Loan information : Lender : BB & T Loan Number : xxxxxxxxxxxxxxx Property Address : xxxxxxxxxxxxxxxxxxxxxxxxxxxx In XX/XX/XXXX our home sustained damage due to hurricane Irma. Our home resides in a region that was declared a federal disaster area as per XXXX. Since the loan was owned by XXXX XXXX, we elected to use the 3 month mortgage forbearance option to pay for repairs due to hurricane damage and to offer us the following protections : Suspending foreclosures by providing forbearance for up to 12 months ; Waiving assessments of penalties or late fees against borrowers with disaster-damaged homes ; and Not reporting forbearance or delinquencies caused by the disaster to the nation 's credit bureaus. 

As per the XXXX XXXX disaster forbearance requirements, the following applies : Placing an impacted borrower, based upon the Servicers discretion, into a forbearance plan by assessing the extent of the property damage and the financial impact to the borrower. 
Not assessing late charges for, or reporting to credit repositories, impacted borrowers who have been placed on a forbearance plan or who are paying as agreed on a Trial Period Plan or repayment plan. 
Providing transition assistance from the forbearance plan into an appropriate relief or workout option to cure the delinquency. 
Providing requirements to evaluate borrowers who were performing on a Trial Period Plan prior to the Eligible Disaster with the opportunity to transition into another Trial Period Plan at the end of the forbearance period. 
Providing information regarding options for local, state, or federal disaster assistance. 
Providing additional assistance for borrowers who were current or less than 31 days delinquent at the time of the disaster, such as the Capitalization and Extension for Disaster Relief Modification ( Disaster Relief Modification ) and special requirements for the Streamlined Modification. 
Providing special requirements in certain disaster-related Bulletins that are not included in the Guide as noted below.

Furthermore, transition from the forbearance requires the following : As an impacted borrower is nearing the end of their disaster forbearance plan, determine if the borrower is able to cure the delinquency via a reinstatement or repayment plan. If the borrower is unable to do so, then the Servicer must determine whether the borrower is eligible for the Extend Modification for Disaster Relief ( Extend Modification ) or the Capitalization and Extension Modification for Disaster Relief ( Disaster Relief Modification ). These modifications : Are designed for borrowers whose hardship resulted from an Eligible Disaster and who are able to resume making their pre-disaster mortgage payment, but who are unable to reinstate the mortgage or cure the delinquency with a traditional repayment plan. 
Provide a modification that extends the term of the mortgage only as necessary to get the borrower to a monthly payment that is as close to their existing payment as possible. Eligible borrowers must complete a Trial Period Plan. 


With the exception of the 3 payments during the forbearance, all payments as of XX/XX/XXXX were current and up to date. In addition, following the 3 month forbearance, ALL required payments have been made on our loan with the exception of the payment in XX/XX/XXXX which BB & T simply would not allow us to make. 

It has been an extremely tedious, stressful and time consuming process working with BB & T in resolving the forbearance. We were given very conflicting information throughout the process and according to some BB & T representatives, the information provided to us was flat out incorrect. In addition, during this period we were being sent letters by BB & T that our mortgage was in violation of the original mortgage agreement terms and risked being accelerated and/or foreclosed if payment was not received in full to cure the outstanding delinquency. I called BB & T numerous times over these letters and was told to ignore them since they were automated letters and our loan was protected by the forbearance agreement we signed and accepted ( attached pdf ). In addition to the letters, we were also bombarded with almost daily threatening phone calls about paying the delinquency to avoid foreclosure. Again, we were directed to ignore these calls and voicemails since as we were told one division doesnt communicate with the other. I expressed my concerns with BB & T numerous times of how unsettling the calls and letters were. Again, we were reassured each time we were protected by the forbearance agreement that was noted in our account. 

After numerous lengthy and often very conflicting calls to BB & T over a period of months, in XX/XX/XXXX, we were finally able to get the right person on the phone who was able to provide us with a Trial Modification to cure the 3 month forbearance delinquency. As per the terms of the trial modification period, we were instructed to pay {$3900.00} which was approximately {$500.00} more than our current monthly mortgage payment. We made all of those payments in a timely manner without any issues. After satisfying the trial payment period, BB & T sent the finalized loan modification agreement right about the time we were leaving the country for an extended vacation in XXXX. Shortly after our return, we signed and notarized the documents and sent them back to BB & T in their supplied prepaid envelope. In addition, on XX/XX/XXXX, we mailed the first payment for the modified loan via check since we were instructed we were unable to make the first payment via electronic transfer over the phone as we had previously been doing. 

A couple weeks later ( end of XX/XX/XXXX ) I received a call/voicemail from BB & T stating that we needed to contact them immediately since the loan was now in default and being accelerated. I returned the call and spoke at length explaining everything yet again that had transpired over the past year. Initially they stated they never received any of the modified loan paperwork, nor did they receive a payment for XX/XX/XXXX. I told the representative that she was incorrect and to speak to Loss Mitigation and they would clear up the situation because they should be in receipt of the signed modification agreements as well as the physical check for the first modified payment schedule. She then informed that she was from the Loss Mitigation department and they had no record of receiving any of the paperwork. I told her I was driving and would need to wait until I got home to locate the tracking information but that they should have the tracking information since I had sent all the paperwork back in the envelope they provided for me. She put me on hold and after about 10 to 15 minutes came back and said she was able to locate the information and she discovered BB & T did receive the loan modification paperwork but they did not receive it in time. She stated the previous modification was rolled back and nullified and that is why the loan was now in default and the only way to cure the default was to pay the loan in full or start the loan modification process over again. I expressed my utter frustration with the whole process and how we were being treated like delinquent clients despite making all the payments with the exception of the 3 months afforded to us under the XXXX XXXX forbearance protection. I also explained that it did not make sense to go through the hassle of another modification process since there was only the equivalent of less than 2 payments left on the 15 year mortgage. I told her I would need to discuss with my wife but that I would just make arrangements to pay the balance in full so I could be done with BB & T and their nonsense. 

Once I was able to transfer available funds to my bank account, I called BB & T on XX/XX/XXXX after the XXXX holidays to receive a final payout amount and to have BB & T process the payment in full. I was told they couldnt do that because the mortgage had been sent to foreclosure at which time they directed me to contact the attorney who was handling the foreclosure. Im sure you can only imagine my utter bewilderment and frustration at this point. 

It is blatantly obvious our mortgage should have never been sent to foreclosure. In addition, besides the significant amount of time I have already invested over the past year trying to resolve this issue, I now have the additional burden of pursuing all avenues available to me to get this mess straightened out. This also includes the additional time, stress and hassle of making sure the foreclosure and any negative credit reporting BB & T has sent to the credit agencies is removed. 

Lastly, over the past week, I have made numerous daily attempts to contact the Law Firm who is handling the foreclosure via voice and email to obtain a payout amount and they have not provided me with anything other than the following response : We contacted our client regarding your concerns. 

We will advise as soon as our client responds. 

At this point, Im incredibly anxious, stressed and frustrated with BB & T over their handling of this whole process and have suffered countless sleepless nights and suffered significant mental anguish over having to deal with BB & Ts unwarranted and illegal pursuit of foreclosure of my {$650000.00} home that had less than 2 payments remaining. 

For thoroughness, I am including the payment timeline as it transpired with any notes regarding those payments. I have already attached supporting documents to the complaint. 

Payment timeline : XX/XX/XXXX XXXX *All payments current and up to date XX/XX/XXXX XXXX Forbearance Federal Disaster Area declaration as per agreement with BB & T XX/XX/XXXX XXXX Forbearance Federal Disaster Area declaration as per agreement with BB & T XX/XX/XXXX XXXX Forbearance XXXX Disaster Area declaration as per agreement with BB & T XX/XX/XXXX XXXX New payment amount changed due to escrow change XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX Payment was made late due to ongoing conversations with BB & T XX/XX/XXXX XXXX When we attempted to call BB & T to make our payment, we were told they would only accept a payment for the full amount due which included the current month plus the 3 month forbearance amount ( roughly {$14000.00} ). This is when I asked to speak to a supervisor and after being transferred to multiple people, was ultimately transferred to someone who apologized repeatedly over how everything had been handled and he would start the loan modification process immediately as it should have been done from the beginning. He said not to worry about the payment for that month since the loan was being modified and any payments during the modification process would complicate the calculations. He said to make the first trial modification payment starting in XXXX. 
XX/XX/XXXX XXXX First of three Trial Modification payments XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX The modified loan agreement specified the first modified payment due in XXXX. 
XX/XX/XXXX XXXX Paid via check as directed by BB & T since they said they were not able to receive the first payment of the modified agreement over the phone from our bank via electronic debit. 
XX/XX/XXXX XXXX Spoke to BB & T on XX/XX/XXXX and was told they did not receive the loan modification papers back in time and we would need to start the loan modification process over again. I told them it didnt make sense to start the modification process over again since the payoff for the loan was a little less than 2 payments. I told them I would make arrangements to go ahead pay the loan in full. I called BB & T on XX/XX/XXXX after the XXXX holidays to have them withdraw the final amount from our bank and was told the mortgage was sent to foreclosure! 

As you can see, we did everything we were supposed to do as directed by BB & T representative either through verbal and/or written directions. There is absolutely no reason this mortgage should have ever been sent to foreclosure.