Consumer complaint received 2022-01-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: LA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage

Complaint:
To Whom It May Concern : In XXXX I took out a Home Equity Line of Credit ( HELC ) on my home with XXXXXXXX XXXX  ( XXXX was later bought by Capital One ). 

The loan was paid off in XXXX. Capital One sent a letter on XXXX with the original loan documents stamped paid. While trying to get a new HELC in XXXX of XXXX, I discovered that the lien from Capital One had never been released. 

I looked up the original loan documents that Capital One sent to me showing the loan had been paid in full. 

I called the number on the cover letter sent from Capital One. It was still a valid phone number for Capital One. I called the number to try and get the lien removed. I was transferred several times and after an hour I was transferred to an office that was closed.

The next day I went to a local Capital One branch to get this straighten out. I explained the situation to the Capital One employee. She went back and spoke to someone on the phone. She came back with a note of the items that I needed and a XXXX XXXX XXXX. The list included the Mortgage Deed of Trust and all records ( if applicable ). I asked exactly what this was and the person could not tell anything about this item. Also, I asked for a phone number I could call after I mailed the items to confirm that they were received. She told me the number she called was for internal use only. I explained that the items on the list were all items that Capital One should already have in their records. She shrugged her shoulders and said I would need to send the items to XXXX XXXX she had given me.

I made another appo
intment at another branch of Capital One to see if I could get additional help. I met with the Capital One representative. She gave me a print out or the items that I needed to send to the same XXXX XXXX I had gotten the day before. I again asked about the Mortgage/Deed of Trust. I was told that this was a required item. I again asked about exactly what this was. She referred me to the document she printed out and said I could go to the local clerk of court to get this item. I asked if there was an e-mail address or fax number where I could send this information, instead of mailing it. She told me no, the information would have to be mailed to the XXXX XXXX she had given me. 

It is hard to believes that in XXXX the only way to communicate with a major bank is by mail. I could not even send the items by XXXX XXXXXXXX or XXXX since the only address I had was a XXXX XXXX XXXX 

I contacted my local Clerk of Court and got the complete record of the Mortgage/Deed of Trust on my home. 

Since I had no other way to get the items to Capital One, I sent it by priority mail. The Post Office confirmed that my package was delivered to the Capital One Box on Thursday XX/XX/XXXX. In the letter I sent to Capital One, I asked them to acknowledge receipt of my letter. I have had no contact from Capital One.

The Capital One expectation ( per the printout I was given ) was that if you did not send them everything ( paperwork that they should already have ), that the request would be considered incomplete and denied. If you did send them everything, they should already have it their file, then the request would be reviewed and processed within 15 business days. It did not say when the lien would actually be released and whether or not I would be notified when the lien had been released.

I expected the following from Capital One and they havent met these expectations : That the lien would have been released 10 years ago when it was paid off. Capital One acknowledged the lien was paid in the XXXX letter to me. 

That I would be able to make contact with Capital One by some other form of communication than the Post Office. I find it difficult to believe that this location of Capital One handling HELC do not have phones, e-mail addresses or fax numbers. Even a street address would have been helpful. Basically, I feel they made communicating with them as difficult as possible. I was simply looking for a way to get in contact with a real person that would take responsibility for releasing the lien on my home that had been paid off for 10 years They would show me the courtesy of acknowledging they had received the information that I sent to them. Each item they requested should have already have been in their files. 

I was able locate the original loan documents to show that the loan had been paid off. But since XXXX there have been several floods and hurricanes in XXXX XXXX. If my records had been destroyed in a natural disaster, would they never agree to release the paid off lien on my home? 

I want Capital One to acknowledge that the loan is paid off, have the lien released at the Clerk of Court and to let me where they are in each step of the process. The loan has been paid off for 10 years and I would appreciate it Capital One would have some sense of urgency in doing what they should have done 10 years ago. 

I have attached a copy of the various items I received from Capital One and items I have sent to them.

I would appreciate if someone, either your office or Capital One, would contact me about this.

Company response to consumer: Closed with explanation