Consumer complaint received 2018-03-20
Company: VANDERBILT MORTGAGE & FINANCE, INC
State: MO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Advised by XXXX XXXX, non-for profit debt solution service discovered earlier XX/XX/XXXXafter some negative results in dealing with both our mortgage company and several rescue type expense-up-front assisting services. WE DID NOT PAY, NOR MOVE FORWARD WITH ANY PAID SERVICE, as answered in earlier complaint application.

We purchased a repossessed modular home on 2.14 acres in XX/XX/XXXX from a manufacturer dealership XXXX XXXX Financing was managed through their mortgage side of their company, Vanderbilt Mortgage ; we being myself and my now 9-year. At the time we were both gainfully employed, ecstatic about the home purchase, the seclusion of property, and the potential for our wants/needs. The purchase price was {$86000.00} ; financed for 23 years at 9.760 % interest. ( It wasnt until later hardships and research that we learned the 23 year period was strange/odd to standard mortgages. ) I borrowed {$8700.00} down-payment against my retirement fund, which would be auto-deducted from my paycheck. Due to the repossessed status, XXXX XXXX had done some painting, cleaning up, new appliances, but minimal clean-up to the very junk-filled property. This quick purchase came with then then felt no hassle inspection or appraisal. We bargained for terms guttering, concrete walls replacing the skirting, and an upgrade in refrigerator. At the time our credit, especially mine wasnt very good and though the payment was high given other options, the property potential, we felt it manageable ; in a few years we would re-finance for better payments.

XX/XX/XXXX-XX/XX/XXXX we made large improvements to the property landscape, fencing/gate, good size storage unit, hot tub, restored/secured barn, fire pit, junk/trash removal, landscaping, a 36 diameter above ground pool, larger hot water heater, eastside driveway to barn ( w/ water, electric, sewer ) and a rear partially covered 540 square foot deck.

At this point things started to turn harder for us. I had already been in a decline in health, the medical expenses increase, especially pharmaceutical began to pinch us financially. My absence from work led to usage of FMLA protected time, I tabulated leave hours against office hours and in XX/XX/XXXX I was ill on leave 16 % of the year ; at wages 80 % my pay rate, yet same bi-weekly deductions ( divorce required premium insurance for myself & kids, 401k loan payment, and child support ).

Her tenure job began to change drastically, having 4 different regional managers in 2 years with a broad range of ideologies on targeted successes. At one time she was covering XXXX  of XXXX XXXX XXXX  in 3 states, without any income increase. The trend in that business decline, left for less commissions ; but more and harder sales works, while managing several branches. Unhappy, we felt an offered opportunity for an online sales with a known successful businessmans start-up company was a good decision. The salary was less, but with capabilities of remote work from home half her hours, and commission potentials it seemed a perfect fit. So she accepted a sales management position, managing a small sales time for this start-up company offering online software to a specific untapped niche. This was in spring of XX/XX/XXXX.

In the summer of XX/XX/XXXXshe suffered acute appendicitis, while painful usually relatively quickly treated matter. Her first hospital stay was 2 days, she returned to hospitalization 2 more times in the following 9 days admitted each time, her final stay was 3 days and required repeated procedures to take care of her condition. Recovery took months, but she was able to continue her work. While her teams online sales were at target, this specific kind of sales were for future program agreements often months or a year from the point of the sell. The sales database having been quite well built, and revenue being not-yet-forthcoming, the business decide to lay-off the salesforce. We were quite devastated, she filed for unemployment, but due to certain requirements and her willingness to leave the long-term management position unemployment benefits were much delayed.

This became the first dire struggle to afford the mortgage. I myself was still in declining health, in XX/XX/XXXXmy FMLA/leave hours were 32 % of my yearly wages ( @ 80 % my base pay rate ). She contacted Vanderbilt for assistance/help ; hoping to reduce our monthly payment or other options. We were declined any significant program assistance as they felt the situation was temporary, after further pleads they did offer some payment due date extensions. After being behind for some time they granted a payment deferment, moving one monthly payment to the end of the mortgage.

This forgiveness while helpful beneficially didnt help our situation enough, by year-end XX/XX/XXXXfrustrated with my health and prognosis with local care team. I was referred to the XXXX XXXX  in XXXX, Minnesota. Luckily the timing of their acceptance mid-XX/XX/XXXX, was at a point my health insurance had met my maximum out-of-pocket financial responsibilities. We rented a car, booked a modest hotel, and traveled to -20 degree MN weather for what was to have been an estimated 3-5 day evaluation. Completely funded on acquired credit cards, our stay was 10-days ; and unfortunately with minimal answers and guidance to my health despite massive testing.

Into XX/XX/XXXXshe searched for jobs, not finding any opportunities near her talent, most interviews found her over-qualified through and through. She worked low-wage short-term jobs as she could find them, obtained her XXXX XXXX allowing her to XXXX XXXX, found part-time work at XXXX XXXX XXXX XXXX  locally, collecting any available unemployment benefits as allowed in lieu of hours/pays worked. She accepted a miserable XXXX XXXX XXXX XXXX  position for a XXXX XXXX ; her qualifications made it struggling with younger threatened career seekers. She worked for them, at $ XXXX/hour, but still found real pleasure and joy in her part-time work at the XXXX XXXX XXXX. Leading her to leave the XXXX XXXX, for a felt calling full-time with the XXXX XXXX, XXXX Missouri as a XXXX XXXX, making $ XXXX/hour. She has a degree in XXXX, was a XXXX XXXX, an XXXX XXXX XXXX XXXX, and XXXX XXXX for several businesses. But as a XXXX XXXX XXXX found her calling, in this low paying best-job-in-her-life.

By now we are financially stifled, my health only worsened, and bafflingly was intermittent and unpredictable. My XX/XX/XXXXleave to work ratio approached near half-worked hours/half-leave hours. Requests to Vanderbilt for assistance, payment reduction, or help were responded with denial, advising my leave pay, and our financial hardships were felt temporary. With the crumbling credit card debt, late mortgage, and shuffling utilizes. All exploration of refinancing through alternate financial sources, failed with the decline in credit ratings.

With no other options, I exercised taking out an additional 401k hardship loan, while only {$10000.00}. It was used to pay mortgage up, pay off credit cards, catch-up utilities, other overdue needs, and provide a little savings. This of course added further deductions to when on leave reduced pay. That ease, and those savings didnt last. I would work weeks or months without issues, and then be on leave for days to weeks, and for a few periods months. Requests for further assistance from Vanderbilt still were minimal, by XX/XX/XXXX she had earned enough certifications in her work, that she was promoted to an XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; job increased her pay to her current $ XXXX/hour.XX/XX/XXXX, Vanderbilt still feeling our hardship was temporary extended a 2nd payment to the end of the mortgage period. This was the only assistance offered available.

Despite working without health challenges last quarter of XX/XX/XXXX, her increase I wages, cutbacks on spending, and the XX/XX/XXXX forgiveness of mortgage we remained drowning in debt. It was at this point in reviewing Vanderbilt correspondence with her, HUD regulations, and services that seemed available at every corner of the web that I became active as the primary source of contact with Vanderbilt. The stress had taken its toll on her, our relationship became damaged, and we started XXXX XXXX to try to keep our family together.

By this time we were already behind on XX/XX/XXXXand XX/XX/XXXX mortgage payments, our payments are $ XX/XX/XXXX/month. Reading through their letter declining modification or any assistance based on the affordability of our home based on income to debt ratio, really became frustrating. I began regular correspondence and questioning of assistance. I started online researching to HUD, supposedly government mortgage assistance, even confirmed again that my XXXX XXXX  military time was not equivalent enough for those program assistance ( a status not once in my life, even as a student did I attempt to claim ).

By XX/XX/XXXX, Vanderbilt assigned a new single point of contact, XXXX XXXX at Ext XXXX. Now several things, one even with their extension, when you call you dont get to talk to whom you want or an extension they fairly aggressively tell you that that can help you. But in the phone calls from XXXX, I felt she was an advocate, not wanting us to lose our home. Wanting to understand our finances more. For several weeks we worked collaboratively. I provided many paycheck summaries, showing the variation from their always used $ XXXX/hour pay rate, to the 80 % reduced rate. Showing despite hours worked or hours leave the same {$190.00} health insurance, {$210.00} for 401k loan 1, {$41.00} 401k loan 2, {$180.00} child support 1, {$150.00} child support 2, & {$4.00} life insurances come out every 2 week check. That is a total of {$800.00} each bi-weekly check not counting taxes taken. At a reduced rate ( 80 % ) when on leave for 80 hour pay period it is {$1300.00}, after those deductions and taxes take home is minimal. Being on leave is extremely harmful to our lives financially. Take home is reduce $ 400-500 bi-weekly when on leave versus at work hours.

In addition for hardship explanation we were left compelled to share a lot of personal information and story. My medical histories and diagnoses of issues, explaining my struggles with intermittent leave. Looking back and re-reading the hardship letter written for some reference in writing this explanation, I am shocked how vulnerable I was and how releasing I was in the desperation we are in.

I even went as far as provided true utility bills, accurate monthly pharmacy expenses, and estimated commuting fuel expenses. All of this was sent in faxes, the primary correspondence being sent XX/XX/XXXX. Vanderbilts response after review was that the home was still affordable based on income to standard % housing calculations. XXXX  appreciated advocacy was turned to same supervisory answers. XXXX XXXX, same as XX/XX/XXXXrequest denied any modification assistance still citing home is affordable. Repeated calls and confusion to the works provided and their review were made. We were even advised that any monies less than the full amount passed due, wouldnt be applied to the mortgage. That those funds would be held in a separate account until full due received, or something legal like that. There is a statement similar to that on each monthly statement : Each partial payments received are not applied to the loan, but instead are held in separate suspense account. The funds will be applied when the remainder of the payment is received.

( Can elaborate further but until a recent phone call with Vanderbilt & XXXX XXXXXXXX XXXX XXXX   conference, we were led to believe no monies unless full balance passed to would even be applied to loan. Therefore with no cooperation to assist keeping home, or working with us. We stopped even considering managing payments to Vanderbilt. ) A supervisor XXXX XXXX who took one of the escalated calls told me nothing could be done, they could perhaps provide us some assistance in moving expense. This phone call occurred the first week of XX/XX/XXXX. ( A letter dated XX/XX/XXXX from XXXX  wasnt received until XX/XX/XXXX, 3 days before my XXXX, the letter was a true offer of Deed in Lieu of Foreclosure. ) It was at this time we stopped really dealing with Vanderbilt alone and direct, though recently further phone calls with an associate XXXX  have been made. Through internet research and ads still claiming Obamas Mortgage bailout assistance available, expiring in XX/XX/XXXX ; I did find several services promising help.

I first began with a very friendly seemed-advocate person named XXXX XXXX, from XXXX XXXX XXXX XXXX. Again very personable, all about helping us. Since at the time just gotten default notice from Vanderbilt on XX/XX/XXXX he provided all assurances they could keep us from losing our home. Considering our hardship, outrageous interest rate, and odd mortgage term they could most likely reduce our monthly mortgage rate. During one of the initial calls he conferenced in Vanderbilt confirming rates, terms, balances, and what assistances had been requested, offered, and denied. I completed required paperwork, application, and faxed data including copying XXXX on the very personal hardship letters provided to Vanderbilt. XXXX seemed very legit. Their website is filled with testimonies, their business ratings and accolades well-advertised. XXXX copied me on correspondence with attorney XXXX XXXX  at XXXX XXXX XXXX XXXX. I sent them the Lien in Lieu of Foreclosure when received XX/XX/XXXX; and despite having fairly evasive XXXX XX/XX/XXXX ; we scheduled a conference call during our long commute home from hospital XX/XX/XXXX afternoon to discuss our case review.

Vanderbilts Deed in Lieu of Foreclosure offer, letter dated XX/XX/XXXX ; received post mail XX/XX/XXXX ; offered {$1000.00} if we could vacate the property in good condition by XX/XX/XXXX. The offer though negotiable was to expireXX/XX/XXXX.

On XX/XX/XXXXon our way home from hospital in XXXX XXXX, we received only a call from XXXX making sure we would be available for the next 20 minutes. 2 hours later, we received a call from someone in claims at XXXX. We were initially advised it would be some sort of conference call, with XXXX, the law office, and claims. But only the claims gentleman was on the call, it was near XXXX Central time when he called. His news was amazing at first, they could keep us from owing the back mortgage monies piled up ; and keep us from losing our home. We were ecstatic, even fist bumping as the call started. But then the tone of the business changed. As fees and monies needed discussed. Four monthly installments of $ XXXX/month would retain their services, for which at the end of four months we would just continue mortgage payments to Vanderbilt, and the past due mortgage payments and the further months accrued would be added to the end of our mortgage terms such had be completed twice before by Vanderbilt. They then mentioned that though there was NO GUARANTEE, that he had experience with Vanderbilt from other clients and that they could possibly get our monthly rate reduced, but couldnt even begin to state to what rate. That the Obama created mortgage assistance programs had expired, that mortgage assistance privately is internally provided and required by HUD regulations, but Vanderbilt controls their assistances offered.

While I was pretty stoked still, she was not. While continuing to drown in debt and juggle and struggle, paying that expense to retain, buy perhaps a season longer in our home to only be back in the same place come fall/winter struggling with a payment XXXX/Vanderbilt wouldnt modify or reduce. We have remained at that impasse since. From this point without agreement or date promise to pay XXXX, their calls and contacts became so much less advocacy and more sales/collections like. This definitely steered us away.

As the XX/XX/XXXX deadline approached ( 4 days XXXX ), at really her request I contacted Vanderbilt once again. They were made aware of my XXXX  several times, even calling day prior for a collection/update. The Vanderbilt associate I spoke with seemed to understand our dilemma, and verbally on phone agreed to hold off any further actions for 2 further weeks,XX/XX/XXXX.

We wrestled with the challenges and concerns of XXXX & Vanderbilt collectively. I even tried alternate similar services, though didnt take process/application as far who admitted they have a $ XXXX- {$5000.00} retainer. She went and visited informally with attorney at bankruptcy options, none of which made the home affordable.

We understand that a millionaire can by a mansion, lose all his money and then lose his mansion. We dont live in a mansion. It is a modest home, per web-based appraisals as high as {$150000.00}, but we have always thought it closer to {$120000.00}. That is frustrating that it is an {$80000.00} balance, and we can get no solid support from Vanderbilt.

In desperation I began federal government searching, coming across a HUD XXXX  number. Its system requested I enter my zip code to find the closest assistance office ; it found none near home, but offered an alternate XXXX  number. I called that number, had an intake interview with a gentleman providing me information about HARP program, case call-ID #, and XXXX number to XXXX XXXXXXXX XXXX XXXX.

My first phone call to XXXX XXXX representative XXXX, lasted for near 4 hours. She took all our financial information and story. Provided us information about scams and paying for mortgage modifications. Told the story directly when discussing our budget and monies how much deficit we are currently in. For weeks now I have been working through the scam avoidance site, bankruptcy education, budget assistance, and reduction of the deficit possibilities. I have been calling Vanderbilt also, but not finding any further validity to potential modification.

COMPLAINT SPECIFICS : During XXXX  intake interview, we called Vanderbilt she verified information about the mortgage speaking with Vanderbilt associate XXXX, of whom I have spoken with on multiple occasions now. While XXXX was there online for support, she did let me ask and get full summary of the situation, Vanderbilts position on the account and history of requested support. Here is where it gets me, and apparently got XXXX  with XXXX XXXX, as she insisted I contact you and file a complaint. In a single phone call with Vanderbilt representative XXXX, assistance was denied based on the home is affordable based on their review of income ( as explained earlier, with their consideration only of my $ XXXX/hour ) ; then in micro-moments later as I questioned options of modification assistance can not be considered because we cant afford the home. Literally in one moment, just minutes really of conversation the entire denial spectrum from havent helped because we tabulated our percentages and it shows its affordable to the now wont help because you cant afford the home. With the very list of options on their own denial letters, no assistance other than the short notice Deed in Lieu of Foreclosure is considered.

Considering what I understand these internal programs are supposed to offer mortgage clients this doesnt seem right. They should have helped when her income dropped, they should have helped now. Our mortgage interest is really off standard as is our year terms. I am continuing to work with XXXX XXXX and trying to convince my girlfriend, paying Vanderbilt the entire passed to would get us some time to work with XXXX XXXX, Consumer Finance and others to see if modification possible.

If not, we can explore listing the home for sale and or other options. I agree we will struggle to continue to pay this mortgage payment monthly, but catching us up will buy us some time to be in a better than foreclosure lost position. I dont know if the home would sell, I would prefer us to keep our home or sale for enough profit to help our debts and set us up for smart financial future. The addition my health uncertainties, benefit payments, and job status really adds to the struggles making a smart decision.

XXXX  on that phone call gave us until tomorrow, to make a decision. She and I will be making a decision whether or not to for the last possible time drain some retirement she has to buy that time. She is not sure that is a wise investment of the minimal monies we have, considering the likelihood of losing the home anyways without some sort of modification.

Please advice.

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