Consumer complaint received 2021-04-14
Company: Caliber Home Loans, Inc.
State: ME
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
In XX/XX/XXXX XXXX the current holder at the time of our mortgage called to " refinance '' our loan to include escrow account for taxes and insurance. They told us it would be less than 30 days to process. XX/XX/XXXX I asked XXXX if I should give a mortgage payment, they said the payment amount will change once the loan refinance took place, they claimed " short staffed '' as reason it was taking so long. In XX/XX/XXXX I received a foreclosure notice for being 90 days past due. I called the office and they were closing in XX/XX/XXXX! I paid the deliquency of that foreclosure notice, in full. Now that the local office I went in person or on phone to process my loan payments was closed and the main office did not recognize my foreclosure being " cured '' so they refused to accept payments outside of XXXX. This developed into me looking into Loan modifications. During the Fall of XXXX I went through credit counseling agency to do a loan modification they refused me 3x that year. Said I did not qualify for the Loan Modification due to the value of my home versus the Loan amount needed to refinance. In XX/XX/XXXX I received a repossesion notice for my vehicle that was also financed with XXXX ( remember the office closed, so my refinance turned into a foreclosure ) I called a lawyer XXXX XXXX law office in XXXX ME. He was highly recommended by XXXX in XXXX Me as well as the District Attorney Office in XXXX Me. I made an appointment to speak with him, and I told XXXX that I was talking to an Attorney about the mortgage and the vehicle is now part of that lump sum. They then, before we could file, put an order for repossesion on my vehicle. I contacted XXXX XXXX and he put in emergency ch XXXX filing so I could re take possesion of my vehicle, which we did. I then proceeded with the chapter XXXX, filed XX/XX/XXXX. On many occasions staff from XXXX XXXX office tried to re-negociate loan modifications or refinance before proceeding with Ch. XXXX case. I was looking for Foreclosure defense not to file bankruptcy, but I was assured that was our only avenue to keep our home. Being of middle class means I could not hire him for the service I truly needed. He made about XXXX from ch XXXX with very minimal work. I brought up several violations through out the XXXX process, including foreclosure attempts while ch. XXXX was still open. We also discovered the foreclosure of XXXX was still on the record, so had to open and close the case so that XXXX was allowed to close foreclosure case of XXXX that was paid in full, to back date the closing of that foreclosure, that led me into the current foreclosure. This was done in XX/XX/XXXX or XXXX. XXXX XXXX made them remove the foreclosure from the record with a slap on the wrist, and with no attention paid to other matters such as FORECLOSURE FRAUD. During our Ch XXXX, our servicer was transferred to XXXX Loans. XXXX was no longer the servicer/lender of our account. We tried to do loan modifications and refinances with XXXX loans, and they denied us 3x as well. Just saying that they did not have to participate with loan modifications because they do not reside in USA. XXXX and XXXX XXXX worked on this case alot on behalf of XXXX XXXX. XXXX was the only one that actually tried to see our point and try to assist us, but because they were retained for Bankruptcy and not Foreclosure Defense, they gradually stopped helping in that capacity and would only converse or respond to questions concerning Bankruptcy case, although knowing of many instance of fraud on our account. XXXX ( my husband ) and I, devoured the CFPB website for information and help to build our own case. We did not make mortgage payments at that time Hoping to win the case. And to get the attention to the fraud on the account I could not get any help unless facing foreclosure, which we were not during the ch XXXX, In some of the investigation during the XXXX case, XXXX XXXX did find that Our Home Equity Loan was approved on wrong calculations of the equity of our home. On XX/XX/XXXX XXXX XXXX submitted amendment " order avoiding lein on real property '' of the HELOC loan in the amount of XXXX because at the time there was no equity to borrow from. And they falsly calculated our house value to create a fictional equity that did not exist at the time of loan. According to denied loan modifications due to the value of the house and the amount owed. This was not filed with the register of deeds until XX/XX/XXXX. During this time frame XXXX I was taking care of my mom and step dad that were both terminally ill. I was self employed since XXXX and did not contribute any income to the household and our financial circumstances had changed so we sought a loan Modification with Caliber loans. As indicated in section f in our Loan Modification, " If servicer makes advances for payment of taxes or insurance, accrues interest, or posts late or other fees or expenses to the loan, each of which is permissible under the loan documents to add to the amounts outstanding under the note, between the date of the servicer generates this agreement and the date the agreement is processed, then these amounts will either become deferred amounts under the loan documents or will be offset with a portion of good faith funds, if applicable. Deferred amounts do not accrue interest. The deferred amounts will be due at the earlier of payment in full of note, or the maturity date. If you sell the property or refinance the loan, you will require to pay the deferred amount in addition to any other amounts due at that time. '' So any unpaid balances went into a " deferred Loan '' or Balloon payment of over XXXX Over the time of the review of the loan modification I again brought up many accounting issues I was concerned about going forth with Caliber Home Loans due to prior issues. I was assured that because it is a loan modification and is a legal document that I would not experience any further fraud. In XX/XX/XXXX My mom passed away and in XX/XX/XXXX my Step Dad Passed Away. Doing a loan modification was what we wanted to do, but wanted to make sure that they did not sneek in the HELOC loan amount, which they did try to do, XXXX caught that as well, but again NO ONE wanted to tackle the fraud issue being presented many times now. We entered into a loan modification XX/XX/XXXX with a " trial period '' XXXX and signing the Loan Modification XX/XX/XXXX. The payments were XXXX ( approxiamate ). On XX/XX/XXXX I received a letter fro Caliber Home loans that our Loan Modification Trial Period Plan was complete and the new payment of {$1100.00} of certified funds or money order with copy of signed Loan Modification Agreement. We made our payments from that point on on time, or with in the same month. I received no documentation, statements or anything before during or after the Loan Modification ( outside the processing of Loan Modification. ) We received no statements that reflected a deficiency balance in our escrow. The loan amount of XXXX included taxes and insurance and was a demand of the servicer for the completion of the Loan Modification. On XX/XX/XXXX was the first statement I received with this information. of a XXXX shortage in our escrow account bringing our payment from XXXX to XXXX monthly for a year to pay the XXXX ( rounded down ) shortage. I called XXXX loans to ask how I could accumulate in a years time, XXXX shortage in our escrow? They advised me to look at my mortgage analysis and it will tell me. I found in my investigation that a large amount added was XXXX ( rounded down ) and then some smaller amounts paid to the town and insurances. In my investigation I found that XXXX was an amount in the XXXX and that amount was placed in " uncollected fees '' in the deferred loan created in the Loan modification. I contacted XXXX XXXX again, she had helped me since XXXX to navigate this long 11 year process. She sat down with my information and agreed that there was definate errors and assisted me to write QWR requesting information about the breakdown of the escrow shortage amount. They sent documents requested but did not address the problem or questions. I called them several times spending hours on the phone each time I called being transferred to 3-6 people to be left with " our legal department needs to look at this '' I did not receive a response to the questions about the XXXX and they refused to give me documentation they used to calculate the loan modification loan amount to meet all escrow needs at that time, we discovered that the loan from its inception did not meet the needs to satisfy what was needed to meet the escrow needs, creating partially, the shortage. I understand that escrow accounts fluctuate, when taxes go up and insurance premiums rise and fall, but not XXXX in one year! Over the next 3 years we struggled to make the payments on time, due to XXXX increase in our payments a month. We would tell them each and every month we are struggling to make the payment and need to talk to someone about the escrow account. I found out that my escrow account remains XXXX in shortage and that on XX/XX/XXXX they will transfer to another servicer. I called XXXX XXXX on XX/XX/XXXX to inquire about an attorney to represent me in this case. She had previously searched for an Attorney in the state of Maine, with no luck. I was advised by XXXX XXXX to call CFPB and file a complaint. I called CFPB on XX/XX/XXXX and was advised to submit a complaint online. I the called the Attorney General of Maine to see if they could recommend an Attorney to represent us, he said he does not do that nor does he know any lawyers that would represent us, but thought it odd that XXXX XXXX, could not refer me to an Attorney. I informed him she tried and there is none. I told him that I sought 10 Attorneys and 3 of them did not participate in that kind of law case although advertised through the bar association, and 7 others declined as not taking on new cases or conflict of interest. So now here I sit with no way to even hire an Attorney to represent me in a case that is very clear and I have all the back up documentation that proves the moving of the funds prior to loan modification and them moving back into the account after the loan modification was in place, deliberately causing a hard ship during a loan modification. I have tried to work with the creditors, and even did a Loan Modifcation, acquiring a huge debt, yet they get away with fraud. This has been going on for 14 years total. I have yet to find an attorney to help me. Even the Attorney General of my State could and would only refer me to a housing counselor which I had worked with from the inception of this in XXXX, but had no reference to an Attorney to help me. He said in closing to contact XXXX XXXX would be his only advice and to look up attorneys online, which I had already explained that XXXX and I could not find an Attorney, I called 2 Attorneys today, that advertise Mortgage/Escrow accounts. I called XXXX XXXX XXXX today, and was told that the attorney that handles escrow or real estate law is retiring end of XXXX and are not taking in any new clients. I asked for a referral of another attorney in Maine that may be able to take the case, she recommended XXXX XXXX XXXX in sanford Me, I called them today and she will call me back after she speaks to her attorneys to see if any will take the case. My issue is I have numerous incidents of fraud, I can not find assistance in my state to present this case in court. Now my servicer will change again, and I will most likely be at square one again. I tried to contact the new servicer XX/XX/XXXX but because I do not have an account yet, I cant get through the prompts. My loan is not even set up and they will take it over next week. I am beyond " Negociating '' anything with this. I feel there needs to be a through investigation into the practices of Caliber Loans and into y case specifically. In my investigations Caliber Loans has many violations and has paid numerous fines for Fraud with same issues I am bring forth for last 14 years. I have been more than patient and more than cooperatiive. I feel they should be held to the same standards I am expected and I feel the State of Maine is doing a dis service in the area of consumer fraud. I hope this leads to many home owners having more honest and accurate accounting practices from lenders and servicers in this state and the entire USA. In the summer of XXXX I believe, I received notification from the Independent Foreclosure Adminstrator, asking us to send in claim, we did and was given XXXX in damages from FORECLOSURE FRAUD. Clearly, there is fraud, clearly I and my husband have done all we can do to this point. I need your help to prove that this company is not complying with USA Lending practices and are maniupulating ledgers to increase my escrow balance and raise our payments so we would default, as it will raise to XXXX interest if it goes in default, according to the Loan Modifcation.

Company response to consumer: Closed with explanation