Consumer complaint received 2015-07-31
Product: Mortgage — Other mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Caliber Home Loans, Inc. (CA)

I experienced financial difficulties and was denied a modification with Caliber mortgage. I then requested a Short Sale to avoid a foreclosure. In addition the HOA payments were late and the HOA was suing for payment and the City of XXXX XXXX XXXX lien refused to assist and advised that they would rather foreclose due to lack of manpower in their office. While we were in the Short Sale Process, the negotiator advised that we had a foreclosure sale date of XX/XX/XXXX. Caliber 's representative advised our agent on XX/XX/XXXX that she needed to have the HUD1 updated to reflect changes necessary to approve the short sale and thereafter we would have XXXX days to negotiate with the HOA and XXXX lien. Our agent complied. However, once we filed the Ch XXXX BK, our agent was advised they needed a Court Approval for the Motion to Sell. Our attorney advised that we would need an approval from the Lender to request the Motion to Sell as is Customary. Our agent also consulted with the Lender 's BK attorney regarding the situtation to find out why they were requesting the Motion to Sell before receiving the approval from the bank. The paralegal at the Attorney 's Office XXXX XXXX XXXX advised that there must be a confusion and was going to check with the Bankruptcy Department at Caliber. Also, the Negotiator at Caliber keeps telling our agent that their is a Foreclosure Sale date up for XX/XX/XXXX, while the paralegal advised that the sale was on hold. It appears that the lender may not be adhering to the BK rules? I was also advised that per the bank, I had to resend the offer we currently have within XXXX days of the foreclosure date to be able to review in order to avoid a foreclosure. This does not make sense at all. Additionally, we requested a HAFA short sale and the same negotiator advised at the onset that we could not do a short sale via HAFA, yet they participate in the Hardest Hit Fund Program. This loan was originally an FHA loan and then apparently transferred to a non FHA loan when the loan transferred from XXXX XXXX XXXX to Caliber Mortgage. Furthermore, our property had roof damages and I filed a claim XX/XX/XXXX. The check was sent to us with the then lender XXXX XXXX XXXX 's name along with ours. We were advised that because we were in financial hardhip it had to be done this way. Again, this did not make sense as we could not cash the check at XXXX XXXX XXXX. Finally a letter was sent to XXXX XXXX and what occurred next was unimaginable. We were asked to send them the {$5000.00} check for damages apparently so that we would get a replacement check without having them on the check so that we could cash it. All this time we were trying to work with the insurance adjuster and he accused us of cashing the check and could not send a duplicate check. Soon after it was found out that Caliber Mortgage has cashed the check and we have not heard back from anyone advising regarding this issue. I could not cash the check for XXXX years, yet XXXX XXXX XXXX can dispose of our funds so easily to Caliber??? We urge you to assist us in investigating thouroughly this situation.