Consumer complaint received 2017-06-16
Company: Law Offices of Alan J. Waintraub PLLC
State: NY
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
I am a victim of mortgage fraud. I have owned my property for nearly 20 years. In   XX/XX/XXXX  I refi nanced the property but unbeknownst to me was put into a commercial loan. This is a mixed-use property, there is a storefront downstairs and then two apartments on the second floor. I made all of my payments on time and after origination the loan was transferred to    XXXX   XXXX   XXXX  .  However, it appears that the lender somehow snuck into the agreement some type of language regarding the assignment of leases and rents in  ADDITION t o a mortgage payment with an interest rate over 11 %!!! I have made all of my mortgage payments on time and then  one mon th received a statement saying that I owed them {$17000.00}. The previous month I had been current on the loan, so my only guess is that there was some type of hidden balloon payment in my loan, perhaps a trigger where they are trying to charge me for all past due rents from my extra unit? I have not been able to find out how they came up with this figure. My interest rate began adjusting up every few months and my payment increasing as well. I continued making my regular monthly payments, and when my rate and payment went up I paid the larger amount. I tried on multiple occasions to engage  XXXX   XXXX   XXXX  to find out what the problem was but could not make any progress. I requested a payment history from them and could not discern where the missed payments occurred.  XXXX  then informed me that my loan was being transferred to  XXXX   XXXX   XXXX   XXXX . This is a company that was formed  in  XX/XX/XXXX  ( sh ortly after  XXXX  said I owed them $  XXXX  ) and it is listed in the name of  XXXX   XXXX   XXXX , who also happens to be the Attorney of record who is trying to sue me for foreclosure.  XXXX   XXXX  and  XXXX   XXXX   XXXX  claim that I did not make the monthly payment on   XX/XX/XXXX  an d every month after that. This is completely false.  <P/> I continued making my regular monthly payment via wire to  XXXX  through   XX/XX/XXXX , and they  accepted every payment, even though  XXXX   XXXX   XXXX  had begun the foreclosure process several months earlier.  XXXX   XXXX  has been accepting my monthly wired payments for the last 5 months. I sent a check to  XXXX   XXXX  partners for the   XX/XX/XXXX pay ment and they have not cashed this.  <P/>  XXXX   XXXX  formed  XXXX   XXXX   XXXX   XXXX   ( ap pears to be HIS company ) and then he had  XXXX  transfer the servicing of my loan to this company. At the same time,  XXXX   XXXX  is the Attorney of record in a foreclosure action that was filed by  XXXX   XXXX   XXXX   ( a  company that was formed in  XX/XX/XXXX  ) so not sure how they are the rightful holder of this mortgage loan or how the debt was transferred to them but this all seems rather suspicious. I tried to find out why  XXXX   XXXX   XXXX  was claiming I owed them {$17000.00} but could not make any progress, although they continued accepting my payments, and since the loan was transferred they stated that the wires that have been sent were forwarded to    XXXX   XXXX   XXXX   .  XXXX   XXXX  then sued me for foreclosure and we went to court last month and the judge granted a summary judgment in his favor. This hearing related only to whether he had legal standing to foreclose. It did not address the issue of misrepresentation, mortgage fraud or conflict of interest since  XXXX   XXXX  cant be the foreclosure Attorney and the lender AND the trustee??  <P/> How is it possible that I own my property for 20 years and make all my payments on time and suddenly the lender says I owe them {$17000.00} and then when I question it, they transfer my loan to a shell company formed by an Attorney and not long after I am sued for foreclosure by a different company (  XXXX   XXXX   XXXX   )  that has the same Attorney working for them. Something is wrong here.

Company response to consumer: Closed with explanation