Consumer complaint received 2017-02-07
Company: Caliber Home Loans, Inc.
State: NY
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
In a process of applying for a loan modification with Caliber Home Loans we submitted by upload to their website all the documents we could provide that they required. This was in mid XXXX of XXXX. 
They requested a Quick Claim Deed from my former spouse to have her name removed from the original mortgage so that the modification could be just in my name. 
Because of the nature of the divorce, as I explained to Caliber, there were a lot of ill feelings and it would be difficult and possibly impossible to obtain the Quick Claim Deed and all subsequent documentation. They also requested we obtain from her a letter in writing explaining that she no longer lived at the residence and that she no longer contributed to my income. 
After weeks of process as my former spouse and I no longer communicate except through attorneys my former spouse agreed to sign the Quick Claim Deed though her Attorney advised that it be held in Escrow until Caliber released her from the Mortgage. 
A This point I immediately contacted Caliber and told them I had the documents. that it took time as I had predicted. At no time in this pre-process did anyone tell me about a 37 day restriction. Had I known that perhaps I could have encouraged my former spouse through her attorney and the process perhaps could have been sped up. As a matter of fact through multiple phone calls by me and many discussions including a few after they said it was too late now, did they refer to a date where they told me I only had 37 days, or 18 days left, or 6 days left etc. 
When last week I asked XXXX of their support staff on the phone why they never called me, or contacted me by mail, or phone call concerning this she said I still had a " dont call '' restriction on my account. On XXXX XXXX of last year I had sent in a fax removing that call restriction. They also have sent my Lawyer multiple items. Why then did they not as they claim they tried on several occasions to call me did they ; not leave a phone message to call send me an email saying they are trying to contact me send me a letter saying " hey time is running out please call us! '' Or even send a note to my letter stating " Hey we ca n't get ahead of your client by phone please have him call us! 
Under a CFPB ruling " Loss Mitigation Proceedures '' they did not use " REASONABLE '' diligence in obtaining or waiting for documents. 
I explained to them we were dealing with a politically sensitive situation with my former spouse choosing an alternative lifestyle and undue pressure could be possibly interpreted as prejudice. We had to walk on pins and needles in obtaining these documents and I continued asking them for patience and understanding in this process. About one week after the 37 day time limit which again I knew nothing about, all of our negotiating paid off and she signed all the necessary paperwork. I had even written a letter to XXXX of their Vice President asking for special consideration in this unique situation. 
We understand this is an extreme case and that it has been dragged out for years as I sought to prosecute the former mortgage company for their unethical and illegal activities in XXXX with thousands of other botched mortgages during that era. Caliber had the unfortunate consequence of purchasing this mortgage from this company as they successfully slipped off into the sunset. 
It only seems reasonable to me however that Caliber reconsider its foreclosure against my home and its sale on XXXX XXXX of this year and accept the Quit Claim Deed and allow the Loan Modification process to continue and be rightly determined. 
Our Forefathers which formed this country believed in the letter of the law. However they also believed there is times we should look at the spirit of the law and look harder at why the law was written and designed to control rather than what the law said. This is XXXX of those times!

Company response to consumer: Closed with explanation