Consumer complaint received 2016-01-08
Company: Caneel Capital, LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Settlement process and costs

Complaint:
My home is being auctioned off by Trinity Financial LLC in XXXX XXXX, Ca. My loan with XXXX during the time I modified my loan during the year XXXX is period of modification. I had XXXX & XXXX loan. Representative of XXXX told me that XXXX was charged off & there 's only XXXX loan to pay. Once XXXX approved & modified my loan, few months later they notified me via mail the loan was sold to XXXX XXXX & would be servicing my loan now. I was told clearly by XXXX XXXX no longer existed since it was charged off. Once sold to XXXX I continued to pay ON TIME on mortgage payments. To my shock I kept receiving mail from investors and lawyers to help my save my home. I called XXXX they said they were not foreclosing on my home. I found out that this bottom feeder investor company Trinity Financial was foreclosing on my home. How is it legal for this company to foreclose on are home for the XXXX loan. They never notified me or gave me any warning they were foreclosing. Trinity said that we had by XXXX XXXX to contact them to resolve this matter. They requested my financial information which I complied gave them all they needed. Once they received my financial info & felt I ca n't afford to pay what they are asking they cut all contact and put a sale date to auction my phone off by XX/XX/XXXX. Trinity Financial had no intention to try and work with us they had full intention to foreclose and sale my home. There is this boom in Real Estate now where there are bottom feeder investors like Trinity Financial purchases charged off unsecured loans & sits on them for a few years if the house is upside down and wait till the market goes up & the home gains equity then they go after homeowners and I am a victim of this. Trinity Financial has NEVER made attempts to reach out to notify me that they purchased the loan. Do n't homeowners have the right to know who purchased the loan so they know who to make payments to. They sat on the loan for 2 years then they foreclosed then notified me & now are trying to auction my home. Trinity financial requested my financial info from me, made me believe they wanted to work with me. Come to find out they just wanted to see what we can afford then STOPPED all contact with me. When I called the office to speak to XXXX XXXX or XXXX XXXX I was told not to attempt to contact them. I would have to contact their lawyer XXXX XXXX XXXX which I did to confirm they received my financial info & thats when he stopped taking my calls. Not the attorney nor XXXX XXXX President of company nor XXXX XXXX the loss mortgage manager would speak to me. How am I suppose to resolve this if they wo n't speak with me. I personally wrote XXXX XXXX a letter asking to work me & received no response. They only option they gave me is to pay XXXX or home will be auctioned off. I hired lawyer to speak to their lawyer to resolve this & their lawyer wo n't respond to my lawyer calls. XXXX XXXX president of Trinity Financial prides himself on there website that Trinity Financial purchases assets or unsecured loan of pools of non-performing second mortgages with expectations of converting a high percentage to performing status. Trinity says it achieves this by BUILDING RELATIONSHIPS & WORKING CLOSELY W/HOMEOWhichWNERS through variety of workout options including modifications & settlements yet they 've done none of these w/me except have NO communication with me nor accept my calls to Trinity or their lawyer. Under the law ( XXXX ) requires party listed ( Trinity ) to validate the right & authority to foreclose before recording notice of default. I have reason to believe that Trinity has any legal right to collect loan payment & /or to initiate foreclosure/auction proceedings. Under Calif law, only " holder '' in possession of original endorsed note has legal right to auction home. Their in material violation.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation