Consumer complaint received 2018-01-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Dear Sirs, The bearable version of explanation is the following : XXXX XXXX XXXX originated in XX/XX/XXXX and serviced the loan until XX/XX/XXXX. 
A Final Loan Modification to this borrower was approved and issued to the borrower and became effective XX/XX/XXXX issued by XXXX XXXX XXXX. 
. All payments were being made to XXXX XXXX XXXX and commenced on XX/XX/XXXX 
The loan was then transferred for Servicing to XXXX XXXX XXXX in XX/XX/XXXX. 
The mortgage payments under the Final Loan Modification Agreement/Contract were rejected by XXXX XXXX XXXX at that time without notification to this borrower. ( See copy of rejected payments, including letter from Capital One ). 
There is a Mortgage Loan Statement issued to this borrower in XX/XX/XXXX from XXXX XXXX XXXX, when the loan was at that time being serviced by XXXX XXXX XXXX. ( Attachment of this statement is enclosed ). 
There is a violation and Breach of Contract clearly transparent by XXXX XXXX XXXX, when rejecting mortgage loan payments when the Servicing transfer was completed in XX/XX/XXXX. AS A CONSEQUENCE TO THIS ACTIVITY BY CAPITAL ONE AND THE REJECTION OF MORTGAGE PAYMENTS AFTER THE SERVICING TRANSFER, THE BORROWER HAS BECOME DELINQUENT, THE MODIFICATION OF XXXX HAS BECOME NULL & VOID BY CAPITAL ONE, AND THE BORROWER IS NOW FACING FORECLOSURE NEXT WEEK -XX/XX/XXXX. 

Given the explanation above regarding this loan and the dangerously close Trustee Foreclosure Sale Date of XX/XX/XXXX - This Complaint was sent via email to the Office of the Ombudsman on Monday XX/XX/XXXX Attention of XXXX XXXX XXXX, acting director of the CFPB. 

Previous to this effort, several facsimile letters were submitted in XX/XX/XXXX to the Foreclosure Trustee with the information listed above in bullet points. A letter was also faxed and emailed to XXXX XXXX XXXX requesting a postponement of eminent foreclosure sale date of XX/XX/XXXX and to NO AVAIL there has been no reply. 

At this time it is becoming dangerously close to a Wrongful Foreclosure by XXXX XXXX XXXX and its Foreclosure Trustee as no one has answered the questions that have identified above. Because XXXX XXXX XXXX is the Investor of this loan as has been noted by XXXX XXXX XXXX. A calculated and gross negligence issue is at hand and a Breach of Contract of the Original Loan Modification issued by XXXX XXXX XXXXXXXX is now a critical matter. ( Copy of the Loan Modification signed, dated & notarized attached ) It has been made transparent that XXXX XXXX XXXX is the Investor of this specific loan, exercising and manipulating their service contractors and the borrower in mis-representing critical facts of servicing and election of Foreclosure as Capital One has not offered any home preservation options until a call was received today from XXXX XXXX XXXX It was suggested downloading an Application to submit with only ( 8 ) Days prior to the Foreclosure Sale Date for a modification or short sale in the home preservation option and servicing of this loan. 

A request to postpone the scheduled Trustees Sale Date scheduled for XX/XX/XXXX is an URGENT request message as the following documents also attached with a Fax transmission identified the following : Copy of a Capital One XXXX XXXX Statement for payment to XXXX XXXX XXXX Dated for XX/XX/XXXX mailed to the borrower. 
Copy of Final Loan Modification issued by XXXX XXXXXXXX XXXX on XX/XX/XXXX signed, dated and Notarized on XX/XX/XXXX by the borrower returned back to XXXX XXXXXXXX XXXX. Payments commenced on XX/XX/XXXX. ( See copies of Checks to XXXX XXXX XXXX dated ( 8 ) eight months prior to the XX/XX/XXXX Transfer date to XXXX XXXX XXXX 

The request to postpone this scheduled sale on XX/XX/XXXX is to clarify which servicer was actually servicing the above stated loan on XX/XX/XXXX and why home preservation options are only being acknowledged today? XX/XX/XXXX Why were the mortgage payments rejected by XXXX XXXX XXXX - ( Copy of rejection notice and payment check that was rejected is attached ) There are several documents, that confirm the suspicions of the Investor of this loan, who is also XXXX XXXX XXXX whereby, there is a Mortgage loan Statement issued to the borrower on XX/XX/XXXX, when XXXX XXXX XXXX was servicing this loan? 

The questions being asked of XXXX XXXX XXXX is to produce, Servicing History of Payments for this loan? This has been rejected by XXXX XXXX XXXX 

When the account was transferred for serving to Capital One in XX/XX/XXXX, Capital One rejected regular monthly payments under the Final Loan Modification approved, signed, notarized and sent back to XXXX XXXXXXXX XXXX, the originator of the loan and loan number : XXXX at XXXX XXXX XXXXXXXX in XXXX. ( Copy of that Final Loan Modification is attached ) ( See attachments and letter from Capital One and rejected payment ) Given the extensive nature of the resistance from XXXX XXXX XXXX to submit and verify the information regarding the rejected payments after the transfer of servicing to Capital One, it has been 3 years in attempting to extract viable, confirmed evidence of why Capital One is continuing to pursue FORECLOSURE given that Capital One is in Breach of Contract, and attempting a wrongful foreclosure. 

All entities have been sent letters of request to postpone the Sale until and unless Capital One can issue the Qualified Documents of Servicing the Loan on the dates XXXX XXXX XXXX is claiming including but limited to the BREACH OF CONTRACT in rejecting mortgage payments under the Final Loan Modification Agreement issued by the previous servicer XXXX XXXX XXXX. The information of documents can confirm and verify that XXXX XXXX XXXX is misrepresenting their servicing position and refusing to confirm or deny they have been attempting to Wrongfully Foreclose after the borrower has complied with having made his regular monthly payments to XXXX XXXX XXXX, and those payments being rejected by XXXX XXXX XXXX 
It has been made transparent that XXXX XXXX XXXX is the Investor of this specific loan, exercising and manipulating their service contractors and the borrower in mis-representing critical facts of servicing and election of Foreclosure as Capital One has not offered any home preservation options until a call was made today to XXXX XXXX XXXX regarding it 's Silence and lack of response to letters that were requested to be faxed regarding this matter. It was suggested downloading an Application to submit with only ( 8 ) Days prior to the Foreclosure Sale Date for a modification or short sale in the home preservation option and servicing of this loan. 

There is a Wrongful Foreclosure eminent and scheduled for XX/XX/XXXX and no cooperation from either the Foreclosure Trustee, XXXX XXXX XXXX and its principals emailed directly regarding this matter with a letter attachment or from XXXX XXXX XXXX, after Capital One requested this information in writing and " Faxed '' over. ( Fax confirmations can be provided ) All was  compiled with last week. To NO AVAIL, has Capital One responded to this information or to the request of Postponement of the Scheduled Sale, until this information could be investigated and resolution could be found. 

The letter to Capital One on XX/XX/XXXX included the request of the following documents : ( Copy of letter is attached ) Home Preservation Options - as XXXX requested I download an application for a Loan Modification just todayXX/XX/XXXX and submit as quickly as possible? 
A Payment Servicing Transaction Report of all payments made by this borrower to XXXX XXXX XXXX, beginning with and not limited to payments made to XXXX XXXXXXXX XXXX prior to the loan transfer for servicing. 
An Escrow Analysis Statement : Demonstrating servicing by XXXX XXXX XXXX. 
Copy of the documents transferred in the servicing transfer of the signed, dated, notarized Final Loan Modification Agreement issued by previous servicer XXXX XXXX XXXX. 
Copy of the correspondence letter mailed to the borrower of the loan servicing transfer from XXXX XXXX XXXX 
Copy of the Servicing Research regarding the Final Loan Modification transferred to Capital One in XX/XX/XXXXper XXXX XXXX XXXX Servicing Research Team. 
Reinstatement Quote Pay Off Quote The request to Postpone this Scheduled Sale due to the lack of consistent information from a Servicer is being requested by the CFPB to intervene. 
ATTACHMENTS INCLUDE THE FOLLOWING : * - Letter to Foreclosure Trustee " XXXX XXXX XXXX '' and Its principals, XXXX XXXX OF XXXX XXXX XXXX, XXXX * - Letter to CAPITAL ONE Requesting Information for the borrower and the discrepancies in the Servicing of this loan after serving Transfer. 
* - Copy of Mortgage loan Statement dated XX/XX/XXXX * - Copy of Final Loan Modification issued by previous servicer XXXX  XXXX XXXX * - Copy of letter to XXXX XXXX, Acting Director of the CFPB * - Copy of mortgage payments made to XXXX XXXX XXXX on XX/XX/XXXX to XXXX XXXX XXXX. 
* - Copy of mortgage payment to Capital One ( REJECTED ) INCLUDING COPY OF LETTER FROM CAPITAL ONE.

Company response to consumer: Closed with explanation