Consumer complaint received 2017-08-28
Company: Caliber Home Loans, Inc.
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In approximately XXXX, XXXX XXXX granted my XXXX, a XXXX XXXX XXXX retired widow on a fixed income, a {$270000.00} XXXX mortgage with no escrow account. Unable to pay the mortgage, property taxes, insurance, utilities, repairs/upkeep and prescription drugs, foreclosure was threatened. I became my XXXX XXXX of Attorney, assisted with the Modification, which was granted in XXXX. A XXXX XXXX Deed added my name to the property, and regular timely mortgage payments were made. 

My XXXX passed away on XXXX XXXX, XXXX. XXXX XXXX was notified of her death. XXXX XXXX claimed there was an {$8000.00} escrow shortfall due to the redemption of property taxes that had occurred prior to the XXXX modification. We believe this amount should have been included in the XXXX modification. The monthly payments were increased, a tenant moved out, major repairs were necessary and in late XXXX or early XXXX, the mortgage was in arrears, having become, once again, unsustainable. 

Sometime in XXXX XXXX, XXXX XXXX retained XXXX XXXX XXXX, XXXX. to pursue foreclosure proceedings. Their Special Process Server ( XXXX XXXX, XXXX XXXX ) claimed that on XXXX XXXX, XXXX, at XXXX p.m., he served a XXXX Woman, with brown hair, aged XXXX, who was XXXX XXXX XXXX in XXXX XXXX XXXX inches tall. My Illinois XXXX drivers license states that I am XXXX ft XXXX inches tall, and XXXX XXXX XXXX as of this writing. Im actually XXXX feet tall. I was never served. Hes never seen me and Ive never seen XXXX XXXX. 

On XXXX XXXX, XXXX, I was residing in an apartment complex with XXXX units in XXXX buildings with identical apartment numbers in the XXXX and XXXX towers. The affidavit does not state an apartment number where the affidavit was served. I was never served. 

After receiving correspondence from XXXX XXXX, the modification and assumption process began, I submitted the paperwork and made XXXX trial period payments to XXXX XXXX. I then received a letter stating that the servicing of the loan had been transferred to XXXX XXXX Loans, I made the third trial period payment ( ATTACHED ) to XXXX XXXX Loans. 

The terms of the modification offered by XXXX XXXX Loans were very different from those being offered by XXXX XXXX. 

XXXX XXXX received a letter dated XXXX XXXX, XXXX, from XXXX XXXX Loans, notifying her that, effective XXXX XXXX, XXXX the mortgage loan had been sold to XXXX Master Participation Trust. ( ATTACHED. ) XXXX XXXX modification/assumption agreement principal balance was {$120000.00} with a maturity date of XXXX/XXXX/XXXX. XXXX XXXX Loans principal balance was {$130000.00} with a maturity date of XXXX/XXXX/XXXX ; {$12000.00} and 7 years/7 months was added to the life of XXXX XXXX Loans offer. Fair property value on comparable values at that time was {$96000.00}. 

Simultaneous with the assumption and modification process, there was a claim filed because of major weather/water damage that had occurred in the spring of XXXX. XXXX XXXX decided that they wanted to manage the funds from the claim, and before a claims check would be mailed to pay the XXXX, I would have to make a trial period payment. I am including a worksheet that shows the events of the modification, and claim. 

The repairs took XXXX seasons Spring through Fall. The repairs should have taken XXXX days. 

XXXX of the many questions I had was whether the assumption or the modification occurred first. I was reassured when I was told by a XXXX XXXX representative that the modification would not have been approved without the assumption occurring first, which seems appropriate since a deceased person can not enter into a contract. 

XXXX XXXX Loans stopped giving me information on the mortgage, claiming I was not an authorized borrower on the mortgage and that XXXX XXXX had not transferred the authorization for me to receive notification/information on the loan. 

XXXX XXXX Loans began sending correspondence to the XXXX of XXXX XXXX. 

Im not sure why, but some company began posting vacancy notices on the door of the property XXXX XXXX. ) That property has been occupied by my family since XXXX, and continues to be. 

The foreclosure proceeding was resumed. I was NOT NOTIFIED. 

XXXX XXXX XXXX representatives began telling me that I needed to proceed with XXXX. There is no will. The intent of the XXXX XXXX was to avoid XXXX. XXXX XXXX Loans did, however, stress that they participated in the XXXX Hit XXXX, and I might qualify for this program. I was dismayed, since XXXX XXXX had allowed me to enter into a modification program, make trial period payments, gave me all the information about the loan that existed, communicated with me about the property damage claim that occurred in XXXX, XXXX and continued through XXXX, XXXX. 

Working with XXXX XXXX has been painful. The mortgage crisis impacted property values in our area and for my family in a manner that we have not recovered from, although a large percentage of the country has recovered. The property is located in a minority community. The impact of the mortgage crisis has had long-term and far-reaching effects. XXXX XXXX business practice continues to impact us negatively. 

I have no idea if anything can be done to assist us/me because XXXX XXXX XXXX XXXX, XXXX XXXX court date was to approve the sale of the property. The foreclosure was approved XXXX XXXX, XXXX. 

I have lived with the failure of the modification/assumption, and XXXX XXXX Loans refusal to give me information, for many sleepless nights and for months. In XXXX XXXX, after learning that XXXX had resumed the foreclosure process. I hired an attorney in an attempt to Quash the Special Process Servers claim that I was served. Although an affidavit was filed, refuting the Process Servers claim, the XXXX in the case denied the motion ; an appeal is underway to reverse the XXXX ruling. In the mean time, there is a good chance we will lose our home. 

I have no idea what, if anything can be done regarding our situation. XXXX XXXX, XXXX XXXX Loans and their investors prey on consumers. Their reputations in the industry are not positive. XXXX XXXX has engaged in various unethical practices involving mortgages, opening unauthorized accounts and escrow accounts, and both companys employees have been under investigation for a considerable amount of time https : //caliber-home-loans.pissedconsumer.com/complaints/RT-P.html https : XXXX? XXXX I made XXXX trial period payments, in good faith, only to be told that the mortgage had been transferred, at which point the process fell apart. I have spent a great deal of money on repairs to the property and to address the claim. 

I need your help. Please review the attached documents, and advise if there are any options for us. We wish to keep our property.

Company response to consumer: Closed with explanation