Consumer complaint received 2017-07-31
Company: Caliber Home Loans, Inc.
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
Since purchasing my home 31 years ago, I have lived and cared for this house, been fully employed, and paid my mortgage faithfully. In late XX/XX/XXXX, I fell behind in mortgage payments because my son had a XXXX and my mother was diagnosed with XXXX and XXXX quickly. Taking care of my family resulted in working fewer hours for several months. I contacted my lender ( XXXX XXXX XXXX ) to let them know I had experienced a temporary hardship and was eager to catch up on the missed payments. XXXX refused to accept a partial payment which I offered to make several times. XXXX initiated foreclosure on XX/XX/XXXX and asked me to apply for a loan modification. After successfully refinancing my mortgage in the past, I assumed that this would follow the same course and the matter would resolve swiftly. What has followed has been an unimaginable nightmare. Despite a long history of full employment and faithful payments, a one-time hardship episode of several missed mortgage payments has led to my house being sold without my knowledge or consent. XXXX made an Adjustable Rate Libor-based loan to us in XX/XX/XXXX ( out of Ohio ) and then a HAMP loan modification in XX/XX/XXXX. This loan was securitized, bundled into a PSA and sold to XXXX XXXX XXXX, XXXX, as trustee for XXXX Master Participation Trust ( serviced by Caliber Home Loans ) with a transfer of title that may be fraudulent ( signers do not exist as purported ). Caliber and their attorneys, XXXX, relentlessly pursued foreclosure, despite consistently stating that they wanted to help us stay in our home and work out a loan modification or repayment plan with us. Caliber and XXXX engaged in conduct which prevented us from protecting our interests in the the property, affected our right to redeem the property, and resulted in fraudulent foreclosure and sale. We have been Dual-Tracked from the beginning and Dual-Tracking is inherently a form of fraud : Caliber said they would not proceed with foreclosure during loan modification review periods and during a repayment plan ; they actually accelerated the foreclosure process during these periods. Caliber is required by law to consider us for a full range of loan mitigation options and they failed to do so. Over and over, Caliber said one thing and XXXX did another. In the months leading up to the sale of our home. We were assured by Caliber in writing that the sale would not occur while we were in loss mitigation. We first learned that the sale had occurred when the buyer jumped over a fence and tried to force entry into the property. If we had known about the sale, we would have acted to stop it. We had other options available, including higher offers for the building that we had already received. This was never about our ability to pay, only about how to pay. Caliber kept saying they would help us, in the meantime our credit was ruined and we couldnt get a loan elsewhere. Caliber never actually helped us in any way, never appeared to want or intend to work with us. We cooperated fully with all requests and demands from Caliber in a timely and thorough manner. I have attached below a detailed description of what happened to us, our most recent court motion which summarizes some of the pertinent legal issues, a copy of the mortgage assignments that appear robo-signed, and a document with more information about pertinent robe-signing. Thank you for your help!

Company response to consumer: Closed with explanation