Consumer complaint received 2018-05-18
Company: Caliber Home Loans, Inc.
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Caliber Home Loans, Inc., keeps ignorning all my pre- and post-petition payments for the Chapter XXXX Bankruptcy filed in XX/XX/XXXX. Caliber began servicing the loan in XX/XX/XXXX I I had a balance in both the Unapplied Funds and Suspense Accounts for {$920.00}, and {$1100.00}, and and additional {$100.00} and they failed to post them as regular payments. Further, a payment was posted to the loan in XX/XX/XXXX, yet Caliber continued to attempt to foreclose on my property, without complying with all HUD requirements nor proving they have standing to do. I attach a copy of their recent letter stating some of the regular payments I made during XX/XX/XXXX along with an IRS XXXX FORM showing interest and taxes paid to date, and therefore request an audit of the loan. The loan originated on XX/XX/XXXX, with a principal balance of {$310000.00} with a non existent lender called XXXX XXXX   XXXX, dba XXXX. The previous servicer of the loan was not XXXX, but another company called XXXX XXXX, XXXX. Caliber allegedly became the servicer of the loan on XX/XX/XXXX. The loan according to them was contractually due for the XX/XX/XXXX and subsequent monthly installments when I filed Chapter XXXX Bk in XX/XX/XXXX. I then proceeded to make all my pre and post-petition payments to the Trustee and Caliber Home Loans as agreed during XX/XX/XXXX as you can see in their attached letter, and non the less, they have continued to foreclose and a sale date is currently scheduled for XX/XX/XXXX. I have requested clarification many times and they continue to ignore me. The payments posted in conjunction with the Chapter XXXX Bankruptcy ( Case Number XXXX ), is now in Appeal with the Bankruptcy Appellate Court ( BAP ). On XX/XX/XXXX. Caliber claims it has not received evidence to support all post-petition plan payments in accordance with the Chapter XXXX Bankruptcy plan, and yet presents them all in the letter attached. Caliber filed a Motion for Relief on XX/XX/XXXX based on misrepresentations, which was granted by the Bankruptcy Court and recorded on XX/XX/XXXX, and Appealed immediately thereafter. Another suspense balance of {$1600.00} during this year XX/XX/XXXX was applied to the XX/XX/XXXX, contractual installment of {$1600.00}, which should have been posted to the regular payment in XX/XX/XXXX. All payments have not been correctly applied to the loan, and Caliber has failed to provide copies of the true post-petition payment history, as well as the loans consolidated transaction history for verification ; therefore, an additional audit is required. It is also important to note that they have failed to establish standing to pursue foreclosure proceedings, and have failed to verify that all foreclosure proceedings have been conducted in accordance with federal and state laws. Their alleged Single Point of Contact ( SPOC ) is never the same person and the Manager named XXXX at extension XXXX at that Department on XXXX fails to return my calls. For the above reasons I request a full audit be carried out immediately on the loan by the CFPB and they order that this unlawful foreclosure be stopped while the BK Appeal is pending.

Company response to consumer: Closed with explanation