Consumer complaint received 2017-01-06
Company: EVERBANK, NATIONAL ASSOCIATION
State: VA
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
I submitted an initial complaint accusing EverBank Mortgage of committing predatory lending in XX/XX/XXXX on a second mortgage or home equity line of credit ( HELOC ) and of committing fraud on their current handling of the loan. EverBank responded to my complaints. XXXX continue to take issue with their responses to the following : * In my complaint I state that the EverBank Home Equity Line of Credit ( HELOC ) or second mortgage should have been dismissed in my Home Affordable Modification Plan XXXX HAMP XXXX. EverBank responded by saying that it should NOT have been dismissed in my HAMP because it was not a part of the first lien on my home ( see pg. XXXX paragraph XXXX ). However, according to the Making Home Affordable website, " If your first mortgage was modified under the Home Affordable Modification ProgramSM ( HAMP ( R ) ) and you have a second mortgage on the same property, you may be eligible for a modification or principal elimination on your second mortgage through XXXX '' ( https : XXXX ) *I also stated that since the Everbank loan should have been included in my HAMP, the loan should be dismissed. EverBank stated that they can not dismiss the loan because it was not able to be included in the HAMP and because of the repayment plan agreement I am responsible for HELOC debt. ( see pg. XXXX paragraph XXXX ) * In my complaint I indicated that EverBank is reporting to the credit bureaus that the HELOC is charged off and closed even though we set up a repayment plan on the same account under the same account number in XX/XX/XXXX EverBank cites the repayment plan in their response ( see pg. XXXX paragraph XXXX ). 
*EverBank continues to report this account as charged off and closed to the credit bureaus without reporting that we agreed to a settlement on the account for a lesser amount under the same account number. EverBank attests to this in their response ( see pg. XXXX paragraph XXXX ). 
*EverBank is not reporting the monthly payments that I am making on this account and that that they will NOT report my monthly payments to the credit bureaus. They will only report when I have paid the total balance of the modified repayment arrangement in full ( see pg. XXXX paragraph XXXX ). 
*In my complaint I also stated that EverBank was not providing monthly statements for payments that I am making on the account. EverBank stated in their response that they are not able to provide me with monthly statements as the account is no longer an active account ( see pg. XXXX paragraph XXXX ). 
This takes me back to my initial complaint. EverBank admits to reporting to the credit bureaus that the account is charged off and closed. EverBank admits to not reporting my monthly payments on this account to the credit bureaus. EverBank admits to not providing me with monthly statements and that they are not going to provide statements. EverBank admits that they consider this account to be not active, but they want me to make monthly payments.

Company response to consumer: Closed with explanation