Consumer complaint received 2023-09-17
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: CMG MORTGAGE, INC (TX)

My home was put into active foreclosure without any notificationeither via mail, email, portal, or phone, at the conclusion of a Covid forbearance period of one year. CMG Financial is directly accountable for the terrible lack of communication with us as the borrowers. The manner in which I discovered my home was in active foreclosure was thus : I received a text message on the evening of Friday, XX/XX/XXXX with a cash offer for my home in foreclosure. I called CMG Financial immediately to clarify, thinking this was an error, only to be informed that I did not communicate with the company, causing my home to go into active foreclosure. THIS IS CATEGORICALLY FALSE and clearly an error in the processing and handling of my account. I have ample evidence of CMGs continued failure to provide us with accurate information about the status of our mortgage account. 

As my XXXX forbearance was concluding in XXXX, I called CMG Financial to find out what my next steps were. They informed me that I was in processing out of the forbearance and would be getting more information soon. Between XXXX and XXXX, I received only monthly statements through the portal, and continually logged in to check the status of my loan. As the end of XXXX came about, I went to start to pay my monthly loan amount and was told I could not do this because my account was still in processing and that I would be getting more information soon. Keep an eye on your XXXX mail. On XX/XX/XXXX, I was sent an email stating that I was approved for a streamlined deferral and that the deferral agreement will arrive by mail. 

THE DEFERRAL AGREEMENT WAS NEVER RECEIVED EITHER VIA MAIL, EMAIL OR PORTAL. 

I called CMG Financial a few weeks later because I did not receive the agreement, and was told that my deferral agreement details were still being processed. I was advised to keep checking the portal. Again I called back, and was told this time to expect to make my payment on XX/XX/XXXX. I had my funds ready to go, went to pay at the end of the month, and was told by the agent that I could not because the account was now asking for $ XXXX due from Covid forbearance, and I could not bring my account current as a result. 

The next piece of documentation regarding a payment schedule arrived XX/XX/XXXX, firstly thanking us for contacting them about our mortgage. ( How can Loss Mitigation tell me that they kept calling me, emailing me, and mailing me letters and heard nothing from me as the cause for my active foreclosure status, when XXXX is also thanking me for keeping in touch? ) I believed that this was finally the letter that they had mentioned on the XXXX and XXXX phone calls. The letter stated that I can call or write to inform acceptance of the XXXX XXXX XXXX XXXX by XX/XX/XXXX. I sent an email to the address listed on the contact form immediately on XX/XX/XXXX accepting the offer and heard nothing back. 

When I spoke to an agent on XX/XX/XXXX, she informed me that I am not allowed to email and I was only able to call or write a letter. This was also confusing and misleading information in the original letter as well. If the email was not a place where you could send a letter, shouldnt that be clear? I informed her that I was now making the call and to please put in my acceptance for this offer. 

Apparently, my home was put in active foreclosure by CMG Financial on XX/XX/XXXX. I WAS NEVER NOTIFIED IN ANY WAY THAT OUR HOME WAS ABOUT TO BE PUT IN FORECLOSURE. We did not receive the Notice of Default and Intent to Accelerate, which is required by Texas state law to provide us with 20 days to cure the default. This notice is to be mailed VIA CERTIFIED MAIL. 

Additionally, we were never provided a Notice of Sale. When I called CMG Financial on XX/XX/XXXX, I was told my homes sale date was listed as XX/XX/XXXX. It was indeed up for sale. This is also required by Texas state law to be sent VIA CERTIFIED MAIL.

Clearly, this is WRONGFUL FORECLOSURE and was carried about in an unethical and misleading manner. We were due ample notice to correct this error, and the repeated miscommunications and failed communications on behalf of the XXXX Mortgage staff directly caused this issue to accelerate. I called in numerous times, and was repeatedly assured that my calls were put in the notes on my account so they would know I called. Clearly, this was misleading, and caused a very serious problem to occur. 

Perhaps more surprising is that when I called in to make a payment on the evening of XX/XX/XXXX, the agent in Loss Mitigation ( I have the agents identification information if you would like to follow up with them directly ) mentioned another person called in with the same exact situation. He found out he was in foreclosure from a text message from someone offering to buy his home. When he called in, he was as confused as I was about how my home was in active foreclosure without me knowing. She mentioned she would escalate both of our cases to her supervisor because something is off here. This isnt right.

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