Consumer complaint received 2016-04-15
Company: SANTANDER BANK, NATIONAL ASSOCIATION
State: NJ
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My name is XXXX XXXX. My wife, XXXX & I reside in XXXX, NJ. We are at the end of our rope trying to hang on to our mortgage & our home that we believe Santander Bank deliberately, systematically and unlawfully foreclosed on our property. We also believe because English is our XXXX language that the treatment we received from most people we dealt with from Santander Bank was rude, inconsiderate, condescending and outright predjudicial at times. One day while on the phone with them, my accent was actually mocked by the person I was talking to, unbelievable. Fair Debt Collection Practices Act FDCPA 806, Harassment or abuse 15 U.S.C. 1692d -Why did Santander Bank feel like they had to treat us as XXXX class XXXX because we were obviously from somewhere else originally. We are both U.S. Citizens, love this country and love our home, but none of that mattered to them when dealing with their employees. 

When my wife lost her job 4 years ago, we contacted Santander Bank to let them know we were going to have difficulty making our mortgage payment because of the loss of income we were about to endure. They sent us a modification packet which we filled out completely and returned it with the asked for, supporting documents. Every time we would call to check on the status, we were put on hold for long periods of time, transferred to voicemails that never returned calls, never could get a hold of the person that was supposedly handling our file ; this went on for months. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' We were given different account managers, told to submit and resubmit documents and probably submitted XXXX different complete packages in months that turned into years of frustration, aggravation and hopelessness. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ''. Why were n't we assigned a single point of contact to assist me in saving my home? 

While trying to get the loan modified they ended up foreclosing on our property XX/XX/XXXX. 1024.41 ( g ) Dual Tracking is prohibited. " Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure. How can they foreclosure when we had been trying to get the loan modified? 

After the foreclosure had gone through we continued to call them and I had a conversation with an employee there that said if we were foreclosed on while trying to get a mod., we may have been foreclosed on unlawfully. He told me he would check into it and get back to me. After I hung up the phone I realized that I had n't gotten his name or direct #. I never heard from him or anyone else. Every time I called, I went through the same runaround every time with no success, ever. 

We now have been served with Eviction Paperwork, telling us we have to be out by XX/XX/XXXX! We have nowhere to go and not enough resources to move. What are we going to do??? We need someone to hold Santander Bank accountable for this " unlawful foreclosure '' that has occurred that may leave us homeless if someone does n't intervene and " stay '' the eviction process while there is some kind of internal investigation at Santander Bank regarding our home. They need to be held accountable for their egregious, malicious and malfeasant mishandling of our mortgage that may render us homeless unless we get someone to help. 

Someone Help Us Please!!! 

XXXX & XXXX XXXX XXXX, NJ

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