Consumer complaint received 2020-09-02
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage — 
Company: FCI Lender Services Inc. (CA)

FAX TO : XXXX ATTN : Lenders XXXX XXXX XXXX XXXXFCI Lender ServicesXXXX XXXX/XXXX XXXX XXXX   DATE : XX/XX/XXXX ( Borrower FIFTH Notice of Error FAX ) FROM : XXXX XXXX XXXX, Trustee LOAN No. : XXXX / TS No. : XXXX / XXXX : XXXX RE : Borrower FIFTH NOTICE OF ERROR due to XX/XX/XXXX Passage of California AB-3088 ( Mortgage forbearance : State of emergency : COVID-19 ) CC : California Governor  XXXX XXXX, US House of Representatives Speaker XXXX XXXX, US Senator XXXX XXXX, US Congressman XXXX XXXX California Senator XXXX XXXX XXXX, US Consumer Financial Protection Bureau, California Department of Consumer Affairs, XXXX XXXX   XXXX  XXXX, XXXX XXXX County Board of Supervisors and XXXX XXXX County Recorder.

FAX NO. OF PAGES : __3__ Dear Lenders XXXX XXXX XXXX XXXX FCI Lender Services , XXXX XXXX/XXXX XXXX XXXX : Today 's FIFTH Borrower NOTICE OF ERROR fax follows my XX/XX/XXXX CFPB response to my XX/XX/XXXX, XXXX-filed Consumer Financial Protection Bureau Complaint # XXXX. My response yesterday further was emailed to all parties, including lenders and their loan servicer. 

Due to the XX/XX/XXXX passage of California AB-3088,  Borrower now formally repeats request for lenders and their loan servicer immediately and permanently to cancel and remove from XXXX XXXX County public records their unannounced XX/XX/XXXX, XXXX-recorded Notice of Default/Substitution of Trustee. Borrower only later learned of lenders ' unannounced recording of Notice of Default/Substitution of Trustee in XX/XX/XXXX. 

In XX/XX/XXXX, Borrower successfully transmitted FOUR different Borrower-written and Borrower-signed Notice of Error faxes to lenders XXXX and XXXX XXXX and FCI Lender Services that included Borrower COVID-19 Hardship Letters and Requests for Forbearance. In XX/XX/XXXX, Borrower also requested Second Mortgage loan modification terms, subject to lender immediate cancellation of lenders ' surprise XX/XX/XXXX, XXXXrecorded Notice of Default/Substitution of Trustee. 

Borrower 's XX/XX/XXXX Faxes Explained that BORROWER NOTICE OF ERROR was due to : 1. Lenders did not fairly advise Borrower in advance of Lenders ' XX/XX/XXXX Notice of Default/Substitution of Trustee recording. 
XXXX. XX/XX/XXXX Notice of Default was recorded in violation of the COVID-19 Federal 2020 moratorium on foreclosures. XXXX XXXX   XXXX XXXX. XX/XX/XXXX Notice of Default also was recorded in violation of Californias 2020 suspension of foreclosure actions that remains in effect until 90 days after the COVID-19 pandemic emergency is lifted or the judicial authorities otherwise suspend the rules. XXXX : XXXX XXXX XXXX XX/XX/XXXX Faxes Detailed Monetary Damages Caused to Borrower and Property by Lender Unannounced XX/XX/XXXX Recorded Notice of Default/Substitution of Trustee All properties become " damaged '' after Notices of Default are recorded since such Notices cause the market to perceive such properties as " distressed '' with Sellers willing to accept low offers. 

However, before the surprise XX/XX/XXXX Notice of Default was recorded, the XXXX XXXX County property received a full price offer ( {>= $1,000,000} ) from a foreign Buyer. Borrower accepted the offer on XX/XX/XXXX, and lender payoff was scheduled with FCI Lender Services on XX/XX/XXXX. Borrower advised FCI and Lenders of accepted offer and loan payoff schedule. 

Unfortunately, due to much-publicized, unexpected XX/XX/XXXX new COVID-19 U.S. immigration restrictions, the Buyer became prevented from entering the U.S. to close escrow. Borrower advised Lenders and FCI of the much-publicized XX/XX/XXXX, XXXXannounced new COVID-19-related U.S. immigration rules that would thwart timely close of escrow. The following links document the XX/XX/XXXX Presidential action that restricted immigration due to COVID-19 : XXXX : XXXX XXXX XXXX   XXXX And as a result of the XX/XX/XXXX, XXXXrecorded Notice of Default, online real estate sites now advertise the {>= $1,000,000} property with damaging, low " zestimates '' of {$780000.00}. Reduced market valuations needlessly caused by the reckless, XX/XX/XXXX, XXXXrecorded Notice of Default is unfair to the property and financially abusive to an " elder '' Seller.

" Elder '' Borrower further notes added monetary damages resulting from unusually high interest rates charged by Lender for over one year. Borrower made timely monthly Second Mortgage payments to Lenders XXXX XXXX   XXXX XXXX at an unusually high 14.500 % interest rate. By contrast, today 's mortgage interest rates range from 2.75 % to 3.19 %. 

Borrower 's XX/XX/XXXX Notice of Error Faxes Detailed the Following Borrower Hardship Facts : Age, Illness, COVID-19 & NEW COVID-related XXXX U.S. Immigration Restrictions Borrower is a XXXX-year-old XXXX female who became widowed in XXXX, the same year that Borrower XXXX XXXX XXXX XXXX XXXX XXXX.

Borrower also is an " elder '' single parent solely responsible for a chronically-ill child who resides with Borrower in the same primary residence, i.e., the XXXX XXXX County property in question. 

Borrower 's chronically-ill child was diagnosed with XXXX-XXXX XXXX at birth, and, in XXXX, became further diagnosed with XXXX XXXX XXXX, a complication of XXXX that leads to permanent loss of sight. In XXXX, Borrower 's child suffered a XXXX XXXX and today still requires costly XXXX, XXXX prescriptions and health insurance for which Borrower pays. 

On XX/XX/XXXX -- the very day that Lenders quietly recorded their surprise Notice of Default --, Borrower 's child required emergency medical care for XXXX XXXX associated with XXXX XXXX XXXX. 

Last year, in XX/XX/XXXX, Borrower herself became hospitalized after eight months of unresolved XXXX  and XXXX. And, since COVID-19 came to California in XXXX, the XXXX-year-old Borrower has suffered two different XXXX XXXX requiring two separate XXXX XXXX, the first on XX/XX/XXXX and the second on XX/XX/XXXX. 

In XXXX, the unprecedented COVID-19 pandemic restricted Borrower and all other responsible citizens from conducting business or normal life. Beginning mid-XXXX XXXX, California Governor XXXX mandated " stay at home/social distancing '' orders that curtailed real estate business. 

Borrower 's XXXX XXXX-remitted faxes reported the pandemic 's overwhelming impact -- a pandemic that even today continues to take its toll on Californians and citizens throughout the world. 

New, unprecedented COVID-19-related XXXX U.S. Immigration restrictions prevented close of escrow by a qualified foreign Buyer who last XXXX offered full price ( {>= $1,000,000} ) for the property. 

As a XXXX-year-old senior citizen and, since XXXX, a XXXX XXXX County resident, Borrower always has paid County property taxes. In XXXX, Borrower paid all property taxes on the XXXX XXXX County property in spite of Covid-19 financial setbacks that, during the coronavirus pandemic, negatively impacted Borrower and other XXXX XXXX County/California homeowners. 

Borrower 's XX/XX/XXXX Notice of Error Faxes/Forbearance Requests IGNORED by Lenders Borrower 's XX/XX/XXXX faxes further requested lender forbearance with a written FORBEARANCE AGREEMENT that would immediately cancel the surprise XX/XX/XXXX, XXXX-lender recorded Notice of Default/Substitution of Trustee and immediately reinstate the Second Mortgage with fair repayment terms that an " elder '' Borrower could afford. Lenders and Lender Servicer ignored all Borrower 's XX/XX/XXXX faxes until Borrower finally filed her XX/XX/XXXX CFPB complaint. 

On Monday XX/XX/XXXX, California lawmakers passed, and Governor XXXX signed, AB 3088 extending a halt to foreclosures and evictions as a result of the COVID-19 pandemic. Borrower formally requests lenders/lender servicer immediate and  permanent cancellation of surprise XX/XX/XXXX XXXX XXXX County-recorded Notice of Default/Substitution of Trustee. 

Per terms of AB-3088 : ( 1 ) The borrower was current on payment as of XX/XX/XXXX. 
( 2 ) The borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the mortgage obligation due, directly or indirectly, to the COVID-19 emergency.

Per additional terms of AB-3088, Borrower requests that all lender/lender servicer extra fees/charges be removed.

Finally, Borrower wants to sell property at its fair market value and will pay back Second Mortgage lenders through close of escrow. 


Respectfully, XXXX XXXX XXXX Wed. XX/XX/XXXX / XXXX PDT / FAX Successful Transmission ID : XXXX