Consumer complaint received 2019-04-05
Company: Caliber Home Loans, Inc.
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, I signed a promise to pay for {$310000.00} with XXXX XXXX XXXX XXXX XXXX which sold it to XXXX XXXX on XX/XX/XXXX. ( Exhibit 1 attached ) Since then XXXX has not sold nor assigned the loan to any other company or servicer and nothing has been recorded on the Title of my property by XXXX. 

We now have 3 or 4 companies claiming to own the mortgage, including XXXX XXXX XXXX, XXXX. themselves, then acting as a Trustee for LSF9 Master Participation Trust ( XXXX XXXX XXXX ), and Caliber as the " Servicer '' and Principal. 

An Assignment of Deed of Trust was recorded on XX/XX/XXXX, signed by Caliber Home Loans assigning the beneficial interest under the Deed of Trust to XXXX XXXX  XXXX. Caliber had no authority to assign anything to anyone so that is dead in the water and null and void, not even " voidable ''. 

These companies have filed at least 3 different Proofs of Claim ( POC ) the Chapter XXXX Bankruptcy I filed in XXXX of XXXX, and my wife filed in XXXX of XXXX and we have disputed every single one. 

Caliber alleges it began servicing my loan on XX/XX/XXXX but did not even apply the payments I made on XX/XX/XXXX correctly. These were 3 payments for {$1500.00} I made to the previous " servicer '' called XXXX. They have the evidence and keep denying it. 

My loan was modified in XXXX under the HAMP program. XXXX caused a fraudulent notice of default and subsequently a notice of trustees sale to be recorded on the title of my property which were both rescinded and expunged from Title. 

XXXX did not transfer my payments to Caliber until XX/XX/XXXX as you can see in the first payment Caliber applied to their spreadsheet. 

Since Caliber allegedly took over the " servicing '' of my loan they did not properly apply my post-petition payments The Debtors Status Report that the Chapter XXXX bankruptcy trustee filed in your bankruptcy case on XX/XX/XXXX attached proves that I was paid up and current on all my Trustee payments to XXXX XXXX   XXXX, and we still have not received a XXXX from XXXX XXXX XXXX. ( See Exhibit 2 attached ). I even have {$1000.00} in suspense. 

This case is now before the XXXX XXXX Bankruptcy XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX. 

Caliber uses a third-party website called Auction dot come [ sic ] to fly drones near XXXX XXXX and to publish information regarding the foreclosure sale my property which is unlawful. 

They claim that " Caliber is not affiliated with auction.com and did not instruct or authorize it to take pictures of the property with drones. Second, and as explained before, California Civil Code 2924f requires Caliber to provide up-to-date foreclosure sale information to the public. Caliber uses XXXX to publish information regarding the foreclosure sale of the property. '' Alleged Dual Tracking. A recent loan modification package has been submitted and of course Caliber continues to say it is " an incomplete loan modification application from your representative at XXXX XXXX XXXX XXXX XXXX ( XXXX ) on XX/XX/XXXX ... Furthermore, your application remains incomplete ; enclosed is Calibers counsels correspondence to XXXX listing the documentation still needed. '' The foreclosure proceedings are currently on hold as a result of XXXX XXXX pending bankruptcy case. XXXX XXXX XXXX XXXX XXXX. XXXX but Caliber has failed to appear in my pending appeal in the XXXX XXXX XXXX XXXX XXXX. They now claim that Caliber is not a party to your appeal and does not need to make an appearance. But yet Caliber is the Servicer?

Company response to consumer: Closed with explanation