We are filing a consumer complaint against our previous mortgage lender XXXX XXXX for violation to the National Mortgage Settlement ( NMS ). This settlement prohibits lender abuse during the application process of applying for loan modification assistance. As a result of this negligence our family was forced back into foreclosure after having made all 3 consecutive trial payments in adherence to our trial agreement.
We applied for a loan modification in XX/XX/XXXX after a lengthy review period, our loan was accepted for trial payments under the HAMP Streamline loan modification program onXX/XX/XXXX We subsequently made 3 trial payments in the amounts of {$590.00}. The payments posted with XXXX as follows :XX/XX/XXXX{$590.00} XX/XX/XXXX {$590.00} and XX/XX/XXXX -- - {$600.00} ( Exhibit A Trial Modification Dated XX/XX/XXXX ) ( Exhibit B Proof of Completed Trial payments ) On XX/XX/XXXXthe Federal Housing Finance Agency ( FHFA ) announced a program designed to help borrowers save their homes. The Streamlined Modification Initiative provides an efficient, no-document way for certain delinquent borrowers to obtain a permanent loan modification As of XX/XX/XXXX, mortgage servicers must identify eligible borrowers and send them an offer letter that states the terms of the modification, including the monthly payment required for a Streamlined Modification. Upon receiving the letter, the borrower can simply submit the modified payment to begin the trial period.
The borrower must successfully complete the three-month trial period to obtain a permanent modification. If the borrower makes the three payments on time, the mortgage will be permanently modified. However, if the borrower misses a payment during the trial period, he or she will not be eligible for a permanent modification under the program ( though another foreclosure alternative may be available Servicer shall promptly send a final modification agreement to borrowers who have enrolled in a trial period plan under current HAMP guidelines ( or fully underwritten proprietary modification programs with a trial payment period ) and who have made the required number of timely trial period payments, where the modification is underwritten prior to the trial period and has received any necessary investor, guarantor or insurer approvals. The borrower shall then be converted by Servicer to a permanent modification upon execution of the final modification documents, CaseXX/XX/XXXXXXXX Document 1-6 Filed XX/XX/XXXX Page 108 of 291 Case XXXXXXXX Document 10-1 Filed XX/XX/XXXX Page 17 of 200 A-17 consistent with applicable program guidelines, absent evidence of fraud. B. Dual Track Restricted.
After the mortgage trial payments were collected by XXXX we received no decline letter as to why the modification had been cancelled, nor were any of our trial mortgage payments returned to us. This is the same type of abuse which led to the NMS, and the multiple lawsuits against XXXX for lender abuse.
Furthermore XXXX has also failed to adhere to a settlement conference, which is a face-to-face meeting with the lender to work out a foreclosure prevention agreement. ( Ind. Code XXXX XXXX XXXX ) My wife and I represented ourselves Pro Se and originally attended our first hearing for these mandatory meditation hearings early in the spring of XX/XX/XXXX, under Case No. XXXX, in XXXX County Circuit Court. We carried on a full discussion with the Judge XXXX XXXX as well as the attorney XXXX XXXX XXXX which represented XXXX XXXX  regarding our desire to retain ownership of our home.
It turns out that we were missing several documents which better outlined our financial situation and our hearing date was rescheduled forXX/XX/XXXX at XXXX XXXX and we were instructed to return with the necessary documents which would definitively define my earnings at the time. Two days or so before our new hearing date was supposed to be conducted we received a letter from XXXX counsel stating that our hearing date had been canceled. When we inquires as to why this was done, we were told that it was because we failed to communicate with their office what our intentions were. This statement within itself was preposterous and misleading to say the least. Since our loan is FHA and government insured we theorize that XXXX is only interested in foreclosing so that they can file a Foreclosure Claim with FHA. Further, we were also overlooked and not offered the FHA Pre-foreclosure Sales Program which would allow us to sell our home and use proceeds to satisfy the mortgage debt, instead XXXX would prefer to defraud the U.S. government and take advantage or abuse our homeowners rights in the same process which are deemed as direct violations to 'Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 2601 et seq. ) Regulation X.
( Exhibit C Order Re-Scheduling Hearing ) We feel that XXXX has also colluded with our new servicer name Rushmore Loan Management Services ( RM ). On or aboutXX/XX/XXXX, our loan was transferred to a collection agency by the name of RM, with absolutely no notice which are also violations to 12 CFR Part 1026 ( Regulation Z ) RESPA. Again we feel this collusion is for the purposes of stripping all positive equity form our home as well as foreclosing so that they can file a Foreclosure Claim with FHA. Moreover when our loan was originated it carried an interest rate of more than 12 % and both XXXX and RM, are reaping the benefits this early on abuse. RM, has offered no type of options for us to avoid foreclosure, in fact when we last spoke with them on XX/XX/XXXX we were advised by XXXX at XXXX XXXX because our loan was just received one month ago they do not show that we made any payments toward a loan modification nor do they see that we were ever approved for one inXX/XX/XXXX. In fact she went on to say that our loan was approved for foreclosure the same exact month that we were approved for modification assistanceXX/XX/XXXX She also advised us that we had a private investor which is false, our investor is FHA.