Consumer complaint received 2022-08-31
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Caliber Home Loans, Inc. (UT)

Complaint : I state here that My family and I have been harmed by the actions of Caliber Home Loans. What I will outline below has caused us immense stress, loss of savings, loss of Income, loss of credit standing. The actions of Caliber Home loans have also damaged my ability to get my loan back in good standing. 

Background, I lost my Job at the start of Covid. My wife also lost her job. Over time I found employment again and my wife took longer to get back to a full time schedule at work. We now have good employment and can make our bills and mortgage. The Covid relief ( Cares Act ) did its job and has been very helpful to get us back on track. I am grateful for the program and Caliber for the help with the Covid Relief Program. Our last month on the relief program ended in XX/XX/XXXX, we made XXXX and XXXX 's payments. I asked to have a Workout/Modification/Solution ( for the purpose of this letter I will call it a loss mitigation workout ) to continue in the home and owner occupy it. I made it very clear I intended to make my payments going forward, and work with Caliber for a workout solution. I was told the workout was in Underwriting and during this process no negative action would be taken with my credit or foreclosure. 

Problem, XX/XX/XXXX brought a letter from Caliber Home Loans saying my " Workout/ Modification '' had been denied. After receiving the letter, and carving out time from work, I called back to Caliber customer service XX/XX/XXXX. I made my way up the chain with my concerns to Caliber representative " XXXX XXXX '' in XXXX XXXX, California. I really wanted a modification where the money I owe would have just been added to the balance of the loan and I would pay it off at the end of the loan. That option was denied in the letter received from Caliber. XXXX informed me that it had been denied ( because XXXX or XXXX only allows for 18 missed payments ) and I had ( I believe ) 21. I responded on the call that I understand the rule now you have told me about it, but at NO time had Caliber advised me of the issue. I had not been advised, taught or alerted in my calls seeking information from Caliber on the fact that I would have less options after 18 missed payments. I let XXXX know that I understand the policy now but feel Caliber had not properly advised and missed a duty or fiduciary responsibility to inform me as my servicer. I said to XXXX I can pay the amount of months over 18 and get it down to fix this right now. XXXX promised she would go back to the underwriter and call me in 24 to 48 hours. I worked with Caliber in good faith and XXXX assured me she was working on it. 

- During this call I was told, while working on these options and making payments, nothing would be reported negatively and no foreclosure proceedings would transpire while I worked with Caliber on the " Workout ''. 

- XXXX also asked me about " Flex '' options, and I told her I was interested and wanted to pursue it. I added though, my favorite options would be to pay my loan down to 18 payments and do the modification. At NO time did I turn down or indicate to Caliber I did not want to work on a flex workout option, or any option. 

- I have also come to learn that the cares act rules on the CFPB website outline the following. " Federal regulators have made it clear that if you receive a forbearance under the CARES Act, your mortgage servicer can not require you to repay your skipped payments in a lump sum once the forbearance period ends ''. The denial of my modification is clearly against the rules from Federal regulators. 

I did not get a call back from XXXX in 24 to 48 hours. I finally stopped waiting and tried calling XXXX back directly at the ( XXXX ) number she gave me on XXXX, I left a message. I then called back to Caliber customer service on XX/XX/XXXX and spoke with I believe agent " XXXX ''. I brought him up to speed and asked to talk to XXXX. The agent said he was Instant Messaging XXXX. Finally he let me know that XXXX is working on it and would call me back shortly. 

- During the call on XX/XX/XXXX, I was never told about pending foreclosure notice OR foreclosure proceedings being filed. I was told it was still being worked on and AXXXX was going to call me back. 

- During the call on XX/XX/XXXX, I never turned down any options or gave any indication I did not want to make a payment or a workout. I was consistently working hard for a solution " workout '' with Caliber, and making my payments. 

- At this point Caliber Home Loans is clearly providing Miscommunication between us and the lender. 

XXXX did not follow up with a call, Voicemail, or email. 

Next, I received a letter on XX/XX/XXXX stating that Foreclosure proceedings had been filed by Caliber with Law firm XXXX XXXX XXXX XXXX XXXX, XXXX. The letter was followed up by a call from one of our personal banks " XXXX XXXX '' XXXX XXXX. They received notice of the Foreclosure and immediately froze/closed and revoked our line of credit and took money from my checking to cover the Line of Credit. I can't tell you how hard, humiliating, and painful the effects of this foreclosure proceedings have been for us. Even if Caliber was to somehow roll back the foreclosure, the relationship with my current bank will be ruined going forward. The damage with XXXX XXXX XXXXXXXX XXXX has a downstream effect with creditors, trust, and credit that can't be fixed. This downstream effect has cost lost income and assets from the Caliber foreclosure proceedings being filed.

I called Caliber after the foreclosure news on XX/XX/XXXX. I was assured that while working on a workout and making my payments that Nothing negative would be reported on my loan. I had a sarcastic laugh at that, knowing those same words I trusted with Caliber have led to the current wrongful Foreclosure and financial ruin for my family. I also attempted to make my XXXX payment on time and on that call, the agent told me I can not make a payment while the loan is in foreclosure status. 

- Note : At this time I had made my monthly payments on time since exiting the Covid Relief forbearance protection. I had been working for a Loss Mitigation workout solution in good faith with Caliber home loans. 

I called Caliber today XXXX because Caliber was too busy to speak to me on Monday XX/XX/XXXX, and Tuesday XX/XX/XXXX, a promised Caliber returned call had not been made to us Tuesday XX/XX/XXXX. I spoke to XXXX " XXXX  '', XXXX contacted XXXX again, and XXXX is working on it I am told. 

XX/XX/XXXX, I called Caliber to follow up with progress on my Complaints email. I spoke to XXXX " XXXX ''. XXXX informed me that the " Complaints '' email I was given last call to address my complaint was not an active email, and should not have been given out. She said they only interact with mail, ( lucky I sent mail after the complaint email on XX/XX/XXXX ). This is another example of incorrect information they have given me that has caused days on no action while my house sits in foreclosure. XXXX informed me that my loan is being sold to a different servicer. This is very convenient for them while they have not addressed my complaints. XXXX noted that she believes " XXXX '' I have been working with is actually XXXX " XXXX '', she messaged XXXX to respond. XXXX let me know that a supervisor or director has not listened to the calls in question, and nobody is looking into my matter and complaints. I asked XXXX, beyond my complaint letter, how she can escalate this to be reviewed by a supervisor or director, she said she can do that for me. 

XX/XX/XXXX, I followed up on my call with XXXX. The call put me in touch with XXXX " XXXX ''. XXXX let me know my Loss Mitigation package has been received. My loan is still in Foreclosure. I asked her if any upper management has reviewed my request again for a review with XXXX " XXXX '' on XX/XX/XXXX. XXXX related that she sees no request for upper management to take a look. 

Review : We have been victim of " Miscommunication between us and Caliber Home Loans ''. The Miscommunication has been because of the actions of Caliber Home Loans incompetence. The result of this incompetency has led to a wrongful foreclosure of our house, which is still moving forward. The miscommunication is horrible on Calibers side, but it's so bad it could be " Intentional wrongdoings or fraudulent activity '' by Caliber Home Loans. 

Caliber home loans owed us a legal duty and this duty was breached unjustly by the lender ; This breach resulted in injury and damages to us. The wrongful foreclosure resulted in Loss of {$100000.00} line of credit with our home bank, Credit Rating damage, Emotional Damage, Financial Damage. The foreclosure happened 6 days before my daughters wedding. The closure of our line of credit and credit damage effected our ability to pay for the wedding and wedding contracts to pay. 

My requests to be made whole and restored by Caliber Home Loans from the damages listed above.