Consumer complaint received 2023-02-24
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: TRUIST FINANCIAL CORPORATION (FL)

Today I contacted Truist to find out the status of the latest permanent mortgage modification offered in response to my CFPB complaint dated XX/XX/XXXX and for which Truist received fully executed paperwork on XX/XX/XXXX. I was told today that the day after my last status call on XX/XX/XXXX, Truist reviewed my account, removed me from loss mitigation, and canceled my permanent mortgage modification for a second time. I received no notice or correspondence about this and only know because I called Truist today, one month after they confirmed the returned permanent loan modifications documents were scanned into their system on XX/XX/XXXX and processing without issue. Until today their reps expressed the modification was complete, that it's just not showing online, and to make the lesser payments contracted in the executed mortgage modification agreement. All of this was and is untrue. 

I was offered today to start over with a new mortgage assistance application ( BRP ). I was told HAF funds and mortgage modification can not co-exist. This inaccurate information has been previously stated by Truist representatives, but was eventually corrected by a higher-level employees within Truist with more knowledge. In fact, this inaccurate information of HAF and modification not being able to co-exist is stated clearly in the response to the CFPB ; that Truist had agreed to proceed with a mortgage modification in combination with HAF funds. In fact, the modification documents show XXXX dollars re-capitalized. There is no question Truist knows what they are doing when they create the modification documents and that nothing is currently owed, but each time during processing, the fully executed permanent modification documents are accepted, then ignored. Case law from what I've researched seems to indicate these modification contracts with full terms presented are fully executed on the day they are mailed. Truist has now breached two fully executed mortgage modification agreements and asked for and received additional funds toward this purpose beyond what was owed. This would be theft of funds, mail and wire fraud, probably many other criminal offenses. 

I also asked why the mortgage assistance application was required, especially being my unaffordability issues are related to the COVID-19 National Emergency and no BRP should be required due to those emergency guidelines I entered into agreements over a year ago. I was told this is a standard mortgage assistance application being offered now and has nothing to do with COVID-19 National Emergency. Truist seems to be taking a stance that it is okay to delay and wait out a national emergency in order to deprive a borrower of their rights under Federal law. This is beyond a civil issues at this point. This is criminal. Not only is in improper to ask me for a mortgage assistance application or BRP under COVID-19 guidelines, but if I did start over, that likely means a 6.375 % interest rate, more than the 3.5 % that has been offered via modification, more than the 4.25 % I currently pay. Truist was unable to tell me which interest rate I would receive if proceeded with a new mortgage assistance package. This lack of transparency and forcing me down a path of unaffordability sure seems like a form of predatory lending. 

I asked the Truist representative today if Truist lied to the Consumer Financial Protection Bureau since the response to CFPB says HAF and the mortgage modification can co-exist and Truist was offering to complete a modification knowing this, which is clearly reflected in the modification agreements that state there is {$0.00} past due to re-capitalize. She stated unequivocally that " they have gone back on what they said '' and Truist has reneged on the contract and their offer in their response to the CFPB. I am not making this up or embellishing in any way and asked multiple times for clarification that what they expressed to a Federal agency and regulator simply is not true and she agreed, Truist 's position as of XX/XX/XXXX is different than when they responded to the CFPB on XX/XX/XXXX. That their ONLY offered resolution is now being refused after I returned/executed it and provided feedback to the CFPB.