Consumer complaint received 2017-07-21
Company: EVERBANK, NATIONAL ASSOCIATION
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Date : XX/XX/XXXX To : Consumer Finance Protection Bureau. Re : EverBank loan # XXXX XXXX XXXX XXXX XXXX. XXXX, FL. XXXX XXXX XXXX : XXXX XXXX XXXX XXXX, CA. XXXX Dear Processor, 1- We ( me and my husband ) filed for Chapter XXXX bankruptcy in XX/XX/XXXX, and was confirmed on XXXX XXXX, of XXXX, and a plan was established for the payments to be made to the creditors. 2- One of the creditors was/is EverBank ( EB ), and since the said property was a rental at that time, the judge ordered the mortgage payments that were skipped during the BK filing, to be paid back in full. Hence, we made the past due payments accordingly in the amount of {$46000.00} ( see Exh. # 1 ). 3- Since the said loan was modified, the judge decided that the mortgage payments of this loan ( we had several mortgages that were modified to fit the BK plan, except the said loan ) to be paid according to the modification terms. 4- We had also a secured credit line with XXXX XXXX XXXX XXXX XXXX which was modified by the BK court to be paid over ten years with fixed monthly payments. 5- The attorney representing XXXX XXXX XXXX XXXX ( the credit line holder ), refused to approve the BK courts payment plan, unless we pay back and bring current whatever we owe to EverBank ( see Exhibit # 2 ) 6- On XXXX of XXXX, we received an Escrow payment analysis from EverBank telling us also how much our payments would be. We Paid the Mortgage payment via phone, and got confirmation # of XXXX ( see Exh. # 3 ). 7- Prior to the final confirmation of the BK courts payment plan in XXXX of XX/XX/XXXX), EBs attorney requested additional past due amounts ( for five months ) to finalize the plan. We sent a cashiers check in the amount of {$15000.00}, and an additional monthly payment of {$2800.00} ( see exh. # 4 ) 8- On XXXX XXXX of XXXX, we received a new mortgage statement ( Exh # 5 ), requesting in addition to the mortgage payment of {$3100.00} a lump sum payment of {$23000.00} of which {$1300.00} goes to fees + charges, and totaling {$26000.00} 9- We immediately contacted our BK attorney questioning this {$23000.00}. According to him we were not supposed to owe EB any arrearage. 10-For more than 18 months, EverBank refused to talk to us in regard this past due amount that we owe them, claiming that this is a BK case, and we must tell our BK attorney to contact them, and they will resolve it with him. 11-Eventually, and after about two years, they accepted to communicate with us, and assigned a customer relationship manager -XXXX XXXXto handle the case. We send the above-mentioned evidence to her, and requested from her to pin point the months that we were delinquent so that we can compare them with our records, and if we were delinquent, then we will pay that amount we owe them. They claimed that it should be reflected on our monthly mortgage statements. I am attaching here several mortgage statements, and our bank statements that shows we paid all their mentioned delinquent months ( see exh. # 6 ) 12-We have been making the regular mortgage payments till XXXX of XXXX, and our last 2 mortgage payments ( XXXX + XXXX of XXXX see Exh. # 7 ) ) were returned to us, claiming that we are supposed to pay back the whole delinquent amount that was increased to about {$30000.00}. XXXX-For about 3 months, we kept going back and forth with no avail, and they filed Notice of Default and started the foreclosure process in XXXX of XXXX. For the next 4 months, we continued to discuss our case with EB, and most of the time either the relationship manager was no longer with EB, or a new one was appointed to our case, which made us repeat the scenario more than 8 times ( we have changed round 8 relationship managers and here are their names-XXXX XXXX XXXX XXXX- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ).  Eventually one of them suggested to apply for loan modification ( which my husband refused to do, and argued with them saying that we made your regular payments for 28 months, and we can continue making the same payments, why then we should modify the loan, since we have only 18 yrs to pay it off ). 14-Eventually, I agreed to apply for loan modification, for which we were eligible, but they denied the modification without a solid or legitimate reason, we appealed the denial, and filed again proving to them that they made a big mistake in calculating our income, our second application was denied also claiming also that there were missing docs, and every time they requested a document was sent to them immediately, then another relationship manager comes, and claims that there are missing docs. ( see EXH # 8 & 9- We can send you the modification application if necessary ). XXXXIn XXXX of XXXX, my husband sold one of his properties, and when he received the payoff demand from the servicer ( XXXX ), he noticed that, the payoff amount is about {$90000.00} more than the original loan amount. He contacted the BK attorney questioning about the figures, the attorney told him that XXXX DID NOT ADHERE TO OR COMPLY with the BK approved plan, and they ( XXXX ) went by their own books, and he sent the court dockets that showed what was the agreement between each lender and us. 15-According to the agreement ( see Exh. # 10 ) EverBank was supposed to request a payment of {$350.00} ( for 60 months ) in addition to the regular mortgage payments, and not {$26000.00}. They didnt honor the court decision, and their own attorneys agreement. 16-If you calculate the pre-petition amount of {$20000.00}, and the post-petition amount of {$18000.00}, and compare that with the amounts in ( Exh. # 1 ) that we paid to EB add to that an escrow surplus in the amount of approximately {$5200.00} that they owe us you will notice that we even overpaid them, cause as I indicated previously, the attorney for the credit line didnt agree to the BK payment plan, unless the delinquent amounts to EB were satisfied. At this time, I am seeking your assistance in this mater, by negotiating a favorable deal and payment plan with EverBank or XXXX, and keep the house which is scheduled to foreclose in XXXX of XXXX. Thank you in advance for your consideration and cooperation. Sincerely, XXXX XXXX.

Company response to consumer: Closed with explanation