Consumer complaint received 2015-04-16
Company: CITIBANK, N.A.
State: VA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
This complaint was delayed due to a major car accident in XX/XX/XXXX. XXXX XXXX referenced is attached, XXXX docs, XX/XX/XXXX-XX/XX/XXXX to show the corruption of my loan. A full detailed descript is also attached for clarification. On XXXX/XXXX/XXXX I purchased my XXXX acre horse property ; my loan - $ XXXX. In XX/XX/XXXX, my property valued $ XXXX, at foreclosure in XX/XX/XXXX, $ XXXX. It sold XXXX/XXXX/XXXX, $ XXXX. My home was never upside down ; Our $ XXXX/mos pymt do-able. I got XXXX in XXXX. In summary, I had XXXX forbearance plans ( all pd in full ) ; my loan mods always denied after. For 6+yrs were in loan mod, an approval in XXXX XXXX but Citigroup lost our paperwork & denied us. We sent endless credit reports, bank statements, insurance docs, etc. It was mentally & physically exhausting ; we avg 20+ hrs/week following up, re-explaining our situation/lost paperwork because lender reps were " transferred ''. In XX/XX/XXXX, we had $ XXXX equity in our home ; we could n't get a line of credit. XXXX HAMP applications = DENIED, all by XXXX XXXX XXXX. Citigroup made XXXX foreclosure attempts in XXXX yrs, all because we HAD $ $ $ equity. On XXXX/XXXX/XXXX, after 6+ year loan mod NIGHTMARE, XXXX said " a modification was n't allowed under the current Pooling Service Agreements ''. My attys repeatedly requested QWRs-NO RESPONSE. If we truly were in a financial " bind '' how 'd we pay $ XXXX/ $ XXXX/ $ XXXX in 24-48 hour periods when Citigroup demanded XXXX We had no choice, pay ( including " loaded misc fees '' ) or be " foreclosed ''. It was blackmail, but we did NOT want to lose our home!! At foreclosure my loan pymt coupon showed $ XXXX past due ( the $ XXXX payments we made still missing + $ XXXX in " OTHER '' unexplained fees ) ; we only owed $ XXXX. My house was taken illegally on XXXX/XXXX/XXXX by XXXX XXXX XXXX, WHO DID NOT EVEN OWN THE NOTE. Citigroup Global Markets gave XXXX a " loss note affidavit '' on my property XXXX/XXXX/XXXX. Our securitization audit ( SA, XXXX ) found, '' no recordation of the appropriate endorsements at the XXXX XXXX County, Virginia Land Records. The Deed of Trust & paperwork filed by Citigroup Global Markets XXXX XXXX IS N'T COMPLIANT w/the rqmt in the Pooling/Servicing Agreement. There are no dated endorsements on the copy of the PAY OPTION ARM note assoc. w/our Deed of Trust, violating the Truth in Lending Act, Sect.131 ( G ) ( SA, XXXX ), Citigroup 's " the appointment of Substitute Trustees filed by the lenders as authorized by borrower 's Deed of Trust is invalid & have been improperly filed in this case ''. Our Deed of Trust was entered in favor of XXXX ; our NOTE was entered in favor of XXXX XXXX XXXX XXXX ( note originator ). ( XXXX, XXXX ) says " if the Deed & Note ARE N'T together w/same entity, there can be no enforcement of the Note. The Deed of Trust CA N'T enforce the Note if each contains a different mortgagee. If the Deed of Trust is NOT a LEGALLY enforceable instrument, there can be NO VALID foreclosure on the Borrower 's property ''. Citigroup was never entitled to threaten foreclosures ; did n't have ownership to transfer our note to XXXX XXXX XXXX. This was done within 30 days of our final QWR demand ltr in XX/XX/XXXX, that they did NOT respond to. XXXX XXXX, pg XXXX ), " DUE TO THE HISTORY OF THIS NOTE, WE BELIEVE NOTHING SHORT OF PRODUCING THE ORIG NOTE WILL SUFFICE TO ACCURATELY CLARIFY OWNERSHIP OF NOTE & PROPER LEGAL STANDING. W/O 1ST HAVING PROPER OWNERSHIP OF DEBT, THE BANK CAN NOT INITIATE ANY COLLECTION ACTIVITY, LET ALONE FORECLOSURE ''. ( SA, XXXX ) found " THE NOTE HAS TO REFLECT A MIN. OF XXXX ENDORSEMENTS SINCE XXXX XXXX XXXX. XXXX DID N'T SELL THE LOAN DIRECTLY TO THE TRUSTEE, XXXX XXXX XXXX XXXX CO. IT FAILS TO MEET THE MIN RQMNTS OF THE POOLING/SERVICE AGREEMENT. '' Citigroup Global Markets XXXX XXXX is guilty of unethical lending practices, PURE harassment, theft of our $ $ $ & cover-up resulting in the illegal foreclosure of our dream home

Company response to consumer: Closed with explanation