Consumer complaint received 2022-04-18
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: WI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
We have been fighting a foreclosure suit that started on XX/XX/XXXX. In effort to keep this letter to a reasonable length. I am giving a simplified version of events of the past 10 years. 
We have had 6+ loan servicers in 10 yrs. I have learned some of these servicers are no longer in business. We have had constant confusion due to the changes in servicers. This includes lost payments, conflicting information, lies made by servicers, constant requests and denials of loan modifications. From guidelines I have read regarding mortgage banking guidelines in place, this is a classic case of unethical, fraudulent and illegal practice. We have a solid paper trail of proof of this activity. Our current mortgage servicer is XXXX XXXX XXXX XXXX XXXX # XXXX We have had several sales scheduled, even as the servicer indicated our loan modification was in process but they would not stop the upcoming sale. We were denied several loan modifications where they claimed items were missing even if I had proof they were sent. Hud intervened and stopped one sale being confirmed due to the fact this was dual tracking. We have had many errors with unrecorded payments due to a constant change in servicers. Payments returned to us. Interest and penalties charges that are more than the worth of our house at this time added on to our principal The most recent errors by in payments were addressed during bankruptcy. The attorneys for XXXX XXXX XXXX admitted were errors in recording payments on our Loan. 

We had forced lender placed insurance despite the fact we had our own insurance. We had a fire in XXXX and lost our shop where we had a wood business on the property and although all of the proper paperwork was complete and submitted to XXXX, they refuse to address this issue. The insurance adjuster that cam to our home to inspect reported this as a total loss. We have received no compensation or explanation as to why they just ignore our claim. The insurance man that inspected the fire for the XXXX placed insurance said this fire was a total loss and XXXX would be compensated. But XXXX and their attorneys refuse to discuss this issue or compensate us for the loss. 

Most recently we sold the home to get free of XXXX XXXX service in XXXX of XXXX XXXX Bankruptcy was dismissed XX/XX/XXXX. We were then going forward with the sale and had a signed purchase agreement with all paperwork completed on XX/XX/XXXX with buyer. Closing was set for XX/XX/XXXX. 

On XX/XX/XXXX, We received a copy of a " Notice of Confirmation of Sheriff Sale '' The Attorney for XXXX XXXX XXXX had went back to XX/XX/XXXX & confirmed a previous sheriff sale that we did not know took place. At this time in XXXX and XXXX of XXXX we were again in process of a loan modification and XXXX told us this was being reviewed. We were reassured by XXXX that this would stop the process of the sale going forward We were shocked when this letter arrived that our house sale of XXXX of XXXX had been now confirmed and when we got the notice of this, the hearing was finished. So in XXXX of XXXX with no notice that the attorneys for XXXX XXXXXXXX XXXX were pursuing confirmation of this sale, At this same time XXXX was providing us with information for payoff amounts and getting this information to the title company for the closing date of the home sale. XXXX is giving us options of help with Covid relief and gathering information for our sale to be completed and never said anything about there being a problem with the loan or that their attorneys were confirming and older sale so they could then evict us from the property. 
The XXXX is shown to have won the auction bid at this 2 year old sale. I have searched to verify that the sale took place on XX/XX/XXXX with no success. XXXX had stated during XX/XX/XXXX he modification was complete but being reviewed at this time. So there would not be a sale The recent notice of XX/XX/XXXX says the bank was the buyer and they were the foreclosing lender. A huge point here is we were not notified that they were going ahead with Sale Confirmation on XX/XX/XXXX at XXXX XXXX  until after it was done. 
The court summary from XXXX XXXX reads that we did not appear. We would have appeared if we were notified. I did some research on the letter sent to us late to notify. The US postal service website indicates that the letter arrived for mailing on XXXX, XXXX, XXXX @ XXXX XXXX and indicates delivered to our mailbox on XX/XX/XXXX @ XXXX XXXX. The attorney postmarked the envelope in the office on XX/XX/XXXX with an in office postage meter but did not sent until XX/XX/XXXX. It had a certified mail tag attached and this was not properly sent certified mail as this tag is still attached and no one asked us to sign. The procedure for certified mail is the sender must go in to post office attendant and get a receipt so they can verify mailing date. This contradicts this law : Universal Citation : WI Stat 846.165 ( XXXX through Act 45 ) I simply do not understand how this can happen. Suddenly we no longer own our home? We obviously had to cancel the closing on our sale because suddenly with no warning, we were not owners. We are devastated, we were days away from freedom from this lender and Servicer and now simply lost everything. This is also where I have my small business in the home and all of my business inventory is here on the property. I will also be unemployed because I will not have the time or space to relocate my wood tools and inventory. I have horses, and several small animals that will have to be relocated. We have tried very hard to talk to someone to negotiate along with our attorney. 

My Attorney as well as ourselves have hours of calls and emails to try to talk to anyone from the the all elements of XXXX XXXXXXXX XXXXBank of New York Mellon including XXXX XXXX  XXXX in CA, XXXX XXXX  XXXX XXXX XXXX and also Attorney XXXX at XXXX & XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX both firms in IL. Not one person from any office will respond. We wanted to negotiate a payoff for this home. They started the eviction process and we will be given only days to leave our home of 30 years. We have financing and cash in accounts to settle and in XXXX we were about to settle this after 10 years and pay the home off and be finished with this lender. But no one will listen, answer calls or messages or even let us pay this off.

Company response to consumer: Closed with explanation