Consumer complaint received 2019-10-23
Company: Southwest Business Corporation
State: GA
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
As the homeowner, I defaulted on my home loan due to loss of income. My lender, SWBC Mortgage approved my request for a loan modification for a forbearance for XX/XX/XXXX through XX/XX/XXXX. I agreed to pay {$5.00} per month during my forbearance period. The final payment was logged into the lenders system as received on XX/XX/XXXX. Upon my final payment I was not informed on the next steps to achieving a temporary or permanent loan modification. Therefore in XXXX and XX/XX/XXXX, I contacted the lender and was told that I needed to submit another request for loan modification application. The representative stated a packet would be sent to me. According to the lender, the 1st packet was sent to me in XXXX, I waited, but I did not receive it. After several calls to lender, letting it know that I had not received the packet, I finally received the packet in XX/XX/XXXX. I sent to the lender the request for a loan modification application and supporting documentation. The lender documented in their system that they received the work-out packet on XX/XX/XXXX. 

Unknown to me, the lender had activated foreclosure procedures on XX/XX/XXXX, the day after logging in my final forbearance payment. The lenders correspondence on XX/XX/XXXX, XX/XX/XXXX, and a second letter on XX/XX/XXXX highlighted their interest to help me to resolve the default on my loan. Both letters dated XX/XX/XXXX contracted the status of my effort for the review of my packet. One letter dated XX/XX/XXXX stated that the documentation was either incomplete or requires an update sent to the lender for review for my modification request. The second letter with same the same XX/XX/XXXX date stated that we are unable to complete a review of the application and fully evaluate you for a homeowner assistance program because the application was received less than 15 days prior to the scheduled foreclosure sale on XX/XX/XXXX. I do not believe the lender followed the Georgia foreclosure process according ( GA Code Ann. 44-14-162, 44-14-162.2 ) : 1. I did not receive a 30-day Notice of Intent to Foreclose. I also did not receive a notice of foreclosure via registered mail, certified mail, or overnight delivery. The only notification that I received that foreclosure was going to happen was the letter received on XX/XX/XXXX regarding the review of my loan modification request application.

2. I contacted the XXXX XXXX, the local newspaper, to confirm that the lender had followed Georgia Code that the lender made advertisement, a Publication of Notice of Sale, in a newspaper in the county where the property is located once a week for four weeks before the scheduled sale date ( GA Code Ann. 13-1-11. ) According to the local newspaper, the lender did not through public notice process. The search was made for the period of XX/XX/XXXX through XX/XX/XXXX. The XXXX XXXX confirmed that the lender had NOT made public notice. 

Now the lender has requested through magistrate court my removal from the home. My court date has been scheduled for XX/XX/XXXX at the XXXX County Magistrate Court in XXXX, Georgia. 

I believe the lender violated my rights as a consumer. I believe the lender did not want to work with me in good faith because they have identified that my home has increased in value ; the homes market value is over {$190000.00}, more than {$50000.00} above my purchase price 7 years ago. The lender did not operate by good faith after making my payments according to the forbearance agreement. The lender delayed sending to me the request for loan modification application. The lender stated it took 3 mailings for me to receive the packet, however I had only received one packet inXX/XX/XXXX, 30 days after making my final forbearance payment. I was unaware of the activation of foreclosure procedures. I did not receive notification via certified or registered mail and the lender did not conduct a public advertisement of the foreclosure to be completed on XX/XX/XXXX. 

My request is for the mortgage loan to be reinstated or new loan issued. I am also requesting that the foreclosure to be removed from my credit report. I would like for the {$4000.00} that I sent to the lender in XX/XX/XXXX to be applied as loan payments. In XX/XX/XXXX I sent {$4000.00} to the lender as required by lender as per the representative. The lender is holding it in escrow as per the representative to pay the attorney fees ; I would like for the money to be applied to my reinstated loan or returned to me. If the loan is not to be reinstated, because the lender did not follow proper foreclosure process, then the lender is to pay me the {$50000.00} for the equity they took from me for their decision to deliberately foreclosure so that they can take advantage of the current fair market value and obtain the equity through the resale of the property. And in addition to the payment, I want the foreclosure removed from my credit report. I am requesting that the lender not be able to seek a deficiency judgement.

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