Consumer complaint received 2015-09-23
Company: FCI Lender Services Inc.
State: GA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
This has been an ongoing issue as I have been trying to obtain a loan modification from the company FCI Lender Servicers , Inc. since being transferred to the company for almost a year now. I originally completed a loan modification application through a XXXX Counselor XX/XX/XXXX before my loan was transferred from XXXX XXXX XXXX XXXX XXXX. However, XXXX violated federal servicing laws by not transferring my loan modification information. Fast forward to now, I already have a complaint on file, and now forced to file an additional complaint as the company continues to deny my request for loan modification. I understand a company may choose not to work with a customer, but in choosing not to work with the customer, they should never create and document false information in order to justify that cause. 
During the month XX/XX/XXXX I made another request for loan modification. In all this was the third attempt to receive a fair loan modification from FCI, the listed servicer, as well as its apparent managing company, whose name is actually listed on the assignment : XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX Trust as trustee of the Residential Credit Opportunities Trust. As they quickly denied my request for loan modification application, they sent me a letter stating that they received my " complete Loss Mitigation Package '' and some figures they worked up. I sent only a request to proceed with my updated documents and income information. I never sent a complete " Loss Mitigation Package '' because I would need to know exactly what documents they wanted. As well they would need my updated bank information etc ... Per FCI 's appeal process I responded with this letter in part : This letter is to appeal the decision that has been presented on the letter dated XX/XX/XXXX regarding the request for loan modification. 
The request was made on the perspective dates as stated, but I never sent to your office a " complete Loss Mitigation Package '' as stated in the letter dated XX/XX/2015. It appears that your department did not forward the necessary response to my request and subsequently stated that the department received documents from me that I never sent. As a result it appears that the Loss Mitigation Department re-pulled old information and did not allow me to send updated documents clarifying information in order to properly conduct a review of my updated income and present a true determination. 
I am submitting this second complaint to CFPR because I simply can not sit back and let this company or companies continue this process of violating my rights and the Fair Debt Collection Practices Act, Section 2605 of Title 12 of the United States Code and the XX/XX/XXXX Federal Law requiring mortgage servicers to follow through with loan modifications before pursuing foreclosure action. As well I was never given a chance to submit documents XXXX Loss Mitigation Package ) nor complete a loan modification application before being denied.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation