Consumer complaint received 2015-09-18
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Caliber Home Loans, Inc. (MN)

Greetings, below is a copy of my Making Home Affordable appeal letter to Caliber Home Loans this week. 
it is my understanding that a service is not able to sell your loan while you are in the modification process. 
XXXX XXXX XXXX did this XX/XX/XXXX with my mortgage ( can you confirm, is this correct? See Below ). 
In addition XXXX HUD certified counselors ran all my income and debt numbers and confirmed that I definitely qualify for a Making Home Affordable modification. XXXX denied me for a HAMP modification twice using the same numbers that the HUD counselors approved me for HAMP modifications with. XXXX now informs me that my home is in foreclosure and will not consider a HAMP modification. 
Numerous infractions occurred that violate the Minnesota Homeowner Bill of Right by Caliber Home Loans. 
Greetings, I, XXXX XXXX formally appeal the decision to deny a loan modification per the denial letter I received from Caliber Home Loans dated XX/XX/XXXX 

The reason for modification denial states : " your current monthly debts exceed your gross monthly income. Per my completed Caliber modification application, my net monthly income is approximately {$4800.00} plus any commission and my total monthly expenses are approximately {$3000.00}. This generates a surplus monthly income of {$1900.00}. ( See XXXX attached direct deposit guaranteed draw/salary of {$3000.00} per month not previously provided ) plus any applicable commission attached. 

As XXXX XXXX XXXX confirmed during our telephone conversation on XX/XX/XXXX, he is sending a new modification package to me to re-apply for a modification. 

Per the receipt of letter I received dated XX/XX/XXXX, from XXXX, XXXX XXXX XXXX law firm, Servicers are prohibited from referring a loan to foreclosure until a borrower has been determined ineligible for HAMP. Since there has not been a final determination regarding HAMP eligibility for my loan, and I am appealing Caliber 's decision and Caliber is prohibited from referring my loan to foreclosure until after it has been determined ineligible for modification under HAMP. Caliber is bound by the XXXX XXXX XXXX service agreement with the United States Treasury Department. 

Caliber received my loan from XXXX XXXX XXXX XX/XX/XXXX, per the Office of the CEO and President of XXXX XXXX XXXX and my single point of contact, XXXX XXXX XXXX. My mortgage was under active review for a modification with XXXX XXXX XXXX and the Office of the Ceo and President during the transfer to Caliber Home Loans on XX/XX/XXXX. XXXX XXXX XXXX assured me and promised that the transfer to Caliber would be seamless and that all modification documents were transferred to Caliber to continue the XXXX modification in process. After I voiced numerous concerns about the transfer to Caliber while my XXXX modification was in midstream, on both XXXX and XXXX, XXXX XXXX gave me her verbal assurance that my modification would proceed seamlessly and continue right where it left off with XXXX XXXX XXXX and be diligently worked by Caliber Home Loans, and they will continue to work your file and modification right where we left off. with XXXX XXXX XXXX and be diligently worked by Caliber Home Loans, and they will continue to work your file and modification right where we left off. 
I was skeptical, however XXXX XXXX was adamant that my XXXX modification in process would continue seamlessly with Caliber on Monday, XX/XX/XXXX after the transfer This was not the case and I was told by Caliber that they did not have any XXXX documents, nor did they attempt to continue to continue the XXXX modification in process.still have not received Caliber 's response to OPEN RESPA and QWR requests made on XXXX.