Consumer complaint received 2022-04-28
Company: U.S. BANCORP
State: MD
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Hello, I am writing to formally request a complaint against US Bank and their FHA-loan modification practices. I have been trying to submit a FHA-loan modification to prevent foreclosure of my home since approximately XXXX of XXXX as my financial hardship has been resolved from my divorce. It is 6 months later and I am still trying to get the loan modification. I constantly have been paying on the mortgage and they only apply it to a suspense account and not the mortgage. I have constantly been making payments. My ex-husband and I are on the original loan documents for the house we purchased when we married. In XXXX he attempted to murder me and is currently an imprisoner for it sentenced to 30 years to life. This is all online is you search my name. I have a divorce decree awarding me the sole ownership of the house. My ex-husband also signed a recorded quit-claim deed however US BANK keeps insisting that i can not do the loan modification by myself although it states if I have these documents listed above I can do so and not need his signature to proceed with the loan modification although he will still be held liable. It states on pages 4 of 9 on the loan modification documents that the modification can be completed without him signing as long as I have the supporting documentation in which I have : a recorded quit claim deed and a divorce decree evidencing my ownership of the house. I have sent US BANK all the required documentation and payments necessary to start the loan modification process several times however the loss mitigation department refuses to send the documentation without his name listed and without requiring him to sign. I am in the process of procuring a lawsuit to have this matter resolved and will be asking for damages not only financially but emotionally as I am not supposed to have contact with my ex-husband or any dealings pertaining to him due to a court order which I also explained to the representatives at US BANK, due to the circumstances of the court. I am requesting to do the loan modification in my name solely as I am the sole legal owner of the house, I am able to afford the payments and I have all the required legal documentation to move forward in doing such. I have called several times and received misinformation and false hope repeatedly. All calls are recorded and I have several loss mitigation representatives names documented, XXXX, XXXX, XXXX, XXXX, XXXX ' and the list goes on. I need assistance in handling this matter as I am trying to reside in my primary residence and have no intention on losing or selling the home that myself and my children reside in. I have already contacted a law firm to handle this matter if a resolution can not be met and they are already authorized as a third party on my account as proof that I am in the process of litigation. I ask that this matter be escalated to the correct department. I would like for the loan modification documents to be processed without requiring my ex-husbands signature but processed with just my physical wet signature. I am requesting to retain my home and for US BANK to allow me to assume the mortgage after successful payments have been made to formally remove his name from the mortgage as he is already relinquished his rights to any ownership of the house. I have phone records, documented names and times as well as documentation US BANK has sent saying they made errors in my paperwork and asking me to resend documentation. They offered me different programs to include the HAMP-FHA modification that stated I only needed to make a payment to accept the terms and signatures weren't required. I did that as well sending two payments in the month of XX/XX/XXXX because I was offered two different loan programs and told to make a payment for each. My ex husband once agreed to the loan modification and signed the documents. I submitted the paperwork to US BANK however they rejected it on error, the documents went stale after 90 days and now he no longer wants to cooperate in the loan modification process due to it. I was told underwriting would process the documents without his name due to me having the required documentation for the task to be completed however they keep sending the documents in both our names requiring both signatures and telling me they can not process the documentation without him.

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 non-monetary relief