Consumer complaint received 2016-02-22
Company: PNC Bank N.A.
State: IL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Per the CFPB, " mortgage servicer must, in most cases, acknowledge receipt of a written information request or complaint of errors ( such as misapplication of payments, improper fees, etc. ) within five days and respond within 30 days. The 30-day period may generally be extended for an additional 15 days if the servicer notifies the borrower within the 30-day period of the extension and provides the reasons for delay in responding ''. I informed PNC that foreclosure proceedings should never have been stated in the first place because, per XXXX and XXXX XXXX a lender has to participate in loss mitigation program before they can start a foreclosure. Also per the the Consumer Financial Protection Bureau also has rules in place to prevent " dual tracking '' where a servicer is simultaneously evaluating a borrower for a loan modification or other alternatives while at the same time pursuing a foreclosure on the property. I was offered and agreed to loan medication foreclosure proceeding were stated anyway, which in in violation of the above mentioned agencies. PNC stated that my response package was not received in time. This was because XXXX XXXX of PNC stated that I need a copy of the actual check that I received every month. She did not informed of this until the end of XXXX meaning that copies of the actual check would be received until XXXX XXXX. This turned out to be false a pay stub/earning statement can be used. I had sent in copies of my pay stub prior to her telling me this therefore the bank has the copies in time they just chose not to use them. Finally, I notified PNC that I was charged the wrong interest rate 4.50 % instead of 4.25 % which resulted in a incorrect contract and payment and they still have not correct it. 
PNC and its agents has made my personal information public one again by starting this illegal foreclosure. They have gone to a place that I have not worked for in 6 years which they had not legal right to do. This was done even though they had no legal right to start a foreclosure and after a loan modification was signed and payments were made. 

All of the following became known to be through signed court affidavits and will be provided to your office upon request. 

On XXXX XXXX XXXX, of XXXX when to my FORMER place of employment. This was her first stop. ( She went there before coming to my usual place of abode. Even though I was not supposed to be served at any rate. ) I have not worked there in 6 years. They had NO legal right to go there. XXXX went there before on XXXX. ProVest was told on that date by my former employer that the ... '' THIS OFFICE DOES NOT ACCEPT OR CONTACT EMPLOYEES TO BE SERVED. '' " XXXX. Communication in connection with debt collection [ XXXX XXXX XXXX XXXX XXXX XXXX ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. '' In an effort to embarrass me and cause me stress XXXX when there again knowing that I no longer worked there. According to Federal and state law a person is to be served at their usual place of abode. " ... summons upon an INDIVIDUAL defendant 's shall be made ( 1 ) by leaving a copy of the summons with the defendant personally, ( 2 ) by leaving a copy of the summons with the defendant 's usual place of abode, with some person of the family or a person residing there ... '' XXXX XXXX XXXX XXXX XXXX XXXX ] Personal delivery to someone other than the person to be served is not adequate even then that person immediately redelivers the summons to defendant. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX " Usual Place of Abode '' A person 's usual place of abode is a question of fact. [ XXXX XXXX 'XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX

Company response to consumer: Closed with explanation