Consumer complaint received 2017-09-28
Company: MORGAN STANLEY & CO. LLC
State: SC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
We have been battling with the mortgage company for several years. They have always used fraud and deception throughout the entire case. The have used forged documents, robo signing, we were approved for $ XXXX from hud to catch up our mortgage and pay a year in advance, the lender lied and provided false documents to have that cancelled, We have docs that have two different notaries swearing on two separate Mortgage registrations, False MERS Contracts. Too much Fraud to list. 

The most recent complaint has to do with a short sale we tried to work out with XXXX mortgage servicer and the Lien holder Morgan Stanley XXXX XXXX. We Approached the lien holder through their Attorney. The claimed they were going to consider a short sale. This stopped the scheduled Sheriffs sale. We had a potential buyer. This was turned down because they claimed it had to be listed with a real estate agent and appraised by their appraiser. We secured a real estate agent.and listed the property. The Lien holder sent an appraiser. The appraiser returned a value of {$XXXX}. The agent Installed a lock box on the door and placed a sign in front of the house. We had four offers in about a week. The offer was for {$XXXX} but upon closer inspection the buyer lowered his offer. The real estate agent and I listed all the defects and problems with the house. This was all disclosed to the lien holder. The Agent contacted the lien holder and said the evaluation was not right. Upon talking with the workout specialist she said she would send another appraiser out. Upon waiting for a couple weeks a letter came stating we would have to file a formal appeal. I promptly filed the appeal and waited several more week. About XX/XX/XXXX we received a reply stating that our appeal was denied. They stated that they were not forclosing at that time and we could try to refile an appeal. I brought this to the real estate agent and he contacted the workout specialist. During this time we also received notice that our workout person was changed.The agent called loss mitigation and spoke to someone explaining they told us they were going to reevaluate the property. The workout agent told the real estate agent that she would call back the next day with an answer. The workout agent never called the real estate agent. The real estate agent followed up with the workout agent on the following Monday.The work out agent then told the real estate agent that they already sent out someone and the value came back at {$XXXX}. We know this is a lie because no one came to inspect the property when we where there. I also had the real estate agent provide a copy of the print out of the lock box that was on the door. No one can get inside of the house without opening the lock box. Evertime the lock box is open it sends a digital signal to the real estate agents tracking system. the real estate agent confirmed no one came to the house. While we were trying to work with the lien holder we received an advertisement in the mail from a bankruptcy attorney. The advertisement state that he could stop the foreclosure sheriff 's sale scheduled for XX/XX/XXXX. I was stunned because we were never notified by the court or attorney for the up coming sale. I went to the clerk of courts office in XXXX SC. I requested to see the files on the case. The file was reactivated but it did n't have any information on who filed for the sale. The Only attorney listed as receiving the receipt from the filing with the clerk was an electronic reciept for Att. XXXX XXXX. I questioned this because this attorney was n't part of the case for several years.I also looked and noticed that there was no NOTICE OF SERVICE filed by and attorney. The notice of service is proof that the attorney filed the motions with the court and served them to all parties in the case. This document was missing. The clerk did n't know the answers so they told me to contact the Judge, attorneys and the clerks office via email. Upon contacting all parties involved the attorney stated that he filed the Motion to reinstate the sale because he had orders from his client. He state that he filed the papers on XX/XX/XXXX. That would have been impossible because the Judge signed the order on XX/XX/XXXX. That would mean that the judge would have signed the order 12 days before the lawyer even filed. Once I brought this up to all parties the attorney  later said he filed on the XX/XX/XXXX. Since the attorney never filed a 'notice of service '' with the court, the court recommended that he do that. The attorney  filed a notice of service and mailed the copy to me. Up receiving the notice by mail I noticed it was blank. How could someone file a notice with no date stamp or any information from the clerk? I received these docs on XX/XX/XXXX. This is the first notice i received from the court. I received it on the XX/XX/XXXX and the sale is scheduled for XX/XX/XXXX four days before the sale date. I filed a motion with the court siting rule 5 violations. Rule 5 has to do with proper file and court procedure.I filed this motion to stop the sheriff 's sale. I also filed a motion requesting another hearing because of fraud on the apart of the lien holder. I filed this to request a hearing to vacate the foreclosure order. The judge said in order for me to stop the sale I would have to file a bond which I do n't have the money for. 

In the past it was ruled all this fraud and XXXX was not an issue because I filed for bankruptcy and by doing that " I claimed the debt ''. The only problem with that is the fraud was discovered after I filed for bankruptcy. The Lien holder sent me a letter when they switched servicers. The servicers sent me a letter asking me if this was my debt.I responded back that it was not my debt. I argued in court that if the defense can claim a debt that if the law is fair then the plaintiffs should be able to un-claim a debt. The judge never let me speak. I was not able to afford a forensic document examiner etc. But this is old but it shows a long pattern of fraud  and deception by the lien holders, servicers and attorneys in the case.We also tried to do a work out with the lien holders. Very early on they offered us a work out deal that would have put us further in debt after paying for two years. I did not take that deal and have not paid anything on the mortgage since.

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