Consumer complaint received 2016-05-20
Company: Phelan Hallinan Diamond & Jones, PC
State: PA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
On XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX secured a mortgage with XXXX Mortgage ; paragraph ( C ) lists " XXXX '' as acting solely as nominee. Paragraph ( D ) lists the lender as XXXX XXXX Mortgage Company only. 

On XXXX XXXX XXXX the bankruptcy court for case # XXXX, XXXX XXXX Mortgage Company, terminated any and all contracts made with XXXX This order would have terminated the relationship between XXXX XXXX Mortgage and XXXX acting as nominee. This order was final and dated XXXX XXXX XXXX. 

On XXXX XXXX XXXX XXXX XXXX, acting as assistant Secretary for XXXX and also as legal counsel for the foreclosing attorney filed a mortgage assignment transferring the mortgage from XXXX to XXXX XXXX Bank, NA, as Trustee for the sum of {$1.00}. Note paragraph XXXX of the filing outlines XXXX XXXX Mortgage Company as the Lender with XXXX acting solely as " nominee ''. The contract that would have allowed XXXX to continue to act on behalf of XXXX MORTAGE was terminated by a federal judge on XXXX XXXX XXXX. In additional to the assignment filing the first page of the assignment list the previous owner, XXXX XXXX, XXXX, as mortgagee and a deed that was also filed on XXXX/XXXX/XXXX lists XXXX XXXX XXXX and XXXX XXXX as legal owners of the property? 

On XXXX XXXX XXXX XXXX XXXX filed a petition for mortgage foreclosure on our property located at XXXX XXXX XXXX XXXX, PA XXXX. A Sherriff 's sale is scheduled for XXXX XXXX XXXX. 

On XXXX XXXX XXXX I applied for a mortgage modification with XXXX XXXX XXXX both via email and fax, please see attached documentation. I then sent a follow-up email on XXXX XXXX XXXX with the attached application and I have yet to receive a response. I have contacted XXXX and left several messages, none have been returned. As you are aware I applied for the mortgage modification within the allotted time outlined in the Dodd Frank Act. I applied for the mortgage modification more than 37 days from the foreclosure date as outlined in the Act. I am legally entitled to consideration as well as an appeal process and a list of alternatives that may be available to me. My foreclosure is still scheduled for XXXX XXXX XXXX and I have not been offered any alternatives nor has my application for assistance been processed. 

XXXX along with XXXX continued to act as nominee for XXXX Mortgage after the court termination of their contract. They fraudulently transferred mortgages to numerous lenders in an attempt to confuse the courts and then initiated foreclosure proceeding under their office. This action would have resulted in thousands of homeowners losing their homes due to the fraudulent actions of both the law office and XXXX 
In good faith I have been attempting to apply for a mortgage modification with XXXX. I have been denied on the basis that I do not own the said property. I have provided both XXXX and the law office with court recorded documentation listing me on the deed, note and mortgage of said property on multiple occasions. This is a clear violation of the Dodd Frank Act. Both XXXX and XXXX continue to act in bad faith and should be held accountable under the law.

Company response to consumer: Closed with explanation