Consumer complaint received 2023-02-16
Company: SW Linear Investment Group, LLC
State: MD
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage

Complaint:
I am writing this letter to explain my unfortunate set of circumstances that caused me to become delinquent. I have done everything possible to make ends meet but fell short due to income. 

My hardship began in XXXX. The main reason I felt short was due to medical complications that have put me in a disabled position and I am now waiting to see if I will receive social security disability where I suffer from ( XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) I had a major XXXX on my hand that exhausted all paid time off. This resulted in no income but being committed to my obligations I withdrew from my retirement savings to stay on top of payments. 

I was in an adjustable rate loan that increased my payments from {$260.00} to {$640.00}, which was a huge jump for me with no income causing me to get further behind. I was receiving additional income of child support that stopped which helped make the partial payments I was making to XXXX. 

I applied for a modification using my husbands income. During this process I received a letter stating it was charged off as a bad debt because I was making partial payments. 

My situation has improved based on my husbands income increasing and we feel that with your help in keeping our home that you will consider giving us a modification with a fixed rate. 

Historically, XXXX charged off the balance due to me making partial payments in XXXX. My loan was a interest only loan. 

In XXXX, XXXXXXXX XXXX sent me a letter to foreclose on my home after 4 years of no one having my loan and being charged off by XXXX. My balance was $ XXXX. XXXX XXXX XXXX also show differently of when it was recorded in XXXX. 

XXXX XXXX, with XXXXXXXX XXXX retroactively added interest from XXXX to present, late fees, legal fees to my XXXX mortgage which put it in a first lien position to be able to foreclose my home in the amount of $ XXXX. XXXX added on $ XXXX of fees and interest. 

According to your CFPB, once the loan is charged off you can not go back and charge interest when the loan gets sold I have submitted a loss mitigation packet based on his loan amount that exceed my first mortgage. I was denied due to income. XXXX is now forcing me to pay off the loan with him in 45 days. He stated that he would remove all fees and added interest bringing the loan back to $ XXXX. If he is able to do this why wont he do the modification based on $ XXXX? He stated in the attached email documents attached of his plan. 

XXXX has conducted very unprofessional behavior as he taunts XXXX XXXX XXXXXXXX XXXX. ( see emails attached of his rude and abrupt behavior and makes it very difficult to work with ) threats, disturbing vexatious acts, and condescending remarks. 

He has now sent to his attorneys to start the process of foreclosure if I do not come up with the agreed amount of $ XXXX in 45 days or he will go back to the original amount of $ XXXX so that he can foreclose on my home. Again, this is where the fees put my XXXX mortgage in 1st lien position. We have requested explanation to no avail of a response of how he added interest from XXXX to XXXX.

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