Consumer complaint received 2017-10-18
Company: Caliber Home Loans, Inc.
State: NH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
IT IS MY ASSERTION, BASED ON THE FOLLOWING FACTUAL INFORMATION THAT CALIBER HOME LOANS VIOLATED MY RIGHTS AS A CONSUMER, BORROWER AND MORTGAGOR, VIOLATING THE COVENANTS IN GOOD FAITH AND FAIR DEALING, RESULTING IN LOSS OF MY CONTRACT. 

1. On XXXX/XXXX/XXXX, I received a letter from Attorneys representing the original lender stating You are listed as a Borrower, but did not sign the Mortgage. 

2. On XXXX/XXXX/XXXX, XXXX XXXX made the attached order to Reform Mortgage to include myself, XXXX XXXX, as Mortgagors and Borrower. This judgement allowed for me to discuss MY mortgage, apply for modification, using my current financial information, receive receive assistance from a HUD approved housing counselor and any/all foreclosure prevention and alternatives. 

3. While XXXX, my services, exhibit bad-faith conduct in failing to properly consider an application for a loan modification, forcing me over the years to submit application after application, never receiving a definitive answer. Ultimately, having to seek the courts intervention to enjoin the mortgage. I was given a figure of {$1700.00} as a mortgage payment via court order on XXXX/XXXX/XXXX ( see attached court order ). 

4. On XXXX/XXXX/XXXX correspondence was received from my servicer, XXXX, stating PMI s insurance is no longer required and there will be no further premiums or fees due. I repeatedly tried to contact XXXX to ask if I deduct this amount from the {$1700.00} and received no response. 

5. On XXXX/XXXX/XXXX, correspondence was received regarding notice of SALE OF OWNERSHIP OF MORTGAGE LOAN from Caliber Home Loans , INC . The letter statedCALIBER IS THE SERVICER OF YOUR LOAN. The letter instructed that ; IF I MAKE A MONTHLY PAYMENT LESS THAN THE FULL AMOUNT THAT IT CALLED A PARTIAL PAYMENT. PARTIAL PAYMENTS WILL BE ACCEPTED AND REQUIRE THE SERVICER TO APPY THEM TO YOUR LOAN. 
My partial payment of {$1400.00} was returned to me, making Calibers  assertion of accepting partial payments and requiring the SERVICER to apply them to the loan FALSE AND MISLEADING. 

6. I continually tried to contact Caliber Home Loans, to rectify the situation immediately. Calibers first response, not addressed to myself, stated that Caliber, is honoring my request to my SERVICER, to cease and desist communications. I never requested this of XXXX and Caliber offered no documents supporting the cease and desist. 

7. On XXXX/XXXX/XXXX, I was finally able to contact a representative via telephone, from Caliber, who said while she unable to discuss my mortgage with me, stating I am not the BORROWER, she was referring me to customerresolutions @ caliberhomeloans regarding Caliber Home Loans, Inc, continued refusal to communicate with me regarding my mortgage and foreclosure alternatives. 

8. 7. Correspondence was received via XXXX on XXXX/XXXX/XXXX from Caliber, stating a customer has the right to submit a written notice of ERROR to the SERVICER of their Mortgage 9. On XXXX/XXXX/XXXX, after the foreclosure, correspondence was received from Caliber, acknowledging receipt of my correspondence, and that Caliber would perform the necessary research and respond within the time period required by LAW.?? 
CALIBER FORECLOSED ON MY HOME WITHOUT PERFORMING THE NECESSARY RESEARCH AND RESPONDING AS REQUIRED BY LAW. ANOTHER FALSE AND MISLEADING STATEMENT. 


Reasonableness should be shaped by identifying the " purposes of the contract, '' the parties expectations, and " community standards of honesty, decency, and reasonableness. '' CALIBER simply exercising the discretion to foreclose may be evidence of bad faith, while ignoring the COURT ORDER NAMING ME as both BORROWER AND MORTGAGOR, refusing communication, counseling, prevention and alternatives to foreclosure, resulting in loss on my contract and impending homelessness for myself and my sons.

Company response to consumer: Closed with explanation