Consumer complaint received 2016-09-14
Company: PNC Bank N.A.
State: PA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My husband and I purchased a house in XXXX. In XXXX we legally separated. I kept exclusive possession of the house, and made all payments timely for 5 years. As our divorce finally came to finalizing, we had to decide what to do with the home. I placed it up for sale in XXXX with a Realtor. At the same time, the attached twin to my home also went up for sale. They gradually dropped {$40000.00} to a final selling price at {$210000.00} approximately XXXX. This home had central air, brand new kitchen, bathroom, loft, new roof and off street parking. Unfortunately, we bought our house when the bubble was still overpricing homes. We bought the home at {$230000.00}, and at the time of placing the home on the market, we owed approximately {$210000.00}. We never received one offer on our home, even though we did dropped the price to the very lowest, so we could make settlement charges and meet the mortgage note. I started a Short Sale application with PNC Bank in XXXX. 
I hired a new realtor very experienced in the is area. I was informed that due to the market and the exact twin attached to me, selling so low, we were underwater. She suggested a Short Sale. We both agreed to try this. The house was placed on the market again under this second realtor for {$190000.00} and sent a second Short Sale application to PNC in XXXX. Simultaneously, we received an offer from a very able buyer and offer for {$200000.00}. We thought this would be wonderful and PNC would accept a Short Sale, since it was so close to the mortgage note. Prior to the offer from the buyer, the first Short Sale application appeared to be denied, and a HAMP modification was mailed instead. I was confused by this, but then after the offer came in, we moved forward with another Short Sale application with the buyers offer, mortgage preauthorization and money in escrow. 

Our Divorce Hearing was heard in XXXX. It was written in the Divorce Agreement that the house was to be sold under Short Sale. No Quit Claim was every entertained, as everyone including the XXXX that such a strong offer would be honored by PNC. 
The Short Sale was denied again. We never received a clear reason why, but another HAMP modification that now increased from {$1500.00} to {$1600.00}. 
In XXXX, the Realtor had to release the buyer from the agreement and we lost our buyer without a Short Sale approval. 
In an effort to save my credit and avoid foreclosure on the home, I called PNC XXXX. I asked the representative could I sign the HAMP agreement, as I could afford these mortgage payments with them being lowered. But, instead, I was informed by that " without XXXX ' signature ( my now ex husband ) the agreement is null and void '', and they could not accept the HAMP payment. I was shocked and dismayed as I wanted to save my home for my boys after the Short Sale denial and feeling I had not other choice, I could avoid the foreclosure and make payments and was being denied this without a Quit Claim from my ex husband. Yet, I informed PNC back in XXXX during the third Short Sale application, that the Quit Claim did not exist. My ex husband was being uncooperative and would not communicate with me or legal counsel. I told them I had exlusive possession of this home for 5 years and was making payments faithfully until the Short Sale application and wished to honor the HAMP to avoid foreclosure and was told no. Last week, I was informed I am not in foreclosure status. I feel like I have acted in good faith and sincere due diligence to sell this house and then ultimately save it from foreclosure and PNC impeded all attempts to avoid foreclosure. This house could have been sold for {$6000.00} less of what was owed on the mortgage, and could have been receiving HAMP payments from myself, now we are in foreclosure for no reason other than acts of bad faith.

Company response to consumer: Closed with explanation