Consumer complaint received 2018-11-05
Product: Mortgage — Other type of mortgage
Issue: Trouble during payment process — 
Company: Franklin Credit Management Corporation (CA)

After about five six years of not hearing from the second loan holder, I received a delinquency notice and possibly foreclosure of my property i.e XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX. During the intervening period, I received no demand nor any bill from this company. I initially requested the documents I signed as I have no recollection of dealing with the company. On XX/XX/XXXX through the help of XXXX  Law Office who claims to specialized in Foreclosure intervention, I was approved to reinstate the loan with a trial period of six months. At this point, no documents that I signed as requested was never produced or provided. I was demanded to remit the amount of {$42000.00} out of a {$110000.00} initial loan. As I did not have the funds immediately, I had been informed of Trustee Sale many, many times. In XX/XX/XXXX, I remitted via wire the amount of {$43000.00} and paid the scheduled payments of {$1000.00}. In going through my files, I came across a notice from the FRANKLIN CREDIT MANAGEMENT an offer of {$16000.00} settlement for whatever account is outstanding.

I continued to remit to them in good faith the agreed monthly payments, until I received a refund of the amount, and the return of my uncashed check for the XX/XX/XXXXpayment.When I called to inquire what happened, I was told that the uncovered " fraud '' in this transaction and was five a number of a lawyer to call for further details. I tried the number numerous times and left messages requesting return call, nothing happened.

InXX/XX/2018, I decided to sell the property as I am XXXX years old and planning to undertake the final steps towards retirement. During the title search/preliminary task, Franklin Credit alleged that my account was taken under a fraudulent circumstance ( SSN of my daughter who has the same name as mine which was rectified with SSA files and was accepted as an error without prejudice ) I had to suspend the sale as the company gave me and my realtor the hardest time to complete any transaction attendant to the sale. Then a certain XXXX XXXX started talking specifics of my personal information with my realtor and who knows who else. Very derogatory information with conclusive information without the benefit of inquiring or validating them with me. One of which is his constant communication with my son-in-law who claims that if it was my daughter 's social security number, then the property is theirs. The next step they did is to send me a Trustee Sale notice onXX/XX/XXXX. My realtor then made the effort to research and work it out with the Franklin Credit through XXXX XXXX to stop the sale and re-negotiated for a more reasonable settlement amount, in consideration of the circumstances and the funds already remitted to them. The remedy according to them is for me to remit the amount of {$97000.00} no later than XX/XX/XXXX and adamantly disagreed on any sale proceedings whatsoever. Firstly, I am not in a position to produce that money, if they will only agree to proceed with the procedural normal sale of the property, which is very promising at this point, they can get the money due them and we can close the working relationship on a positive note. Secondly, they had violated my rights to the requested documents and the proper procedure in billing and collection and notifications. Above all, they have no rights nor permission to discuss any of my personal matter with anyone. I have a good standing with my first note holder and if only they were professional enough to deal with the situation fairly, we could have work a positive working relationship. For your information, in the duration of my beggings and requesting with Franklin through XXXX XXXX, I felt harassed, bullied, violated and abused by a somewhat predatory lending company. At this point, it is urgently requested that the foreclosure proceedings be stopped and sale will proceed as a matter of course, so every lenders entitled to payments will be fairly satisfied.