Consumer complaint received 2019-01-03
Company: PENNYMAC LOAN SERVICES, LLC.
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
As of XX/XX/XXXX, PennyMac loan started reporting derogatory/foreclosure information in the amount of XXXX to XXXX credit agency. XX/XX/XXXX my divorce from was final and my ex-husband was awarded the home. During the year of XX/XX/XXXX, I learned that the mortgage payment was not being made on the home. He had filed bankruptcy. In attempt to save my credit, I called Penny Mac and upon every call, they stated that they could only provide limited information because the house was in bankruptcy proceedings. As of XXXX of XXXX, I started the short sale proceedings. The first agent XXXX XXXX whom I contacted on XX/XX/XXXX received the documents but did nothing with them. Never hearing from anyone, again, I started making calls again, only to be told again that I would be given limited information because the home was in bankruptcy. 
XX/XX/XXXX we began to work with XXXX XXXX ( documents attached ). Ms. XXXX held our information and she did not respond upon receiving our information either. After several attempts of trying to contact her, I had to call her supervisor several times to get a return call from Ms. XXXX. After speaking with XXXX, she stated that our paperwork was in their California office and was never scanned in the system. 
A year and some months later, with much missed informed information and being given the run around, all of our required documents were received by PennyMac. I was told that the short sale was denied stating that PennyMac did not have enough time to review our information. This is not true. PennyMac had approximately a year. If it was not enough time for them to review it was because of Penny Mac not forwarding the information in a timely manner. Even to that I never received a denial letter. I called Penny Mac and spoke to XXXX XXXX and he emailed me the denial statement ( attached ). The emailed a short sale letter from XXXX XXXX of Penny Mac dated XX/XX/XXXX states, Your request was submitted with insufficient time to evaluate the short sale prior to the scheduled foreclosure sale therefore, we can not review you for any Loss Mitigation Options at this time. The Investor on your loan/Mortgage insurer did not approve the short sale. 
I have never felt so humiliated in my life. This I do not understand because : 1. I was divorced and the home was awarded to my ex-husband on XX/XX/XXXX. 
2. When I started making phone call after I was informed of the late payments by mail and in order to save my credit, I was told that Penny Mac could only give me limited on the information because the home was in bankruptcy. 
3. I started the short sale processing in XX/XX/XXXX and had provided everything that was asked but the home still went into foreclosure. 
By the court, I am not legally responsible for and I did everything in my power to correct this issue the best I could with limited information. 
Frustrated, I began to research how to get a foreclosure removed from you line of credit, I came across the bulleted statements below. The bulleted statements states what a mortgage company would have to do and I also gave my experiences. As I recall Penny Mac did not offer any of these things : Direct access to a service representative. You should not have to go through a call queue. 
o Many times, the representative was not present, and I ended up in the hold queue anyway or receiving a call two to three days later. 
After you have missed two consecutive payments, the servicer must tell you about loss mitigation options. 
o I had to call PennyMac to find out about this process. 
The servicer must consider all foreclosure alternatives. They can not steer you to options most beneficial to them. 
o I was not counseled on any options. I questioned the short sale option because we had several buyers who wanted to purchase the home and I could not think of anything else for use to be able to move forward with the sale. Again, information given to me was limited due to XXXX having the home in bankruptcy. Within the email you can see where I asked Ms. XXXX to sit down with us to explain all options and the meeting never took place. 
If you have applied for loan modification at least 37 days before your scheduled foreclosure sale, the servicer must consider and respond to your application. The servicer also needs to give you time to accept the offer. 
o I was not given this option. Again, it took me calling Penny Mac only to find out that the short sale option was denied. I was told by XXXX XXXX that there was nothing else I could do because the house was scheduled for sale. 
The servicer can not foreclose if you have come to a loss mitigation agreement, unless you fail to meet the terms of the agreement.. 
o This was not given to me as well.

Company response to consumer: Closed with explanation