Consumer complaint received 2018-07-20
Company: Real Time Group, Inc.
State: NV
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage

Complaint:
In XXXX, I secured a mortgage with XXXX XXXX. In XXXX, XXXX was given to XXXX XXXXXXXX XXXX ; however, at the time, my wife and I did not know that was the case. Therefore, we paid our regular house payment to XXXX. Two weeks later, XXXX returned the check to us, stating that it had been absorbed by XXXX XXXX  XXXX and that we would now be making our house payments to XXXX XXXXXXXX XXXX. 

Based on the financial crisis that was occurring across the United States, XXXX XXXXXXXX XXXX asked if we would be interested in securing a home modification. We stated that we would and XXXX XXXX XXXX directed us to stop making payments on our home. 

When we stated that we were not comfortable with that ; XXXX XXXXXXXX XXXX stated that we could simply reduce the amount that we paid each month and that they would start the modification process. 

XXXX had also provided us with a HELOC, which was now turned over to XXXX XXXXXXXX XXXX as well and we were advised not to make any additional payment to XXXX on our HELOC and that all payments must now go to XXXX  XXXX XXXX. 

Although we were excited about a possible loan modification, after four months, XXXX XXXXXXXX XXXX stated that the based on our delinquent account, it would not be able to modify our loan and that we would be foreclosing on our home. 

At that point, I stated to the XXXX XXXX  XXXX representative that we were only delinquent on the amount that XXXX XXXX  XXXX had advised us to reduce off our mortgage to qualify us for a modification. To say this was a shock to us is an understatement. 

I was floored. We had done exactly as XXXX XXXX  XXXX had instructed, and now we were going to lose our home. I started calling XXXX XXXX  XXXX 5-6 times a day to try and find someone who would help us out of this situation. My calls went nowhere and XXXX XXXXXXXX XXXX stated that they were going to place our home up for sale at the court steps in XXXX XXXX. We could not believe how deceitful it had been. 

However, as we now know, based on the lack of actual paperwork that XXXX XXXXXXXX XXXX had on our home, based on XXXX lack of disclosures and quality control, it did give us a loan modification. 

On XX/XX/XXXX, XXXX XXXXXXXX XXXX sent us a XXXX XXXX that stated that the loan modification was effective for only a matter of 72 hours and that if we did not get the paperwork back to it by the XX/XX/XXXX, it would revoke the modification offer. We ran down to XXXX XXXX, signed the paperwork and we believed had modified our first and our second loan. The second loan was also issued by XXXX, in XXXX. 

What XXXX XXXX  XXXX did not tell us is that it had already sold our second loan off to a company called Real Time Resolutions , Inc. We were not aware that the second was not included in the modification and we were not aware who or what type of company XXXX XXXX XXXX was or how it played a role in our life. 

To this day, I still have no understanding of how our HELOC made its way to Real Time Resolutions , Inc. ; why it was sent to Real Time Resolutions , Inc., and what Real Time Resolutions , Inc., is, other than a corporation that is in business to prey on individuals at their weakest moments and reject offer upon offer to settle any dispute. 

Currently, I am attempting to sell my home and Real Time Resolutions , Inc., states that I owe it {$84000.00}. I have tried to negotiate with the company ; I have called the company countless times and I continue to simply receive the same answer, which is that it will get back to me at some point in time. It has gotten so bad, that I had my attorney send Real Time Solutions the following letter. Its response was that it would get back to me at some point. 

From : XXXX XXXX [ mailto : XXXX ] Sent : Monday, XX/XX/XXXX XXXX XXXX  To : XXXX XXXX Cc : XXXX XXXX ; XXXX XXXX XXXX XXXX : Pursuant to our phone conversation today, I have been instructed to send you the Nevada law which states that a mortgage note is invalid and unenforceable after 6 years from breach or non-payment of the mortgage. 

NRS 11.190 provides for a limitation on the time for filing certain actions, as follows : NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows : 1. Within 6 years : ( a ) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States XXXX or of any state or territory within the United States , or the renewal thereof. 
( b ) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

-NRS 11.190 ( 1 ) [ emphasis added ].

NRS 11.200 provides clear and unambiguous guidance as to how the limitation period in NRS 11.190 : NRS 11.200 Computation of time. The time in NRS 11.190 shall be deemed to date from the last transaction or the last item charged or last credit given ; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.

-NRS 11.200 [ emphasis added ] Even if your attorneys argue that the " breach '' was 30 days after the last payment was made, then the 6 year time still has run over three years ago. See, XXXX v. XXXX, 903 P. 2d 222, 224 ( XXXX XXXX ). 

There simply is no law in Nevada that says the six years starts to run after maturity of the loan. In Nevada it runs six years from the breach. 

As such, the note is unenforceable and my clients have no legal obligation to pay. Further, they will not pay any amount owed under the expired note. 

However, in order to avoid a legal battle my clients have authorized me to offer a settlement of {$7500.00} for release and reconveyance of lien, as long as the same is approved immediately. If this amount is rejected they are going to withdraw the settlement offer and fight this in court. 

I will calendar your response for tomorrow end of business. 

XXXX XXXX. 

XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, Nevada XXXX XXXX ( tel ) XXXX ( fax ) XXXX XXXX ( ( short sale fax ) XXXX XXXX As this letter addresses , Real Time Resolutions , Inc., has no claim against my family, my home, my children or myself, however, it continues to hold up the close of our home, which is on the brink of falling apart. 

I have offered to pay Real Time Resolutions , Inc., one lump sum ; I have offered to settle the debt, although I do not believe that they have any claim, in any regards. However, they continue to act in a predatory manner toward me and simply are looking to create undue stress on my wife and our XXXX children, ages XXXX. 
I have offered to pay Real Time Resolutions , Inc., {$5000.00}. I have offered to pay Real Time Resolutions , Inc., {$7500.00}. It will not respond.

Additionally, Real Time Resolutions , Inc., will not show me that it is in possession of ( 1 ) Copies of all documents pertaining to the origination of my mortgage including my loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, Truth in Lending statements, Good Faith Estimate ( GFE ), HUD 1, appraisal ( including comparable properties, which were used to arrive at value for the above loan, and all required disclosures. These copies should be legible and all documents shall be copied in their entirety. 

( 2 ) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the entire life of the loan.

I simply want to move on with my life. Real Time Resolutions , Inc., is holding me hostage ; it is creating a terrible environment for my family and it continues to ignore the laws and statues that it is required to stand by as a company doing business in the credit industry in Texas. If Real Time Resolutions, Inc., does not have a copy of the original note, in regards to my loan or it does not have documentation, it must expunge my title and allow me to sell my house. 

I feel as though I have nowhere left turn and I beg of you to help me communicate with the owners of this company to simply come to a resolution. I have used all of the power that I have to fight this company and I can not get past point 1. 

Please help me. Please. I feel helpless, powerless against this company.

Company response to consumer: Closed with explanation