unethical and unscrupulous business practices against me which, if the refi does not go through, will cause me a great deal of financial harm and physical and emotional stress. 

The company that is trying to do the refi for me are the ones that recommended that I report XXXX, XXXX, and RTR to CFPB. I am doing so because I do not want these companies to continue to impose these harmful business practices on other non-suspecting consumers as myself.

Company response to consumer: Closed with explanation