Consumer complaint received 2018-06-24
Company: Pacific Union Financial, LLC
State: AZ
Product: Mortgage
Sub-product: VA mortgage
Issue: Closing on a mortgage

Complaint:
The only notification for foreclosure I received was by word of mouth from XXXX XXXX the realtor hired from XXXX XXXX in XXXX, XXXX. I was recovering from a major surdery he phoned me approximately around the beginning of XX/XX/XXXX. Not certainly because I was still under doctor 's care. XXXX phoned me stating " Did you hear, your house went to aution last friday and I asked for what he stated it was sold to a single bidder at Auction. I asked for how much he stated for the Short Sale Price the Pacific Financial was requesting $ XXXX " I asked why was it foreclosed when the Short Sale Price had been approved by the Bank on XX/XX/XXXX. It immediately terminated the call stating he would call me back. I am yet to receive a call back from XXXX XXXX. 
I am yet to have received any correspondence from the representing attorney for Loan Servicer regarding Short Sell nor Foreclosure. 


Below Are Correspondence Between Me, Realtor, Pacific Financial and XXXX XXXX XXXX   _______________________________________________________________________ On XX/XX/XXXX, at XXXX XXXX, XXXX XXXX wrote : Good morning XXXX, All I was trying to do for you is keep you out of Foreclosure and at least Short Sell your home so that you would not have a Foreclosure on your record. I hate to see anyone go into foreclosure, it is not right. 

I will give Pacific Union one last call today and see if we can make a go of this one last time and if not, I will remove the staging furniture from the home, stop all utilities which have kept all the plants from dying and your home in perfect condition, cancel the landscaping service etc ... .There are not too many agents who will do that for their clients. They won't spend a dime out of their pocket to keep a listing in Great shape.

I understand this is REALLY frustrating for you but we have done everything possible to sell your home. We are definitely NOT trying to take advantage of the situation in any way, shape or form. There were a lot of challenges we were faced with and I thought we had overcome 90 % of them. If I can not make it happen today, we will cancel the listing and let the bank know. The foreclosure Sale of the Home is set for XX/XX/XXXX. 

I really do apologize if in your eyes we have done anything wrong and not give you the best service possible ... .That was definitely not our intent. 

All the blessings to you, XXXX XXXX XXXX Realtor - XXXX, XXXX, XXXX XXXX XXXX XXXX ( XXXX ) XXXX Cell ( XXXX ) XXXX FAX XXXX XXXX _______________________________________________________________________ Email from Pacific Financial Underwriter on XX/XX/XXXX You are welcome to contact the Foreclosure attorney office. I do not work in the foreclosure department. 
XXXX XXXX XXXX ( XXXX ) XXXX Thank you XXXX XXXX NMLS # XXXX Underwriter Email : XXXX _______________________________________________________________________ Email from XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX All legal documentation on the foreclosure sale may be obtained from either the county in which the property is located or from the attorney that handled the foreclosure and the mortgage company. The VA does not receive these documents. 

The VA and XXXX XXXX XXXX XXXX postponed the foreclosure sale 3 separate times, delaying the foreclosure sale for over 90 days to allow for an acceptable offer to be presented and the short sale to be completed. The offers presented were not in line with the appraised value of the property or had contingencies that prevented completion. XXXX XXXX XXXX XXXX proceeded with foreclosure action to prevent further increasing the delinquency of the loan and incurring additional expenses as they should have. 

The VA does not own the loan, only guaranteed a portion of the loan to the investors. The servicer proceeded with termination per their procedures and the documents at loan origination. 


XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Phone : ( XXXX ) XXXX ext. XXXX FAX : ( XXXX ) XXXX ______________________________________________________________________ Email from XXXX XXXX Managing Broker at XXXX XXXX recieved XX/XX/XXXX. 

Hello XXXX I am writing to you in response to your email dated XX/XX/XXXX. We are all very sorry you lost your home in foreclosure. We at XXXX XXXX XXXX understand this must have been a very stressful and difficult time for you and your family. 

I have reviewed the file, marketing efforts and the transactional documents regarding your property. After careful review, I find our agent and XXXX XXXX XXXX made every effort to sell your property and never breached our fiducary duty. 

To demostrate our efforts above and beyond, our agent, XXXX XXXX even went so far as to stage your home at no cost to you. Additionally, he turned the utilities on in his name, payed to have the property cleaned and the landscaping maintained. Steps very few agents would have taken onto themselves to try to ensure your home was always presented in the best possible light. 

Our agent, XXXX XXXX did not profit in anyway from the trustee sale of your property. XXXX actually invested over {$10000.00} of his own money into your property in anticipating of selling your home and offsetting those out of pocket costs with the commissions earned. 

XXXX and his team worked diligently to sell your home, that is how Realtor 's earn their living. As you can see, XXXX nor XXXX XXXX XXXX ever acted in anyway to take advantage of you or breach our fiducary duty. 


Professionally XXXX XXXX Managing Broker _______________________________________________________________________ Reply to XXXX XXXX Broker XXXX XXXX on XX/XX/XXXX XXXX, Not sure where you got those ridiculous figures that XXXX invested XXXX in our home. XXXX XXXX could not have possibly invested XXXX in our home that was completely still under builders warranty in addition to our own XXXX XXXX XXXX. You, XXXX, XXXX and last but certainly the owners and managing brokers XXXX and XXXX XXXX are liars and nothing less than a modern day XXXX and XXXX. And I intent to expose and prove it. Therefore, I request that all further contact be held until you are contacted by my attorney when Revelation Investment Thieves will have their opportunity to put your money where your mouth is! 

XXXX Email sent XX/XX/XXXX to all parties XXXX XXXX, Pacific Financial, Veteran Admin ______________________________________________________________________ I want every single piece paper transaction that was used in transaction from my home auction. And reason and investment property were able to purchase our home for XXXX which was appraised by VA for $ XXXX. Then sold in 25 days with pending sale $ XXXX. I have been advised by my sister Notable Women Attorney of the Year XXXX XXXX XXXX Attorney XXXX XXXX XXXX XXXX XXXX Attorney has reviewed all documentation submitted by Revelation Realtors in XXXX, XXXX advised me to request meeting in personal and to obtain all legal and binding contracts as pertaining to all parties VA, XXXX XXXX and last but certainly not least XXXX XXXX and Company to discuss why my home was allowed to go into foreclosure but sold 25 days later. 

If we can not come to an equitable agreement I plan to seek legal representation against XXXX XXXX and XXXX XXXX XXXX XXXX no later than XX/XX/XXXX. Ladies and  gentlemen consider this an official. When contract was signed with XXXX XXXX that stole home rather than buying. 2. Every single offer and paperwork showing reasoning cancelled with all signatures, every single open house from original date XX/XX/XXXX up to auctioning off home. With activity paper trail and key box excess list of visitors. 4. Your commission amount and paid by what parties. 5. I am requesting a meeting with the owners of XXXX XXXX to discuss lack of FIDUCIARY responsibilities toward the sale of XXXX & XXXX XXXX Because I was ill for over 6 months and incapacitated in addition to being over 1600 miles away residing in XXXX and my ex-husband suffering from XXXX in XXXX your organization took advantage of our circumstances and failed to fulfill you Fiduciary Responsibilities in the best interest of the XXXX Family. 


You state the home could not be sold for cosmetics reason buyers didnt care for the wall colors we offer paint concessions of XXXX that didnt work either, so you say. n>Well we sunk XXXX of our lifes savings into building our home to have it stolen from under us for chicken chain to turn around and make greater than XXXX profit. 

We are demanding to be made hold! foreclosure removed from our previous excellent credit history and our fair and equitable share of the profit everyone enjoying with the exception of XXXX and XXXX XXXX the owners. If we can not come to an agreement I to file a motion in court that XXXX XXXX XXXX was illegally sold without all the facts and I will hold it in courts forever to prevent the sale. 

XXXX as a XXXX Veteran who was undergoing medical treatment would have expected more on VA behalf to protect XXXX and I best interest. Because you failed to ensure that my Veterans Housing Entitlements and Benefits you duty to me as a protected veteran were to protect and not allow my property to swindled away from me.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation