Consumer complaint received 2015-12-16
Company: PNC Bank N.A.
State: DE
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
My complaint is due to my divorce and primarily involves my HELOC, though my first mortgage ( fixed rate Home Equity, really ) is with the same lender. I will remain with my kids in the home and want to assume both the Home Equity and the HELOC ( or have my ex-husband 's name removed ) but I 've been unsuccessful. I 've submitted a complaint previously but ca n't dispute the response, possibly due to the age of my complaint, but research takes time. I 've had a chance to review my HELOC docs and have several issues. First, my ex and I both believed the HELOC was secured by a different residence that he 'll be keeping ( no loans attached ). The docs do n't state what property secures the HELOC. After many calls to my lender, and much confusion on the part of my lender during research, I 've been told that the home in which I reside secures both loans. Next, I 've researched some info re : " due on sale clause '' being one of the only tools available to lenders to prevent assumptions. I ca n't locate this clause in my HELOC docs, so I 'm wondering if that may only apply to first mortgages. Whether it applies only to first mortgages or to the HELOC, as well, I 've been told by my lender that I ca n't " assume '' my loans nor can I have my ex removed. If my lender is incorrect in prohibiting me from removing my ex, I 'd like to know how I should proceed. If THAT does n't help my situation, I 'd like to know if the 1982 Garn-St Germain Act applies, and if so, how I should proceed. Finally, my HELOC docs state that instructions for some types of transactions may be made by one borrower without requiring all borrowers to sign ( though reinstatements for borrowing, etc., must be made by all borrowers ). I 'd simply like to instruct my lender to remove liability from the second borrower. My requests for the past 4 years have been denied. I 've shown my ability to pay without a second borrower for the past 4+ years, without any late payments, and I also have liquid assets equal to many months of payments. Aside from the proof of my ability to pay, could my divorce documents be presented to my lender to accomplish my request? We currently own XXXX houses together, XXXX without any loans whatsoever, which my ex will be retaining, and making monthly payments to me. I own the one house mentioned above with a mortgage and HELOC as well as XXXX additional homes without any loans whatsoever. I 'm requesting assistance again due to new information and my inability to convince my lender that I 'm just as trustworthy as I was when I applied for my loans with my ex as co-borrower. I 've always made the payments without his assistance, but as mentioned, can prove I 've made payments for more than 4 years without his assistance. Any help you can provide is appreciated. I 've mentioned a couple of scenarios above that I 've run across while researching, but if there are other options that will help me achieve my goal, please let me know.

Company response to consumer: Closed with explanation