Consumer complaint received 2018-01-06
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage — 
Company: POPULAR BANK (FL)

To Whom It May Concern : I am writing this letter to inform you of the deplorable customer service and the unfair and deceptive acts and/or practices of XXXX XXXX XXXX concerning my Loan Modification application. I believe that XXXX XXXX XXXX managers are not treating my Loan Modification application fairly as well as committing due process violations because I have a bankruptcy that has been discharged. 

On Wednesday, XX/XX/XXXX, I applied for a Loan Modification of my second mortgage thru XXXX XXXX XXXX XXXX XXXX with XXXX XXXX, Housing Counselor Supervisor, ( XXXX XXXX ). This option was chosen because my loan with XXXX was maturing on XX/XX/XXXX. The balloon amount that was due at that time would be {$31000.00} of which I could not pay so I applied for a Loan Modification. XXXX XXXX completed the necessary paperwork and faxed it to XXXX Loss Mitigation Department on XX/XX/XXXX. XXXX received the paperwork indicating my intent to keep my home and apply for the modification on XX/XX/XXXX. 

On Monday, XX/XX/XXXX, I called XXXX XXXX to get a status update on my loan application and spoke with Account Representative XXXX ( XXXX ). He stated that I did not qualify for a loan modification and that a promissory note would be a better option for me, since my payments would be applied to the principal. I said ok. So he then told me what documents were needed to complete the process and that he could email or mail me a cash flow template that was needed to be completed. However, I was still expecting a letter of explanation for the denial of my loan modification application, along with other options that were available to me to be mailed. 

On Thursday, XX/XX/XXXX, I called to speak with XXXX to see if he could email me the cash flow template. He said that he would email it but I did not receive it. 

On Friday, XX/XX/XXXX, I called and spoke with Account Representative XXXX XXXX XXXX XXXX about my account because XXXX was not available. Since I did not receive the cash flow template, I asked if he could email it to me and he did. Later that evening, I faxed all the necessary paperwork back to XXXX for review. 

From this point on, it has now become a cat and mouse game. I would call XXXX to get an update on my application and would not be able to get through to their line, getting a recording stating that my call could not be completed as dialed and that I would have to try my call back later, or XXXX was not available, or when I did reach him, he would state that he did not get a chance to review my application. So I kept calling XXXX to get a status update on my promissory note application on several occasions. All while still waiting for my letter of explanation for the denial of my loan modification application, along with other options that were available to me in the mail. It never came. Please note that I made these calls from my cellphone that keeps record of the date and how many times I called a number. 

On Wednesday, XX/XX/XXXX, I called XXXX  and the line was busy.

On Monday, XX/XX/XXXX, I called XXXX and the line was busy.

On Wednesday, XX/XX/XXXX, I called XXXX twice.

On Monday, XX/XX/XXXX, I called XXXX twice.

On Monday, XX/XX/XXXX, I called XXXX 14  times. I believe that I spoke with XXXX concerning the cash flow template for the Promissory Note. He stated that it was inaccurate and needed to be corrected. I corrected it and faxed it back to him later that evening. 

On Thursday, XX/XX/XXXX, I called XXXX and the line was busy. 

On Friday, XX/XX/XXXX, I called XXXX four  times. 

On Monday, XX/XX/XXXX, I called XXXX four  times. 

On Tuesday, XX/XX/XXXX, I called XXXX twice. 

On Wednesday, XX/XX/XXXX, I called XXXX twice. 

On Friday, XX/XX/XXXX, XXXX called me at home @ XXXX. He told me that he finally had a chance to go over my paperwork and stated that because of my income I would have to pay a down payment of {$15000.00}. I simply explained to XXXX that I could not afford that. I am finally getting back on my feet from battling XXXX XXXX and getting back into the workforce. He then asked me what down payment could I make? I told him none. At this point, I am perturbed to say the least because XXXX never told me that I had to make a down payment when I spoke with him concerning my loan modification application on XX/XX/XXXX. So then I asked him why was I denied a loan modification and he stated that it was because of my account. He also stated that I was behind in payments. I then asked him if they were trying to foreclose on my home. His answer was not encouraging. So I asked him why didnt I receive a letter explaining this denial because I know for a fact the paperwork was sent to his bank in XX/XX/XXXXand that I can surely confirm this fact. He then stated they did receive my paperwork on XX/XX/XXXX ; but that I needed to use their loan application in order of applying for a loan modification. I stated that that was ridiculous because they could have mailed me the application especially since my paperwork clearly stated my intent to keep my home and apply for a loan modification. 

At this point, I asked him for the name and number of his superior. He said his name was XXXX XXXX XXXX XXXX ( XXXX ) or XXXX XXXX. He stated that XXXX XXXX XXXX XXXX was fully aware of the situation. So I told XXXX that if that is the case, then I would be making a formal complaint to the CFPB. XXXX then stated that he knows that our call is being recorded and that he didnt want to say the wrong thing. He then stated that he would send his superior an email about seeing what he could do about lowering the amount of the down payment for the promissory note. He assured me that they were not foreclosing on my home and that he would work out something for my account. I told XXXX that I could not afford to pay a down payment. He stated that he was going on vacation and would be back early XXXX and would get in touch with me then. 

On Monday, XX/XX/XXXX, I called XXXX and the line was busy.

On Wednesday, XX/XX/XXXX, I called XXXX to speak with XXXX XXXX XXXX XXXX or XXXX XXXX. XXXX informed me that they were both in a meeting. She asked if she could help me and I explained the situation to her concerning the loan modification and not receiving a letter of explanation for the denial of my loan modification application, along with other options that were available to me. She stated that if I dont qualify for the loan they do not have to send me an application or letter of explanation. Her remark was disturbing since they are not willing to explain my disqualification in a letter. So I told her that I would report them to the CFPB. 

On Friday, XX/XX/XXXX, XXXX XXXX called me and left a message to return her call. I called her back and explained the situation with XXXX to her. She stated that I did not qualify for a loan modification and that my home is not in foreclosure. I also told her that I could not pay a down payment. She then stated that she would reassign my case to someone else to handle. I asked her when I should expect a call from my new representative, and she said next week. I never received a call. 

On Wednesday, XX/XX/XXXX, I called XXXX and the line was busy. 

On Thursday, XX/XX/XXXX, I called XXXX while sitting in the office of my Housing Counselor, XXXX XXXX as we were trying to find out the status of my application for my second mortgage. So I called to speak with XXXX XXXX to find out why my new rep never called me back. But she wasnt available. So I told the rep that I would like a loan modification packet sent to me. He asked for my account number and stated that he had to transfer me the right department. XXXX came on the line and I again requested that a loan modification packet be sent to me. She refused. She stated that XXXX is working on a Promissory Note with a lower down payment for me. She asked if I could make a {$500.00} upfront payment, and told her maybe. However, I told her that I would prefer a loan modification, and that I felt like they are cornering me into a promissory note agreement. She then stated that XXXX would be back on Monday, but Account Representative XXXX XXXX XXXX XXXX would call me tomorrow to go over my account with me. I said fine ; but, at this point, I would be alerting the CFPB. She said fine. Account Representative XXXX XXXX XXXX XXXX never called me. 

Sir or Madam, this situation has caused me extreme emotional distress. I think it is only reasonable for me to expect that XXXX XXXX XXXX would act with reasonable skill, care, diligence, and in accordance with the highest standards. I also expect a good faith and fair dealing duty in connection with any transaction, practice, or course of business associated with my home mortgage loan. Although, a XXXX XXXX XXXX application was not used, XXXX was fully aware of my intent in keeping my home and applying for a loan modification. They could have sent me the application in the mail. I should have gotten a written response to my application, of which they received on XX/XX/XXXX, within a reasonable amount of time, at least within 30 days. However, I never received a letter of any kind from XXXX XXXX XXXX concerning my application status for both the loan modification and Promissory Note. XXXX XXXX XXXX is violating my due process rights in applying for a loan modification. I have even asked them outright to send me the loan modification application packet ; and they refused. Please keep in mind that all telephone calls are recorded for quality assurance. 

It is disheartening to report that this experience is very distressing and offensive to say the least. No one should have to endure such malfeasance in their time of need. I do hope that the corrupted and the unfair and deceptive acts and/or practices of XXXX XXXX XXXX will be thoroughly investigated so that this debauchery does not happen to someone else in the future.