Consumer complaint received 2015-11-12
Company: Residential Credit Solutions, Inc.
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
RCS Loan # XXXXInvestor - XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX XXXX, CA XXXX XX/XX/XXXX XXXX serviced this loan for XXXX XXXX. A Notice of Default and then a Notice of Trustee sale were filed. The sale date was set for XX/XX/XXXX at XXXX. XXXX called our clients and told them that they were required to move out of the property prior to the foreclosure auction. Unfortunately, our clients did XXXX they actually left the state ). I am assuming you can guess what happened next .... XXXX cancelled the auction and did not notify our clients. Our clients have believed for the last 6 years that they did not own the property. Our clients contacted us for help in early XXXX when they received a document from RCS that they were now servicing their loan ... .. and to their surprise ... they still owned the condo. 

On XX/XX/XXXX we submitted a Short Sale Package was submitted to RCS. 

On XX/XX/XXXX XXXX at RCS stated the commission must be reduced to XXXX % and they will not pay back HOA. 

On XX/XX/XXXX we spoke with XXXX again. He said that the investor is refusing to pay business tax, refusing to contribute anything towards HOA, and they will not pay HOA transfer fee. XXXX claimed that the investor, XXXX XXXX, will not contribute towards past HOA dues stating " They should have been paying while they lived there, and instead they kept taking money from the government and got to live there for free ''. XXXX said we must provide corrected HUD in 7 days or will be closed. 

XX/XX/XXXX - RCS sent us an approval letter cutting the commission to XXXX % and declining to pay back HOA. 

There are several issues with RCS .... 

1 - We have already spoken to XXXX XXXX and they have confirmed they pay XXXX % commission in a non-dual agency short sale. 

2 - RCS is syphoning off the XXXX % commission and keeping it for themselves3 - the CFPB has already caught them committing servicing fraud ( see # XXXX above ) and recently fined them for this same thing. 

4 -The homeowner was forced out of their home by the servicer. The sellers moved out of state due to being forced out of their home - due to the actions of the servicer. This injures the investor, seller, community and the HOA. 

5 - XXXX and RCS have been running a zombie foreclosure since forcing the sellers out of their home. 

6 - the HOA fees resulting from the servicers actions top {$18000.00} over the last 6 years that our client did not know they owned the property. ( The property has been vacant all that time. The sellers were XXXX after moving out, and the HOA had no forwarding information. ) 7 - Commissions and fees typically paid by XXXX XXXX are being thrown out and XXXX XXXX at RCS stated that " if you do n't like it too bad - We will just cancel the file ''. 

8 - XXXX stated " They should have been paying while they lived there, and instead they kept taking money from the government and got to live there for free ''. ( ( Is he accusing an XXXX military member of committing FRAUD against their own employer-the XXXX? ) ) 9 - BOTH SELLERS are XXXX MILITARY!!! 



I find it interesting that RCS chose today - XX/XX/XXXX - to send an approval letter that spits in the face of the very people that have served, given, and dedicated their lives for the freedoms we enjoy in this country. 

Enjoy yet another CFPB complaint ... and Happy XXXX XXXX RCS!

Company response to consumer: Closed with explanation