Consumer complaint received 2015-04-07
Company: Caliber Home Loans, Inc.
State: TN
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I am submitting this complaint to address the ongoing dual-tracking violations and to get answers as to why there is still a sale date on my file since submitting a complete RMA package in XXXX XX/XX/2015. Caliber has violated the following federal laws established for the sole purpose of protecting borrowers ( consumers ) like me from the exact violations outlined below : FDCPA - threatening unrealistic consequences with a pending sale date RESPA - dual tracking violations for keeping a sale date with a complete RMA UDAAP - unfairly marking a RMA as " incomplete '' to further escalate foreclosureFDCPA VIOLATIONS OVERVIEW Caliber Home Loans continues to keep an unrealistic sale date of XXXX XXXX, XX/XX/2015, on my file even though a sale date on that date would violate my consumer rights and is not possible due to denial appeal rights and/or government mortgage assistance laws. 

RESPA VIOLATIONS OVERVIEW Caliber Home Loans continues to violate federal dual-tracking laws by simultaneously working with me to avoid foreclosure while moving forward with foreclosure as evidenced by a complete package received ( see attached letter from Caliber dated XXXX/XXXX/XX/XX/2015 ), per XXXX ( Agent ID # XXXX ) on XXXX XXXX, XX/XX/2015, and the refusal to remove the sale date scheduled for XXXX XXXX, XX/XX/2015 

UDAAP VIOLATIONS OVERVIEW Caliber Home Loans continues to state that they do not have to remove the sale date since my complete package was not received more than 37 days out from the sale date but the truth is that Caliber Home Loans put the sale date on my file after an initial RMA was submitted and within 35 days of the sale date, making it impossible for me to satisfy the deceptive 37-day excuse as it is a lie with a side of abusive business practices. 

Per the consumer rights violations identified above, I 'd like for Caliber Home Loans to answer the following questions so that all parties involved can get a better understanding of Caliber 's standard operating procedures to address wrongdoing and adjust expectations moving forward:1. WHAT IS A COMPLETE PACKAGE? 
a. At what point is a request for mortgage assistance ( RMA ) application considered " complete '' per Caliber and the CFPB 's dual-tracking laws established to protect struggling borrowers like me? 
b. Who determines the " completeness '' of the package, the single point of contact or the underwriting representative, and how is the borrower ( me ) informed? How long am I given or do I have per Caliber to satisfy the request for documentation? 

2. HOW CAN A BORROWER LIKE ME SUBMIT A COMPLETE APPLICATION OR RMA XXXX OR MORE DAYS PRIOR TO A SALE DATE WHEN THE SALE DATE IS PLACED ON THE FILE WITHIN ONLY 35 DAYS OF THE SALE DATE? 
a. If the sale date was placed on the file on XXXX XXXX, XX/XX/2015, then how can I submit a complete package 37 days in advance of the sale date? 
b. How can Caliber 's dual-tracking defense be that I did not submit a complete application or XXXX at least 37 days from the sale date when the sale date was placed on the file less than 37 days from the sale date ( XXXX XXXX or XXXX as it is unclear as to the exact date so pleased see attached )? 

All requested documentation has been submitted and the requests that are being made are subsequent requests after receiving a complete package per Caliber 's correspondence, which should warrant the removal of my sale date ; all subsequent documentation has been submitted to date. To reiterate, I will be afforded an opportunity to appeal a decision or denial so the stated sale date of XXXX XXXX, XX/XX/2015, is not realistic and can only be construed as harassment or a threat, which now warrants an FDCPA complaint for violations.

Company response to consumer: Closed with explanation