Consumer complaint received 2020-01-21
Company: LAND HOME FINANCIAL SERVICES
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I purchased my home in XX/XX/XXXXwith a first and second combination mortgage to XXXX XXXX   XXXX XXXX. The first mortgage is current. Both mortgages were permanently modified while serviced by XXXX under HAMP in XX/XX/XXXX. The second mortgage payments were reduced from {$760.00} to {$520.00} and the balloon was eliminated. The modification agreement states that in the event of any conflict with the original Note and the modification, the modification controls. In XX/XX/XXXXa company called XXXX XXXX allegedly purchased the second mortgage and hired Land Home Financial Services to be the servicer. XXXX was just formed in XX/XX/XXXX. Land Home sent demands for payments of {$760.00} despite the modification and ignored all my requests to correct/validate the debt under FDCPA. They have no capacity to service mortgages. I have recordings of my conversations and emails. I told them I would pay if they proved they had the right to collect the debt and collected the correct amounts. They refused to listen even though they had a copy of the modification ( see Exhibit E to Lender 's Affidavit attached ). Land Home sent strangers to my house, who would be outside taking pictures, walking across my lawn and posting notes on my door. In retaliation for my QWR of XX/XX/XXXX, they acknowledge receipt in writing but started foreclosure proceedings on XX/XX/XXXX. They lied in the Notice of Hearing that was filed to start the non-judicial foreclosure action and wrote that I had not submitted a written request in the past two years. On XX/XX/XXXX, the attorney that was the trustee 's attorney and had switched hats to become the lender 's attorney sent a letter responding only to two questions on my QWR. He said additional information would be coming but it never did. In the foreclosure hearing that occurred in XXXX, XXXX through its servicer Land Home Financial submitted an affidavit swearing as true and correct, a fraudulent payment history ( See Exhibit H to their Affidavit ) showing me making payments of {$760.00} each month and stopping XX/XX/XXXX. They even submitted the XX/XX/XXXX permanent modification agreement and swore it was true and correct but still are demanding {$760.00} each month. The payment history was made on an XXXX spreadsheet just to support their allegations. proved the payment history was false but still XXXX and Land Home are trying to foreclose. When the Clerk of court asked for an explanation, the Lender 's attorney said he didn't have one. The Clerk gave us 2 more weeks to submit follow-up briefs before she would make a decision. The Lender is committing fraud and their attorney admitted that he didn't know what had happened but they are still trying to foreclose and assess attorney fees that I shouldn't have to pay. I have incurred many legal fees and untold stress fighting them. My analysis leads me to belief that the company is not legitimate and trying to carry out a scam because any mortgage servicer has to have controls in place to comply with RESPA so that something so outrageous doesn't happen. Land Home employees were unable to respond to any questions when they are written or called. They intentionally tried to bully me into paying amounts that I do not owe using the threat of losing my home. Only two people, XXXX and XXXX work for Land Home with respect to XXXX. The paperwork submitted in support of the foreclosure is contradictory in itself. From the fraudulent payment history, I see they have added fees to my account monthly without ever sending me the disclosure each month as required by law. This is easy to do in nonjudicial foreclosure states. There also is a possible fraudulent indorsement on the Note when comparing the original to the copy of the Note on the CFPB complaint website posted previously by XXXX. The lender that allegedly assigned them the deed of trust through MERS authorization was out of business on the date of the transfer. Somehow the note for the Second mortgage produced by XXXX/Land Home has a new signature of a person who worked for XXXX XXXX  XXXX in XX/XX/XXXX when the company was out of business. After Land Home committed perjury on the affidavit with regard to the payment history, it is unknown how far the Lender will go in its fraud. Affiant XXXX XXXX and Land Home Financial Services should be prosecuted for flagrant perjury. I am a XXXX XXXX I  see that they have done this to other people from internet searches. It seems that others have been successfully bullied or have lost their homes. I have never experienced anything so flagrant. There are multiple consumers that need to be protected from irreparable harm. I know the CFPB handles countless complaints but this company needs to be enjoined from servicing due to acts that have reached the criminal level. If it were just me being harmed, it would not be as important. However, so many others need to be protected from them despite the fact that it is probably too late to step in to help me. Respectfully submitted.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation