Consumer complaint received 2016-02-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
My home has been subject of a foreclosure proceedings. I have tried on several attempts to prepare and input a mortgage modification to my lender, Capital One. The first time I did was back in XXXX of XXXX. They strung me along, having me talk to at least XXXX separate individuals, who kept telling me that my modification was in process. I had provided them with numerous pieces of information : XXXX statements, bank statements and XXXX separate modification packages. No one could help me or get their story straight. It was n't until XXXX XXXX, the friday before XXXX, when I called and got shuffled around for 20 minutes, only for the representative to tell me that my " Modification '' was denied back in XXXX XXXX ; with no further information! 
I then hired a law firm, who allegedly specialized in Foreclosure and Modifications. I spent over {$8500.00} for them to put me into Chapter XXXX with my wife and various payments plans, that went no where. In the end, the trustee dismissed the plan and gave the payments that I made ( in good faith ) to the attorney who filed the bankruptcy. 
Along that same time frame, I was expected to get a mortgage modification completed by the same firm, however they would n't communicate with the bank on a timely basis and whenever I called the bank, they told me that I was n't able to speak with them ... thus leaving me in the dark once again. 
I hired a separate firm to help secure the modification, they stated that they would bring my case to the executive level of the bank and about one month into the process, the Federal Trade commission shut them down ( XXXX ). 
I continued to try to contact Capital One, but they shifted me around -- telling me my file was in the bankruptcy department, when in fact, it was dismissed. NO ONE has given me any information on my file. 
It was then in XXXX of XXXX that I hired another law firm to handle the foreclosure and mortgage modification. This firm seemed more proactive, in that they sent numerous letters to Capital one demanding documentation on my behalf. Capital One responded to me stating that they were NOT authorized persons on my loan and could n't speak with them. I signed another letter stating that they were the authorized persons to speak with but nothing has happened. I continue to call the bank requesting a mortgage modification so that I do n't lose my home. I have a wife and XXXX children depending on me to protect our living space. 
Most recently, the attorneys for Capital one won a judgement that stated they, nor Capital One was at fault when they did in fact " sell my home at auction ''. They did so, while I was in Chapter XXXX! The judge ruled that no one was hurt by this and granted Capital One and their attorney 's the " go ahead '' to move forward with a XXXX sale, which is to be on XXXX XXXX at XXXX. 
I have had numerous calls to Capital One, who tell me that they can not provide information to me, only to my chosen attorneys. And when asked who those attorney are, on XXXX day, they told me it was my previous attorney XXXX XXXX. On another day, it was XXXX Each time I speak to a DIFFERENT representative that can not read notes and tells me the same thing, I need to contact my current attorney -- the XXXX Law firm. Then I called back, only to find out that they needed a new modification package -- this persona actually spoke to me and told me that neither XXXX, XXXX nor XXXX have sent in the proper information. So, upon downloading the information, filling it out for the 7th time, I resent it and called to verify they received it, only for them to tell me that my application has been denied and that the XXXX sale in on XXXX XXXX, XXXX!! 
Please help me get through to these unhelpful individuals and help me stop the sale on Monday! Thank you, XXXX XXXX

Company response to consumer: Closed with explanation