Consumer complaint received 2015-04-13
Company: JPMORGAN CHASE & CO.
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
Due to the recession I was unable to pay my mortgage. My lender is XXXX & Chase was the servicer. I contacted Chase for help & made several attempts at getting a mod approved. All my attempts were met with opposition from Chase & while I worked hard to get a mod Chase was simultaneously working just as hard to foreclosure, even though they did not have my note. At one point I was given a trial payment of $ 2300.00/mth, & even after the trial period was over I continued to make the payments, but the loan mod never came. I eventually hired an attny to help in getting Chase to mod my loan. The attny took my money, did little or nothing for me & was later disbarred. To demonstrate my ability & willingness to pay, I made monthly payments based on the amount that appeared on the notices that I received each year my loan adjusted, usually approx $ 800.00/mth. I was later told by one of Chase Reps that it did not really make sense for me to continue paying because that money was just going to a suspense account & would eventually be lost as they were not approving me for a loan mod. While I was still trying to get Chase to modify my loan, they set a sale date, and in order to stop the sale I had no choice but to file a ch.XXXX BK, with hopes of getting a mod during the BK. Due to my lack of knowledge and understanding of the BK process & paperwork, I did not realize that the BK attny surrendered the same home that I filed BK to keep. I contacted Chase regarding applying for a mod again during the BK period & was told that I needed a letter from my BK attny in order for them to speak with me. I got the letter but they did not speak with me until the BK was discharged. I was working with the rep at Chase to get a mod on one hand, while on the other hand Chase was setting another sale date. I now understand that this is called DUAL TRACKING, when they pretend to be helping you while at the same time continuing to foreclose or sell your property. Chase did this during the entire time I was trying to get a mod. The representative at Chase told me that I was preapproved for the mod and that she needed XXXX correction on my P & L. She told me that she requested their attny to stop the sale, allowing me to complete the mod. In getting the corrected P & L to her, I was not allowed to send it by email, I had to fax it to the rep. Each time I faxed the P & L and called to find out if she had received it, I would not get a call back and it would be XXXX to 3 days before I would catch her on the phone only to be told that she did not receive it. This scenario went on & on, faxing repeatedly, which was very stressful & frustrating. Prior to the sale date, I went to the court to make sure that the bank 's attny had filed a motion to stop the sale and to file my own motion for an emergency hearing for the judge to stop the sale and allow time for the mod process to be completed. When I got to the court, I found that the bank 's attny did file a motion to stop the sale, but the judge had stamped the order " HEARING REQUIRED '' & the sale was not postponed. I filed my own motion for an emergency hearing but the judge did not allow an emergency hearing, instead he stamped my order " HEARING REQUIRED '' as well and allowed the sale to take place. After the sale, not realizing that I should have filed an objection to the sale, instead I filed a motion to vacate the sale & the judge denied it. The property was taken back by the lender, XXXX, and I have been fighting to get the sale vacated so that I can complete a mod ever since. Because my chXXXX BK was not done in my favor, I had it dismissed and have recently refiled. The attny for XXXX has now gotten the judge to order a Writ of Possession even though I am in active Bankruptcy, & have also set a hearing in BK court to lift the auto stay.

Company response to consumer: Closed with explanation