Consumer complaint received 2015-11-25
Company: FRANKLIN AMERICAN MORTGAGE CO.
State: TX
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I hired a Real Estate Company that specialize in doing short sales to initiate a short sale request to my mortgage company, Franklin American Mortgage XXXX was on XX/XX/2015.Franklin American has given misinformation and has been completely unwilling to assist in this matter since starting the process, even though they claim this is an option they make available to homeowners going through a Hardship. In the last year, I have lost my job and been separated from my wife. I am currently trying to find a new job but have been unsuccessful so far. The reason for my complaint is simple, i believe that my mortgage company is forcing me into foreclosure. There is a scheduled auction date for XXXX/XXXX/15. I have been trying to obtain a payoff quote from the foreclosure attorneys to find out what the exact amount is since XXXX/XXXX/15. The foreclosure attorneys continue to advise both me and my realtor that there is nothing the attorney can do to expedite this quote to be generated. The advised that they were still waiting for Franklin American to send it back to them. They advised that it usually only takes 3-5 days and this was unusually long. As of today, XXXX/XXXX/15, i still have no idea how much to pay off my loan in full. They are foreclosing XXXX/XXXX/15. Another reason i believe i am being forced into foreclosure ; My house was flooded ( twice actually ) and there was an Insurance Claim made. I tried to get Franklin American to sign the insurance check and send back to me. The check had to be signed by both parties. They misled me and seemingly just jerked me around until the check expired. I am currently trying to get the claim and check extended. If i could repair the damage to the property, i would be able to sell the house traditionally and avoid foreclosure or any other kind of pre-foreclosure option that would hurt my credit. It feels like they are well aware of my situation, the fact that there is equity in my home but have fallen back on payments due to losing my job, and have decided that Franklin American is going to take the house to auction XXXX/XXXX/2015. Another reason i believe i am being unfairly forced into foreclosure, the real estate brokerage that i hired specializes in short sales, has run into nothing but deception and misinformation. After the bank postponed the XXXX/XXXX/15 foreclosure date upon my realtor initiating the short sale review, they ordered an Appraisal and requested specific documents to complete the package. The documents requested were faxed in on XXXX/XXXX/15. They advised that the package was just reviewed on XXXX/XXXX/15, 9 days later. The account was noted as follows : " Documents reviewed, NO time to do a short sale because of the XXXX/XXXX/15 F/C. Reason : Incomplete package. " They said because we did not put an address on line XXXX of the IRS XXXX XXXX XXXX ( XXXX ) This is the line were the address Franklin American is requesting the IRS send the transcript to. ( Like i could know this! ) My real estate company called to ask why they would n't allow us to put the address on the XXXX and send it back. They stated that there was a LAW that states the a " complete short sale package '' must be received within more the 14 days of a scheduled sale date. The account was noted incomplete on XX/XX/XXXX, the realtor was advised of this on XX/XX/XXXX, and the sale date is for XX/XX/2015.My real estate company is advising me that there is CERTAINLY NO LAW regarding any amount of days that a mortgage lender must receive a borrower 's short sale package for review. My friend, who is a Real Estate attorney, has also confirmed to me that there is no such law, nor government implemented guidelines that apply to this situation and that banks can choose their own short sale process.I am requesting that someone please investigate the recent history of events to determine whether i am being illegally or unethically taken of advantage. Thank you for any help

Company response to consumer: Closed with explanation