Consumer complaint received 2017-02-12
Company: Caliber Home Loans, Inc.
State: IL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
My home is currently under a foreclosure process, but I 've been taken advantage and been treated unfairly as I 've been assessed unfair fees, and was a homeowner subject to both unfair debt collection practices and predatory lending practices of my original lender XXXX ( Appendix B ). My state of Illinois and XXXX County attorney general filed former suits against XXXX, and subsequently they 've quietly attempted to transfer ownership and obligation to another entity- XXXX Master Participation Trust. 
Without my knowledge or consent, my home was transferred to a private entity, XXXX Master Participation Trust, from a private sale for homes under distress. My servicer is now owned by XXXX XXXX XXXX, a global private equity fund, and is owned by a billionaire named XXXX XXXX. 
So XXXX has bought my mortgage in a bulk auctioned deal, at a substantial discounted rate and has even been paid a big chunk of money that came out of my mortgage insurance. By not discounting the principal of my loan, the rich investors behind the XXXX make a windfall off of me. In addition, XXXX has continued the lawsuit under the representation that it is the owner of the loan without notifying the court the ownership has changed. 
This can be confirmed and is on record from XXXX financial records website ( Appendix D ). This entity has even represented themselves as being with XXXX as Trust for XXXX, however my lender and servicer are still listed as XXXX and Caliber respectively. I 'm advised that under UCC, my mortgage could be considered a non-negotiable instrument. 
This practice is very unfair - how is it allowed that the private equity bigwigs get to buy my loans at a subsidy ( HUD ), but as a homeowner with a home under water, I do n't get a subsidy when trying to save my own home. They 're profiting off of my distress. 
I 've tried to work my old and new lender/servicer over the last year plus, but have n't gotten any resolve or assistance. I have worked with my servicer and lender directly, HUD, XXXX County Foreclosure Mediation ( Honorable Judge XXXX XXXX ), and private consultation with an attorney. I was consequently advised to contact my local Congressman, XXXX XXXX XXXX XXXX XXXX, and now the Consumer Financial Protection Bureau on this matter. 
I 'm a previously unemployed, divorced father with XXXX children : XXXX years old, XXXX in college at XXXX, and XXXX XXXX parent ( Mom, XXXX ) who I support and live in the home. My last few correspondences have only resulted in being told to do a short sale or deed in lieu - transactions that would only benefit the lender/servicer. I was recently even told that a modification would n't be considered due to the fact that it 's severely under water. 
I want to keep my home and previously paid a 3 trial monthly installments in good faith. After I sent the payments, they claimed additional paperwork was n't received and attempted foreclosure proceedings for a 2nd time. In summary : I 'm a subject of both unfair debt collection practices and predatory lending from XXXX. 
Based on my County 's ( XXXX ) assessment and from my servicer/lender 's own valuation, my home is only worth about $ XXXX, not including $ XXXX in repairs. 
Since XX/XX/2008, my previous lender XXXX stopped doing refinancing of all loans. 
My loan is not backed by XXXX XXXX so I can/could not take advantage of home affordable programs. 
I 'm severely underwater, and ca n't get my loan refinanced or modified with anyone. 
I have several supporting documents. Thank you.

Company response to consumer: Closed with explanation