Consumer complaint received 2017-05-03
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Caliber Home Loans, Inc. (CA)

We purchased our home in  XXXX   XXXX  and the mortgage lender was  XXXX   XXXX   XXXX . In  XXXX , we applied for a loan modification due to financial hardship (   XXXX   XXXX    XXXX  was now our servicer ). We submitted a loan modification application, along with proof of hardship. We were informed multiple times that they were working on our application and that we should receive something in the mail soon, but it never happened. We could not wait any longer so we filed for  Chapter   XXXX  Bankruptcy in  XXXX .   We completed the bankruptcy case, fulfilling every stipulated requirement, payment to the trustee for five years, timely mortgage payments and turning over to the trustee, the income tax refund for the required 3 years, as evidenced by the Trustees Final Report and Account to obtain Discharge from the United States Bankruptcy Court. Our application for discharge was wrongfully denied on  XXXX / XXXX / XXXX , due to the erroneous claim made in  Court by   Calibers   attorney, of the outstanding balance of {$36000.00}. My Bankruptcy Attorney,  XXXX   XXXX , contacted Calibers current representing attorney,  XXXX  and  XXXX ,  XXXX , to see if they had received the proof of payments that they claimed was received after the  XXXX / XXXX / XXXX  BK hearing. She is still awaiting for a response from them. My attorney can not proceed with a BK discharge until they reconcile their records.     A few weeks after the BK discharge was denied, I received a Notice of Default and Intent to Accelerate fro m Caliber. I sent Calibers  Bankruptcy Department a letter, dated  XXXX   XXXX ,  XXXX  ( see attached ) with proof all mortgage payments in the amount of {$2300.00} from  XXXX  to the present. In addition, I requested a payment history from  XXXX   Countys T  ax Collector (  see attached from  XXXX  to the present ). The payment history specified who had made the property tax payment. I then provided Caliber with proof of every tax payment made by me, either directly to the tax collector or reimbursed to a servicer. The  XXXX   XXXX ,  XXXX  letter was a Notice of Error, Request for Information or Qualified Written Request requesting that they reconcile their records based on the proof of payments that I had provided. To date, we have not received a written response fro m Caliber t o the letter, dated  XXXX   XXXX ,  XXXX .     On  XXXX   XXXX ,  XXXX , I spoke with a Caliber representative that confirmed that they received the proof of payments and he informed me that they had withdrawn the motion filed but that it would take a few days to process. I thought that finally  Caliber wa s listening to what we had been saying all along, but on  XXXX / XXXX / XXXX , they sent a Notic e of Default and Election  to Sell Under Deed of Trust that showed a balance of {$53000.00}. I contacte d Caliber  and I was informed by  XXXX   ( emp loyee number  XXXX   )  that there is an outstanding balance of {$5200.00} for  XXXX  and  XXXX   XXXX  mortgage payment. I told him that I had made the payments in question and that I would print mortgage payment confirmation and send to them right away. The next day, I faxed over a letter with the payment confirmation ( see attached ). Just as a precaution, I also sent it to their customer service email. On  XXXX / XXXX / XXXX , I was informed by  XXXX  ( employee number  XXXX  ) that they did not receive my  XXXX  mortgage payment either. I informed  XXXX  that the proof of mortgage payment I had sent the day before,  XXXX   XXXX ,  XXXX , also showed  XXXX  mortgage payment. She also informed me that theres a life of loan payment history request and that its hard to say, at this point, what is really owed.  XXXX  said that they hadnt received by payment verification but that it appeared that it  may  have been applied to a mortgage payment in  XXXX . She asked me if I had made a large sum payment on  XXXX / XXXX / XXXX  in the amount of {$22000.00}. I told her that I had not but that amount was very close to amo unt Caliber was cla iming was outstanding when they bought the loan from  XXXX . I expressed my concern th at Caliber h ad filed Notice of  Default Intent to Ac celerate without reconciling their records.     I honestly, dont know what to do anymore. I have worked so hard to keep my home during the bankruptcy and after my separation in  XXXX  so that my children dont suffer any more losses. I dont think its right or fair to apply for a loan modification of some sort if I dont owe what is being claimed and they want to take our home. I pray and hope that you can look into my situation.