Consumer complaint received 2017-08-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
For over four years we have communicated with Capital One Short Sale Department for a short sale for our real property. Most recently we commenced the process again in XX/XX/XXXX. All documents including the financial worksheet, 3rd party authorization, short sale package, XXXX Listing agreement, offer and binder for sale of the property were provided. Capital One Short Sale Department was contacted on XX/XX/XXXX ( fax listing agent, 3rd party authorization ) XX/XX/XXXX ( XXXX Listing and shortsale package by email ), XX/XX/XXXX ( called ), XX/XX/XXXX, XX/XX/XXXX ( XXXX Capital One, and XXXX ), XX/XX/XXXX ( XXXX ), XX/XX/XXXX ( XXXX ) ,XX/XX/XXXX sent the graceful exit forms ( XXXX ), XX/XX/XXXX ( XXXX ) , XX/XX/XXXX, XX/XX/XXXX ( XXXX ) , XX/XX/XXXX ( XXXX ) credit authorization form sent and completed all documentation for XXXX and XXXX the third party providers of Capital One and they stated that they were going to list and auction the property, XX/XX/XXXX Listing addendum sent, XX/XX/XXXX ( XXXX ) , XX/XX/XXXX ( XXXX and XXXX ) ,XX/XX/XXXX changed locks because of breaking into the home and police called, reported to Capital One, XX/XX/XXXX ( XXXX ) home declared noninhabitable by Town of XXXX letter sent to Capital One, XX/XX/XXXX spoke with XXXX of Capital One , XX/XX/XXXX XXXX  contacted because the Capital One Third party provider changed locks and removed the padlock installed by the Town of XXXX. XX/XX/XXXX Contacted home preservation department and spoke with XXXX to cease and desist entry into the property. XX/XX/XXXX Capital One grants conditional approval letter on XX/XX/XXXX stated XXXX and that the file was with XXXX the shortsale underwriter. XX/XX/XXXX Appraisal of the property delivered to Capital One and it is reported that within 7 days that XXXX would list the property and that if the auction bid was completed the property would be sold. XXXX has delayed the listing after receiving all documents and over two weeks have elapsed without any listing. XXXX ( XXXX XXXX account manager ) and XXXX refused to accept the XXXX Listing with photos and continuously finds excuses to reject the documents and photos such as every picture should have a detailed description which is not a condition of Capital One Short sales department. Capital One Short Sale Department assured us that we would be able to complete the process within 7 days with their third party provider and be able to move on with the sale of the property. There is no obligation or written agreement that the homeowner provide 15 photos of the home in order to complete the shortsale especially when the bank performed a BPO and has all the pictures of the home that they need that they can provide to XXXX and XXXX. They have not acted in good faith and continue to find ways to delay the process.For over four months XXXX failed to list the property and requested documents again and Capital One allowed them to delay our shortsale. I am tired and very frustrated and in desperate need of government intervention as they abused their authority and made things entirely difficult to shortsale the property. They have put me through four years of misery.

Company response to consumer: Closed with explanation