Consumer complaint received 2023-06-29
Company: Aspen Yo LLC
State: MI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My mortgage company Gregory Funding conducted a wrongful foreclosure sale on XX/XX/XXXX. Gregory Funding engaged in unethical servicing practices, sent conflicting correspondence and failed to properly notify me of the foreclosure sale date. I contacted the law firm XXXX XXXX to find out when and how they notified me of sale, and they claimed that all procedures and steps were followed in regards to the foreclosure. However, I never received notification by mail, notification by personal service nor did I ever see or receive any " posted notice '' on my property. I live on a very large lot and there was nothing attached to my door, and there was never any posted document in any area on the property that we saw. I have requested that their office or whomever was hired to serve me Notice of Default and Notice of Sale provide documents and evidence that prove that I was properly served. I had absolutely NO IDEA that my home was set for foreclosure sale on XX/XX/XXXX. In fact I was sent a letter from Gregory Funding on XX/XX/XXXX ( attached ) titled " Delinquency Notice. " In the bottom paragraph it states " Foreclosure : We have made the first filing or notice required in your state to start the foreclosure of this account. '' Yet seven days later Gregory Funding conducted the illegal foreclosure sale. I was completely unaware that the home was set for foreclosure sale date, I was NEVER notified by Gregory, the law firm or the Sheriff of this sale date on XX/XX/XXXX. At the time of this foreclosure sale I had been led to believe that I was in active review for a loan modification based on the change in my financial circumstances. 

I have owned my home for 21 years and live in the property with my wife and our XXXX XXXX XXXX XXXX XXXX son. We began struggling with our mortgage payment due to Covid and I reached out to Gregory in XX/XX/XXXX to see if there were any programs available to help families financially impacted by Covid. I was told by Gregory that there were no available programs and that I had to figure out a way to pay. Gregory did not offer a forbearance or any type of help as required through the CARES program. As we fell further behind I continued to reach out to Gregory and eventually we were offered a plan to get back on track with our mortgage that required a lump sum upfront payment of {$7500.00} and then modified payments of {$1200.00} per month. Although appreciated, I was on temporary leave from work when that plan was offered due to XXXX XXXX and I could not make the lump sum payment. I contacted them for an extension, but was told that was not possible. 

I was finally able to speak to someone at Gregory in XX/XX/XXXX and told them that I was back working full time and that we had a change in our finances and they sent out a packet for our family to be reviewed for a new modification. I sent in the requested documents to Gregory Funding. I did not receive any paperwork regarding a Notice of Default, a notice of acceleration and most certainly no notification of a foreclosure sale date. I continued to send in documents in an attempt to get Gregory to offer a modification but Gregory dragged out the process and the current and correct financial circumstances and ability to pay were never reviewed by Gregory. Gregory continued to send out mortgage statements in XXXX and XXXX ( attached ). And of course I have the letter dated XX/XX/XXXX stating that Gregory had just made the first filing in my state for foreclosure. This document calls into question the legality of the foreclosure sale that was conducted on XX/XX/XXXX. Either this is an illegal foreclosure or Gregory sent out correspondence that intentionally misled me to believe that the foreclosure was in the early stages.

Company response to consumer: Closed with explanation