Consumer complaint received 2019-02-21
Company: JPMORGAN CHASE & CO.
State: GA
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
Chase Mortgage Re : Error Resolution Notice under 12 C.F.R. 1024.35 We are filing this complaint and Qualified Written Request to appropriately resolve errors pertaining to the mortgage on our property. 

Our mortgage is in arrears because Chase failed to recognize us as legitimate successors in interest ( XXXX ) to this property which we inherited from my father, a U.S. military veteran with a VA loan serviced by Chase. He died in XXXX and willed the property to us through his uncontested last will and testament. Chase failed to abide by the rules specified CFPB Bulletin XXXX pertaining to identifying and notifying legitimate successors in interests of their rights under the law. If Chase had promptly recognized us as legitimate successors in interest we would have been able to keep the mortgage payments on this property current. 

Due to the mortgage being in arrears, we have attempted to file a Chase Request for Mortgage Assistance application 30 times since XX/XX/XXXX. We have sent our applications to Chase offices in XXXX, Colorado, XXXX, Ohio, and XXXX, Florida by USPS certified mail, XXXX, XXXX, and fax. Each time we have submitted our application, Chase either tells us they did not receive all of our documents ( lost them ), or Chase ignores our application altogether. 

We filed our most recent application with our dedicated relationship manager at Chase in early XX/XX/XXXX. We sent our documents via XXXX ( delivery and receipt confirmed ) and by fax to the offices of our dedicated relationship manager in XXXX, Florida through a local Chase branch bank. The branch manager and vice president of the bank confirmed her receipt of our faxed documents. 

We never received any response from our dedicated relationship manager ( or anyone else at Chase ) to our application submission in XX/XX/XXXX, and we have strong reason to believe that our paperwork has been lost again and key documents submitted with our applications have NOT been processed. Our advocate at the U.S. Department of Veteran Affairs informed us that he was told by Chase officials he communicated with in XX/XX/XXXX that they ( Chase employees ) were having trouble identifying, sorting, and processing the documents we submitted with our Request for Mortgage Assistance application in XX/XX/XXXX. 

Chase also authorized its law firm to initiate foreclosure proceedings on our property on XX/XX/XXXX in direct violation Georgia law. According to the Georgia Office of Attorney General, Georgia law ( Official Code of Georgia, Sections 44-14-162 through 44-14-162.4 ) requires that a notice of sale must be served on the original mortgagor or current owner, by certified mail, return receipt requested at least 30 days before the date of the proposed foreclosure sale. The notice must be sent to the borrowers last known address, which is the address listed on the Deed to Secure Debt or an address the borrower has subsequently designated with notice by certified mail to the lender. Chase ( and its law firm ) did NOT provide ANY notice to us of the proposed foreclosure sale on XX/XX/XXXX via certified mail ( or through any other means ) as required by Georgia law. As a result, we did not become aware of the pending foreclosure actions within the time frame required by Georgia law. Both our attorney and our advocate in the U.S. Department of Veteran Affairs have confirmed to us that your present foreclosure attempt is not legal and valid. The failure of Chase ( and its law firm ) to abide by Georgia law in this instance is an egregious error that Chase must rectify at once by cancelling the pending XX/XX/XXXX foreclosure until our personal and confidential documents associated with our recent Request for Mortgage Assistance can be located and properly processed. 

We have strong reason to believe that Chase has lost and/or misplaced our confidential documents associated with our Request for Mortgage Assistance submitted in XX/XX/XXXX since we received no response from our dedicated relationship manager. Consequently, we request that Chase research this matter immediately and provide written confirmation that our confidential documents and personal information have not been lost and/or compromised by Chase employees. If any of our documents can not be located, we request that Chase inform us immediately and allow us to submit them again. We further request that Chase provide us free credit monitoring for a period of no less than three years in the event some of our submitted application documents are missing. 

We our making our request for error research and correction based on our legal rights provided to us in Regulation X of the Real Estate Settlement Procedures Act ( RESPA effective XX/XX/XXXX XXXX and the Consumer Financial Protection Bureau Bulletin XXXX.

Company response to consumer: Closed with explanation