Consumer complaint received 2023-03-09
Company: Dovenmuehle Mortgage, Inc.
State: CO
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I have made a report with CFPB on XX/XX/XXXX. Case # XXXX. I filed it under Colorado Housing and Finance Authority when the actual loan servicing company is Dovenmuehle Mortgage Inc. 

Loan number # XXXX So if I could have this expedited I would greatly appreciate it. 


I took a Covid 19 forbearance during the pandemic with CHFA, Colorado Housing and Finance Authority/ XXXX  , Dovenmuehle Mortgage Inc . Under HUD and The Real Estate Settlement Procedure Act ( RESPA ) the mortgage servicer is prohibited to initiate a foreclosure if a loss mitigation modification is active. As my forbearance was coming to the end I had contacted a HUD certified counselor, XXXX XXXX, from Colorado Housing Authority here in XXXX XXXX in XXXX of XXXX. CHFA had already put my home up for foreclosure sale. I was forced to file bankruptcy to stop the foreclosure in XXXX of XXXX. I never missed a payment prior to the forbearance, I also have good credit and under the CARES ACT I was protected from a foreclosure sale while I looked into my modification options. Filing for bankruptcy shouldn't have been necessary and also put me in jeopardy of more hardships down the road. Anyway, at this time I continued to work with XXXX XXXX on my loan modification. I have confirmation from CHFA that they received my application. CHFA hired a property management company, XXXX XXXX. They changed my locks on my house 3 times claiming they are there to protect the property. My home has severe water damage and I was waiting for my new loan modification to make repairs. I had sent a letter explaining this with my HUD counselor informing CHFA of the reasons it isn't occupied. Whether it was occupied or unoccupied wasn't a verifiable concern for my forbearance or modification. They harassed me and caused further hardships for me being that I had spent nearly {$300.00} to replace my locks. They didn't have authority in making these decisions. Plus I am still not in my home. I haven't been able to live in my home since this all started. 

I was working with XXXX on my loan modification from XX/XX/XXXX until XX/XX/XXXX. During communication on XX/XX/XXXX or XXXX trying to find out what else I needed to finish this modification XXXX found out my house was sold at auction XX/XX/XXXX. I was not given notice from CHFA or the Public Trustee. XXXX was not given notice of this sale either until it was sold. Again I had an active loan modification from XX/XX/XXXX until XX/XX/XXXX. Under the RESPA this is considered to be " Dual Tracking '' which is against the law and it's prohibited. I sent an " Error of Resolution '' to CHFA XX/XX/XXXX being I was already a week behind the foreclosure sale. I have filed a Replevin  with XXXX XXXX XXXX XXXX. My court hearing is XX/XX/XXXX at XXXX XXXX. The judge granted me permission to get my things however denied the show of cause regarding legitimacy of the foreclosure. Under Replevin when property, even a mortgaged property, is taken unlawfully and is considered taken due to theft, they are required to show cause of the foreclosure. I also asked the courts to put a " Temporary Order '' to preserve the property to prevent a resale during the review and investigation, but it was denied. Immediately after court XXXX XXXX XXXX put my home up for auction through XXXX XXXX  XX/XX/XXXX. I was able to stop that sale because I sent the auctioneer the letter showing my loan was under review. I also spoke to XXXX XXXX from XXXX complaints informing her of my property being sold on XX/XX/XXXX. Again this shows intent. 

I have made official reports of this illegal foreclosure with the Colorado Attorney General, Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission, and several other agencies that investigate " Mortgage Fraud ''. 
My house was sold to foreclosure XX/XX/XXXX. The new COVID 19 HUD laws were posted XX/XX/XXXX informing all government backed mortgage servicers must comply with. Colorado revised foreclosure laws pertaining Rule 120 was posted XX/XX/XXXX. CHFA was made aware of changes before it was actually posted which leads to what the true intentions were in this case. 

I have two letters from CHFA/XXXX  stating my file is under review dated XX/XX/XXXX and XX/XX/XXXX. This should have been enough for them to stop resale of my home also. But they continued with the sale. 

I have lost my home which still can be recovered if I get someone to address this situation quickly. 

I know I am not the only one being affected by this illegal foreclosure behavior. 

If you are to request a list of foreclosure filings from XXXX XXXX XXXX you will be able to see the gravity of this. This is affecting all Colorado residents with a CHFA/ Dovenmuehle Mortgage. Plus data shows they are devastating homeowners all across the US. They are supposed to follow laws, regulations, and protocols set for government back loans. These loans affect the low-income homeowners directly. 

Please don't just think I am another homeowner wasting your time. I promise you I am very qualified to have my modification and should have been modified over 6 months ago. But I may have still lost my home and I never deserved this to happen. What kind of relief is enough when someone's home is stolen from them? 

XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation