Consumer complaint received 2016-04-27
Company: MORGAN STANLEY & CO. LLC
State: NC
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
My home is wrongfully in foreclosure. My complaints with this foreclosure are of the following : ( 1 ) The box on the Notice of Hearing on Foreclosure of Deed of Trust stating " requests for information have been made by the Debtor ( s ) pursuant to XXXX and all such requests have been complied with pursuant to that statute '' was checked but they were not. The following requests were not fulfilled : XXXX/XXXX/XXXX letter to XXXX I requested " copies of the debt/mortgage purchased/transfer from XXXX of .... property by Morgan Stanley XXXX '' ; letter dated XXXX/XXXX/XXXX from my attorney to XXXX of XXXX requesting " proof of the existence of any debt ... as well as proof of ownership of any alleged debt '' ; in a letter dated XXXX/XXXX/XXXX to XXXX of XXXX, my attorney requested " proof of ownership of any alleged debt referenced in your letter, including any assignment, allonge, or other indication of transfer of ownership ''. ( 2 ) Total debt amount of {$820000.00} as stated on Foreclosure Notice exhibit B is incorrect as a result of not going by terms of The Adjustable Rate Note as stated. Also, it states in the NC Construction Loan Addendum to Deed of Trust dated XXXX/XXXX/XXXX and recorded XXXX/XXXX/XXXX in Book No. XXXX at Page XXXX that the maximum amount, including present and future obligations which may be secured by this Deed of Trust at any one time is XXXX. ( 3 ) There are XXXX different law firms acting as the Substitute Trustee in the present foreclosure proceedings. On the actual Notice of Hearing on Foreclosure of Deed of Trust, the hearing date was XXXX/XXXX/XXXX and that the Substitute Trustee was XXXX. I had received via post a letter dated XXXX/XXXX/XXXX from XXXX that they were the now representing XXXX, etal. However at the Foreclosure hearing, an attorney from XXXX as well as XXXX for XXXX were there as Substitute Trustee. A new hearing of XXXX/XXXX/XXXX was set. Afterwards, in a letter from XXXX dated XXXX/XXXX/XXXX, they state that the hearing for XXXX/XXXX/XXXX was cancelled and the foreclosure was on hold. However, a signed Motion from XXXX stating that the Court had continued the hearing was not enclosed. Because of this and the confusion at the previous hearing, we called the Clerk of Court 's office twice on XXXX/XXXX/XXXX and once on XXXX/XXXX/XXXX to inquire if the hearing was still cancelled and all 3 times we was told that it was still on. We attended the XXXX/XXXX/XXXX hearing but no Substitute Trustee for XXXX was present. The Clerk then came back to us and stated that she had called both law firms and that an error had happened where there were XXXX hearings for " XXXX '' scheduled that day and both were for me. The XXXX scheduled by XXXX as Substitute Trustee had been cancelled by a phone call from them to the Clerk of Court office but the XXXX scheduled by XXXX as Substitute Trustee had not been. My lawyer asked for a dismissal of the Foreclosure because in XXXX hearings there was an issue as to who the Substitute Trustee actually is, they summoned us to this hearing but not appear. She stated, " That 's not how we do it here '' and gave him a post-it-note with a phone number written on it and instructed him to call it. The phone number was for XXXX. ( 4 ) XXXX offered me a " Trial Period Modification Plan '' asking for a total of {$27000.00} and for me to agree to a modification without me seeing what would be on the modification agreement, mainly what the principal amount or what the interest rate would be. Also, it did n't obligate what XXXX would do with the money sent or that I would get a modification. ( 5 ) XXXX letter dated XXXX/XXXX/XXXX denied my application for foreclosure prevention based on my financials I could not repay.I did n't apply for it.

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