Consumer complaint received 2019-03-26
Company: Caliber Home Loans, Inc.
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Loan Background and Pending Foreclosure Your loan originated on XX/XX/XXXX, with a principal balance of {$310000.00}. The original lender was XXXX XXXX  XXXX DBA XXXX. Your loan was later sold to to XXXX XXXX. At that time only XXXX XXXX owned the loan. One of the prior servicers for the loan was XXXX XXXX XXXX. On XX/XX/XXXX, I signed a loan modification agreement wherein I agreed to have the account escrowed for property taxes and property insurance. The escrow is presently incorrect and have no idea who controls XXXX XXXX XXXX  XXXX , XXXX, as Trustee for XXXX Master Participation Trust ( XXXX XXXX  XXXX XXXX XXXX to have acquired my loan from XXXX XXXX on XX/XX/XXXX but there is absolutely no evidence of this by XXXX XXXX recorded on Title per the CAL CIV Code. Caliber Home Loans allegedly began servicing my loan on XX/XX/XXXX. The loan was in a loan modification status with XXXX and therefore XXXX was " dual-tracking. All my payments were not correctly posted to my loan nor were they accounted for when the loan was allegedly transferred to Caliber. I claim that XXXX did not transfer my payments to Caliber until XX/XX/XXXX. You can clearly see funds in the suspense and escrow accounts that were not posted on XXXX records I corroborating evidence, and have provided it many times so please investigate. The Note, as modified by the XXXX loan modification agreement, and Deed of Trust are in full effect and have not yet been canceled. There are two versions of the Note and of the loan modification so they are in the process of being cancelled. Caliber is aware of my spouse XXXX XXXX XXXX pending Chapter XXXX bankruptcy. The foreclosure proceedings are currently on hold as a result of her pending bankruptcy case. Post-Petition Payments As previously explained, you filed for Chapter XXXX bankruptcy on XX/XX/XXXX. On XX/XX/XXXX, XXXX XXXX XXXX fka XXXX XXXX XXXX XXXX filed an inaccurate Proof of Claim ( POC ). XXXX later transferred its defective claim to XXXX XXXX  XXXX. At the time the Proof of Claim ( POC ) was filed, the total monthly payment was much less than {$1600.00}. This amount was adjusted several times as authorized by the XXXX loan modification agreement, and incorrect Notices of Mortgage Payment Change were filed in my bankruptcy case. Pursuant to my confirmed Chapter XXXX payment plan, I was required to pay XXXX XXXX  XXXX Proof of Claim ( POC ) arrearage to the bankruptcy trustee ( which was done and the evidence is there ), and remit ongoing monthly payment directly to the servicers XXXX and Caliber ( which I did ) .. The Caliber Proof of Claim was wrong, and was disputed. I objected to the Proof of Claim ( POC ) in my bankruptcy proceeding. I did not accept the amount of arrearage in my Third Amended Chapter XXXX Plan since I made all the payments as agreed. To support my claim, I referenced the post-petition loan history that XXXX XXXX  XXXX filed in your Chapter XXXX bankruptcy on XX/XX/XXXX. This document now supports my assertion. It shows that I remited full and timely ongoing monthly payments on the loan since XX/XX/XXXX. The post-petition loan history shows the ongoing monthly payments that Caliber and the prior servicer received directly from you. It does not include the payments that Caliber received directly from the bankruptcy trustee. The Debtors Status Report I provided shows that as of XX/XX/XXXX, the bankruptcy trustee disbursed {$6300.00} to your loan and was current. Caliber explained in its XX/XX/XXXX letter that it received and applied the disbursement from the bankruptcy trustee but not the post-petition payments made. Caliber also provided me with a complete payment history dating back to XX/XX/XXXX, but did not include the payments made to XXXX starting in XX/XX/XXXX. The payments shown on the post-petition loan history do not correspond to the payments that I made in my Declaration Setting Forth Post Petition that was filed with the bankruptcy court on XX/XX/XXXX. In the Declaration that I made a {$1000.00} payment on my loan on XX/XX/XXXX, and another made in the same month that was not posted. Those transactions were not reflected on the post-petition loan history as a complete payment in XX/XX/XXXX. The total monthly amount due for XX/XX/XXXX was less than {$1600.00}, there were 2 payments for {$1000.00}. Furthermore, Caliber claims it did not receive monthly payments from you between XX/XX/XXXX and XX/XX/XXXX which is also not true. The ruling in favor of XXXX XXXX   XXXX on its motion for relief from stay is presently in appeal. Instead of applying my payments to the loan, Caliber posted them to a suspense account or escrow. The Deed of Trust does not permit Caliber to hold partial payments in suspense until I make a payment sufficient enough to bring the loan current since the DOT is in dispute as is standing. As shown in a recent payoff statement that Caliber recently provided me, {$1400.00} is currently being held in suspense for no reason and should have been applied as a payment and it was not. Caliber must apply these funds to the balance immediately. I have filed a complaint against an estimated monthly mortgage payment of {$4400.00} as shown in a document filed in Case XXXX Doc Filed XX/XX/XXXX Entered XX/XX/XXXX XXXX which was fraudulent. The Notice of Mortgage Payment Change, filed on XX/XX/XXXX, shows a new total monthly payment of {$1900.00} which is still wrong and is disputed. I continue to allege that Caliber did not apply all my post-petition payments correctly and have provided corroborating evidence, such as a wire transfers and cancelled checks, so that they may investigate. XXXX Circuit Appeal Case No. XXXX is pending and Caliber has failed to appear in my pending appeal in the XXXX Circuit Court of Appeal. Caliber claims that it is not a party to this appeal and has not yet made an appearance. As Caliber is aware, the case is pending the Courts decision. Removal of Publicly Available Information by me since I have asked Caliber multiple times to remove everything related to my home from the internet. Caliber claims it did not receive any such requests. Regardless, California Civil Code 2924f requires Caliber to provide up-to-date foreclosure sale information to the public. Caliber uses a third-party website called XXXX XXXX XXXX to fly drones near the XXXX Airport and to publish information regarding the foreclosure sale my property which is unlawful. I live 3 miles from the XXXX Airport and there is a no fly zone within 5 miles of the airport. Thus, Caliber is again asked to comply with my request. Caliber aledges it takes care to protect its customers privacy, but authorized disclosure of my confidential information. They claim the " Pictures of the subject property posted on XXXX were taken from a public vantage point, and thus do not constitute a violation of privacy '', which is not not true. XXXX is a third-party website and is unaffiliated with Caliber, but Caliber has the telephone number of XXXX XXXX XXXX   all over it. A recent loan modification package has been submitted and Caliber has filed another Notice of Trustee Sale ( NOTS ) on the title of my property which constitutes a violation of " dual-track '' in California and we would like the CFPB at act asap based on the attached Declaration.

Company response to consumer: Closed with explanation