Consumer complaint received 2018-12-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I refinanced my home loan in XXXX with XXXX XXXX. I had a history of an ok credit rating, but not great so I think it was a predatory ARM loan at a ballooning high interest rate well above the rates at the time of the loan. In XXXX I lost my job when I became XXXX  XXXX. I modified my home loan in XXXX expecting a permanent solution to my home loan problem, and was assured by XXXX XXXX that Capital One would be taking over the loans and in XXXX they would change the loan over to a Capital One loan and ensure it was a permanent solution. Instead, Capital One returned the loan to the original much higher interest rate loan, and I could not afford the payments. The payments were more than I made each month after return to the pre modification terms. I was told that if I became late, they could re offer a home loan modification. I was also told they did not participate in HAMP, but they did not tell me they actively were participating in the California KYHC program. I applied over and over for the next 18 months for assistance, and I filed 2 complaints to the CFPB. Capital One lied to the CFPB in both answers, and they sent me a letter on XX/XX/XXXX as the second answer, but they did not mail the letter until after they illegally and without warning sold my home at a trustee sale despite promises not to do so and to give me a full and fair review of my application for alternatives to foreclosure. They told me in the XX/XX/XXXX letter that I had to submit certain documents to have my home loan options considered and replied to. They mailed the letter telling me this less than 8 days before they held the sale to sell my property. they did this without allowing the previously applied for options request to be reviewed despite having everything they said they needed for a review. They committed numerous offenses criminal and civil over the previous 18 months, including performing valuations and appraisals which they promised that if they did so, they would provide me automatically with copies of them, but they never provided a single appraisal or property valuation to me. They lied to me repeatedly on numerous phone calls, and they filed fraudulent and false declarations about contacting me when they had lied about this. They also refused to follow through on a second promise made the date of the home sale that they would stop the sale, and they did not. They also manipulated the payment from the alleged buyer 's funds, when they did not get credited in accordance with state title recission laws, and the trustee and capital one refused to take action after the sale to void it despite numerous telephone calls and written notices of the illegal sale and the lack of notice. Of note, the banks servicing records reflected that they had no notice of postponement as I had complained, and they uploaded the postponement notice to the loan service file just 30 minutes before the sale, after I had called in and said I had not received any notice or postponement that the sale had been put back on the schedule. They did not mail out a notice they were denying my modification application until more than 20 days after they had closed it, and they did not provide information about any right to appeal their decision and therefore they held a sale in less than 14 days from the time I found out they had closed the file. they blamed the late notice on an internal error. They also had failed to disclose when I first became late, that they participated in the California Hardest Hit Fund Program, keep your home California, and in fact denied they participated in HAMP or any other government programs, depriving me of up to {$130000.00} in funding available to me. I had found out over a year after I was late on payments and applied for help, but Capital One refused to work with KYHC so that I could receive the assistance of $ XXXX that I had applied for and was pre-approved for. Had they told me when I was the first delinquent, in the first 90 days, I could have received help paying my loan late fees and payments and put $ XXXX towards paying down my principal. Instead, they lied in numerous ways and sold my home without the promised to wait to reply to the CFPB complaint ( # 2 ) and giving me a fair chance to apply and be reviewed. Just 6 months earlier the president 's offices had also promised that my loan application was complete and that I would not have my house sold while they were reviewing my application, but they did so anyhow. They continued to offer a streamlined modification rather than all options and a real modification offer, and I was forced to ignore it because the proposed streamlined modifications were for payments more than I made each month in gross income and there was no way I could sustain a payment like that for the 30 years of payments they wanted me to obligate to. It was a shocking and obscene attempt to trick me into a home modification that was guaranteed to fail within a few months of payments that were impossible to make and they knew that when they offered it.

Company response to consumer: Closed with explanation