Consumer complaint received 2017-10-04
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — 
Company: U.S. BANCORP (LA)

US Bank has repeatedly ignored requests to rectify a situation due to failures on their part. As such, I am requesting once again for US Bank to clarify the circumstances surrounding the stopped foreclosure in XXXX with the XXXX XXXX XXXX Sheriff office so I can attempt to sell my home to pay off the mortgage. I am currently under contract ( for the third time ) and US Bank WILL NOT send the appropriate payoff amount in order for the title company to complete the closing process. 
As a quick background, my home was severely flooded in XXXX XXXX ; and after much thought and consideration, I decided to sell my home as-is and use the insurance proceeds ( {$XXXX} ) to pay off the mortgage. 
I entered into another agreement with XXXX XXXX XXXX, XXXX on XXXX XXXX, XXXX using XXXX XXXX XXXX for the closing. 
I have communicated several times to US Bank my intention to use the insurance proceeds to pay off the loan even faxing over the purchase agreement as further proof ; but every time they sent the payoff amount, it reflected the full loan amount which made it infeasible to close. 
On XXXX XXXX, XXXX XXXX with XXXX XXXX XXXX and I called Loss Draft ( via conference call ) and spoke to XXXX ( sp ) who informed us they had no request on file and needed a written statement from me requesting the funds to be moved. That afternoon XXXX XXXX sent the letter on my behalf to US Bank. 
XXXX XXXX notified me on XXXX XXXX that XXXX notices of XXXX ( appears to be a duplicate ) from XXXX that need to be canceled before the closing can take place. XXXX XXXX attempted to contact the attorney that handled the foreclosure and the attorney ( XXXX XXXX ) and the law firm ( XXXX XXXX XXXX ) no longer represent US Bank in such matters. He also informed me that the XXXX XXXX XXXX Sheriff office has a balance on the account ( case number XXXX ) in the amount of {$XXXX} which includes the sheriff sales commission that has to be paid prior to canceling the notice. 
I have called US Bank on XXXX XXXX and was told in their system it appeared to be paid but could take up till the XXXX to mail me a copy. 
On XXXX XXXX, I sent my account representative XXXX XXXX with US Bank an email explaining the situation as well. 
On XXXX XXXX, after researching on my own, the commission is not owe because the sheriff sale was halted due to the bankruptcy filing the day before the sale in XXXX. In accordance to the LA XXXX XXXX which reads in part : " In the event a defendant in XXXX files for bankruptcy before a sheriff 's sale and a stay order is issued canceling the sale, the plaintiff in the suit shall be liable for all costs, other than commissions, incurred while property was under XXXX ''. 
I went to the sheriff 's office on XXXX XXXX, XXXX with the statue LA XXXX XXXX and proof of XXXX XXXX filing ( attached ) to get the commission removed and the dismissal completed, but since I 'm not the " attorney of record '' they were unable to resolve it. They were able to provide me a copy of the letter that XXXX XXXX XXXX ( attached ) sent in XXXX and because it does not state the matter was being dismissed due to bankruptcy, the commission fee was assessed. The sheriff 's office told me in order to get the commission removed, the attorney of record will need to send another letter requesting a dismissal due to bankruptcy to remove the fees. 
I notified XXXX XXXX of the developing situation, and he informed that he did speak to XXXX XXXX with XXXX XXXX XXXX who explained they no longer have a foreclosure division and was n't sure where my record would be because it 's an older case. Once again, I reached out to US Bank trying to find out who handles foreclosures for them now because the Sheriff 's office still has XXXX XXXX XXXX listed on the file ; of course no one was able to help me. 
On XXXX XXXX I went back to the Sheriff 's office to get a copy of any correspondence to stop the sale of the home because of the bankruptcy in XXXX and they could n't find any official correspondence stopping the sale in my file ; but somehow it was stopped anyway. In order to try and help me out they emailed XXXX XXXX, XXXX XXXX and XXXX XXXX at XXXX to request a revised dismissal letter addressing the bankruptcy in order to get the commission removed so they can cancel the XXXX. 
On XXXX XXXX, I sent a follow up email to the same individuals along with bankruptcy documents as proof to try to get a letter as well. 
After receiving no response, on XXXX XXXX I forwarded that email to XXXX XXXX along with proof they were aware of the bankruptcy filing as XXXX was listed as representing US Bank at the time and requested again a revised letter to cancel the XXXX and have received no response. 
Unable to resolve the XXXX foreclosure situation, I lost the investor in XXXX XXXX. 
XXXX XXXX, I called US Bank customer service line and my account representative every day, explained in great detail ( every day ) what I needed and was told my information would be processed. US Bank ( or their representative ) has yet to send a letter to the XXXX XXXX XXXX Sheriff office noting the reason behind the stoppage of the foreclosure was due to the XXXX XXXX filing by the homeowners which will eliminate the balance due to clear the notice of XXXX and fix the title issue. As of today, XXXX XXXX, XXXX, the Sheriff office still shows the outstanding balance of {$XXXX} which is impeding me from attempting to sell the home again. 
On XXXX XXXX, I received a letter from US Bank attorney XXXX XXXX dated ( XXXX XXXX but postmarked XXXX XXXX ), that US Bank intends to foreclose on the property because of a balance due of {$XXXX ( which includes the flood insurance payment amount ). 
I put the house for sale as is again and under contract since XXXX XXXX. XXXX XXXX with XXXX XXXX has repeatedly requested a payoff amount INCLUDING the flood proceeds and after waiting weeks for the payoff.it shows a balance without the flood payment. 
To date ; US Bank wont include the flood proceeds in the payoff amount after requesting it multiple times and there is an outstanding balance at the sheriffs office after repeated attempts to get US Bank to send a simple letter clarifying the situation surrounding the stopped foreclosure process. 
In closing, I am appalled that I am receiving a letter threating foreclosure while for months I can not get anyone at US Bank to send a simple letter to clear the title because their attorney ( XXXX XXXX XXXX ) failed to do so. Furthermore, Im attempting to sale the home in order to avoid foreclosure and payoff the mortgage and US Bank wont honor any requests made thus far. 
I will also like to note, in the event the home is foreclosed on and the title issue is magically resolved in order to sale the home at the Sheriffs sale.I will consider this action as malicious in nature as a blatant attempt for me to not be able to sale the home myself. It is ridiculous after YEARS of dealing with US Banks negligence ( the reason behind the first foreclosure ), they are not allowing me to sale the property for MONTHS since the flood.