Consumer complaint received 2020-02-11
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: FIRST CITIZENS BANCSHARES, INC. (VA)

The below is a recent snippet of the year-long process I have been dealing with. I have emailed multiple attorneys, First-Citizens Board of Directors, HUD, XXXX, and have all the documentation concerning this entire, stressful process : I called the Loss Mitigation Representative on Wednesday, XX/XX/XXXX ( but have been calling and emailing since XX/XX/XXXX with Mr. XXXX XXXX ) was informed by XXXX? ( didn't provide her last name ) that he was out of the office. Told her that I had XXXX XXXX ( HUD Representative ) on the line as well, whom I authorized to speak on my behalf. XXXX asked how she could help and that I needed to provide my mortgage loan account number ( XXXX ) which I did. After searching, and asking me a few more times to repeat my account number XXXX stated she couldn't find it in the system! I explained to her that I had submitted information via this email address to loss mitigation previously on numerous occasions! She was then able to find my information. 

Per her instructions, she stated that from an appeal aspect to the over {$2700.00} Repayment Plan ( which I can't afford ), I would have to submit another Mortgage Assistance Application to prevent upcoming foreclosure ( state law requires a servicer not to continue with a foreclosure while a completed application is pending ) and have my application packet documentation/finances reviewed again. Also, XXXX stated she would send the application via postal mail. I vehmently stated that since the foreclosure was schedule for XXXX, I needed her to email the packet information so I could get it submitted again as quickly as possible! She confirmed she could and would email me the information. Which she didn't. The attached completed Mortgage Assistance Application was one I found in the numerous mailings I'd received from First-Citizens over the past six-months! 

I am still unclear how the reviewer determined I could afford a monthly payment of {$2700.00} ( when my monthly net income is {$4900.00} ) for the next six-months ( FOUR times the amount of my original monthly payment ), especially when you look at the 30-36 % debt-to-income ratio. Included are my requested monthly pay stubs relating to my income AND my detailed budget dipicting my creditors/debt. 

Over this year-long process of trying to work with XXXX  ( loan originator ) and now First-Citizens Bank ( new servicer ) I definitely do not feel I have been treated fairly ( with no opportunity for forbearance or modification plan ) to HELP me keep my late mother 's home during my financial ( 10-month unemployment ) hardship. Hence, my contacting a HUD-Approved Housing Counselor ( XXXX XXXX ) to advocate for me to find options to avoid foreclosure. The mortgage has been paid for 14 plus-years on my mother 's home ( including 4-years since her death ) and the only reason it was not paid over the last year was due to my unemployment/financial hardship. I have gotten the run-around for over a year to assess my loan situation with both service providers ... first with XXXX  and now with First-Citizens. Therefore, I am filing a complaint with the Consumer Financial Protection Bureau to include my experience with the other 42 complaints currently found in the database. 

I sent all the information for my Borrower/Mortgage Assistance Application. My hope was to receive a response/acknowledgment of the information I sent if further information was required. 

I sent an email to First-Citizens Bank LossMitigation on XX/XX/XXXX about the email dated XXXX where I submitted another Borrower/Mortgage Assistance Application per instructions from the rep we ( myself and HUD counselor ) spoke with on XXXX. I did not received any response from First-Citizens to ensure receipt! Asked them to please acknowledge. As it was my understanding this would halt foreclosure since they had to review again. 

Received an email back from Mr. XXXX XXXX, Loss Mitigation Specialist at First-Citizens stating that he had reviewed my information with a member of the underwriting team and it was determined that the information provided does not support a loan modification. At this point there is a sale next week on XX/XX/XXXX and that is still on calendar. 

I responded via email back to him on XX/XX/XXXX As stated in my previous emails, and within all the numerous previous documents I have submitted. It does not have to be a loan modification since I can afford the current loans specified payments. The main reason for submitting the Borrowers Assistance Package with the Hardship Information, that I never received via email which I was told during my XX/XX/XXXX phone call with the rep, was under First-Citizens avoid foreclosure options was to establish payments to pay the overdue balance over a 12-month period instead of a six-month period of mortgage payments exceeding {$2700.00} per month. Especially, since I know and believe First-Citizens Bank knows as well, that would be setting me up for financial failure if I agreed to those terms in the previous Repayment Structure Plan, which I appealed! Therefore, I will continue to contest the upcoming sale and seek all legal actions available to me as SII to my mothers estate. Also, it amazed me that I could get a response to my professional email address. Yet, not my personal email from which all previous correspondence was sent to First-Citizens. 

XXXX XXXX responded via XX/XX/XXXX email that my email was received and agreed that I should seek legal advice. I asked him on XX/XX/XXXX to provide the following information : 1. Total amount due to reinstate the loan? 
2. Total amount for loan payoff? 

He provided me this information on XXXX