Consumer complaint received 2015-11-22
Company: CIT BANK, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Short and partial ( incomplete ) history of XXXX XXXX loans : -XX/XX/XXXX loans originated with XXXX ( XXXX and HELOC ) -XX/XX/XXXX HELOC to XXXX. 
-XX/XX/XXXX loan to Indy Mac Bank/IndyMac Bank Mortgage Services ( XXXX ). 
- XX/XX/XXXX loan was reconveyed by XXXX own so-called mistakes! ( No fault by XXXX ) ( Also XXXX made their own mistakes on HELOC and sued XXXX ) FDIC took over IndyMac. And XX/XX/XXXX OneWest Bank was founded to purchase the discounted loans. 
XXXX lawsuit OneWest Bank XXXX and XXXX XXXX ; regarding the mistaken reconveyance ( XXXX ). 
( OneWest Bank hires a new law firm ; and since XX/XX/XXXX XXXX XXXX XXXX XXXX, XXXX, is representing OneWest Bank ) And OneWest Bank bought HELOC to regain title to property XX/XX/XXXX! 

XX/XX/XXXX OneWest Bank XXXX was settled ; XXXX defaulted. 
All past due payments were deferred and case was dismissed by Court XX/XX/XXXX ; and the upcoming trial date vacated. 

XX/XX/XXXX ( incomplete ) 'Settlement Agreement ' : Incomplete, that is, without the required and several times requested " Loan Modification Agreement '' documents by OneWest Bank for XXXX ' XXXX loans : a ) XX/XX/XXXX 'Settlement Agreement ' between XXXX and OneWest Bank was signed . And ( b ) only a settlement memorandum was added ( signed by OneWest Bank, XXXX XXXX, XXXX VP ) The originator of the incomplete settlement documentation since XX/XX/XXXX is lead attorney, XXXX . XXXX XXXX XXXX, XXXX 

Note : OneWest Bank Mortgage Services, a div. of OneWest Bank, XX/XX/XXXX, MERGED WITH CIT BANK ; and became 'OneWest Mortgage Servicing, a div. of CIT BANK. 

And after many letters and requests regarding the 'incomplete'XX/XX/XXXX settlement agreement : The XXXX filed complaint with the Consumer Financial Protection Bureau ( CFPB ) XXXX/XXXX/XXXX. 

XXXX/XXXX/XXXX XXXX were notified by OneWest Mortgage Servicing/CIT Bank, XXXX XXXX that the 'Loan Modification Agreement ' ( XXXX ) documents were being prepared. And XXXX received the XXXX documents XXXX/XXXX/XXXX ; signed and returned to OneWest/CIT on XXXX/XXXX/XXXX. 

Note : On XXXX/XXXX/XXXX the counter signed loan modification documents were returned to us ... 

BUT the amended LOAN MODIFICATION DOCUMENTS HAD NOT BEEN RECORDED in California, XXXX XXXX County! 

We have been asking OneWest/CIT Bank a ) based on the loan modification agreement 's own verbiage which states on top of cover sheet : '' THIS MODIFICATION IS TO BE EXECUTED IN DUPLICATE ORIGINALSONE ORIGINAL IS TO BE AFFIXED TO THE ORIGINAL NOTE AND XXXXORIGINAL IS TO BE RECORDED IN THE LAND RECORDS WHERE THESECURITY INSTRUMENT IS RECORDED '' And b ) based on the Title Insurance XXXX Form XXXX, '' a title insurer will require that the following be satisfied : Receipt of ( 1 ) verification of recording of satisfactory modification of the deed of trust insured ( " Modification '' ) which modification has been properly executed by ( a ) the current record owner ( s ) of the Land, and spouses, if any ( b ) the current record owner ( s ) of the Indebtedness evidenced by the deed of trust ; and ( c ) the current trustee or substitute trustee of the insured deed of trusts ... '' NOTE : Yet we have received a formal notice from OneWest/CIT Bank, XXXX/XXXX/XXXX 'that they will not record the XXXX ( XXXX ) loan modification agreements. '

Company response to consumer: Closed