Consumer complaint received 2019-04-05
Company: Flagstar Bank, N.A.
State: NM
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I developed XXXX XXXX and fell behind on my mortgage. I had been a perfect paying customer for the 12 years leading up to that point. Flagstar is my mortgage company. They would never tell me when I would go into foreclosure. All they would say was that there wasnt a sell by date yet. I now know that missing payments and having a sell by date are miles apart. When I called them to make my missed payments, they would not accept one payment when I was two months behind. They would not accept two payments when I was three behind. Finally I had the three missed payments along with the late fees etc., and they would not accept them due to the fact that I was 4 days in to the 4th month. The first fell on Saturday. When I tried calling on Monday the 3rd, they had closed for the day. I wasnt aware of the hours and there was a time change. I called on the XX/XX/XXXX and she told me she would not accept my three payments and I was going into foreclosure. It turns out that this happens in the 4th month. This was told to me quickly, even though I had been asking them this question on a weekly basis for the 3 months prior to this and nobody seemed to be able to give me a straight answer. This is part of the many tricks they use to put you into foreclosure. Flagstar has so many under handed tricks to draw out this process that I would be typing for 2 weeks to list them all. I have proof for all of them though and am filing a complaint with both the attorney generals in New Mexico and Michigan, the state senators and congressman of both New Mexico and Michigan, and the Federal Trade Commission if I cant get any resolve to this problem. In a previous complaint Flagstar stated that they told me three payments were due and that I didnt have the three payments to give  them. They say that I made a partial payment and it was returned. Thats a lie. The only payment that was returned to me was in the second month. When I was two months behind, I had called to make one payment. The woman said her computer wouldnt accept just one payment and that I should mail it in. I did and it was returned. The fact that Flagstar is saying that I was told I needed to make 3 payments tells me that making three payments that day would have been acceptable. I want Flagstar to go back and listen to the recording and read the notes from that day. I also would like to see what payments they are talking about that they say were returned and what date that was on. Everything they said in my last complaint was a lie. When I responded, nothing happened. They never responded and the case was closed. I also need this information for my other complaints I am filing should I not get a satisfactory response from them. I can compare it to what I have and prove they are lying. I never should have gone into foreclosure. I want my mortgage to be back where it was when this happened. Ive spent {$6000.00} in attorney fees which I want reimbursed. I want this removed from my credit report. I will then refinance my mortgage with another company and never deal with Flagstar again. I also have proof of illegal and unethical dealings from their attorneys, XXXX XXXX. I have a long list of people they are foreclosing on in the XXXX Area and am in the process of gathering more addresses outside the XXXX area. I will be sending each address a letter asking them if they think they have been treated fairly. I plan on filing a class action lawsuit against XXXX XXXX with this information and also possibly filing one against Flagstar if I dont get resolve from this complaint Im filing with you today. I am prepared to start mailing out letters immediately. Flagstar and their lawyers have to answer for their shady underhanded practices and as Ive said before, I have plenty of proof that would certainly warrant investigation. Im going by Flagstars own words when they responded to my last complaint that I should have never gone into foreclosure and I can prove they are lying. The date of this recording of me trying to make my 3 payments and them not accepting them was on XX/XX/2014. I want a copy of that recording and a copy of the notes that were taken that day along with a copy of the returned payment they claim I made from that day that didnt satisfy the debt. Also, when I qualified for the home modification, I wanted a copy of the outrageous charges I have from their lawyer. They dont at all match the charges I have from them on the back of my mortgage statements. They refuse to give them to me. Its not right that they can charge me some blown up fees and not give me an itemized accounting for them. Since I refuse to sign the final paperwork without this information, they have resended my home modification and want me to start the application process over. It took 4 years for them to accept my first application even though my lawyer sent in all of the required paperwork several times. I have proof of that and can prove that they only did this as a stall tactic. The CFPB also warned them not to foreclose on me but they have ignored this. They are saying that I didnt return the paperwork back to them in time. They left out the part about them giving me the runaround when Ive asked many times for a breakdown of their lawyers charges. They tell me to call the lawyers who tell me to call someone named XXXX who tells me to call Flagstar who tells me they will get it out to me but never did and then tells me to call the lawyers after 3 weeks of me waiting to receive the paperwork they said they would send. Flagstar needs to be investigated and I would be happy to turn in my 37 pounds of paperwork to get it started.

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