Consumer complaint received 2019-03-23
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Servis One, Inc., Titusville, PA Branch (CA)

On XX/XX/XXXX, my loan was sold from XXXX XXXX to a private investment firm, XXXX XXXX, aka XXXX XXXX XXXX XXXX, XXXX d/b/a XXXX XXXX, Not in its individual capacity but solely as the trustee for the XXXX XXXX XXXX XXXX. XXXX XXXX transferred the servicing of the loan to XXXX XXXX. It has come to my attention that three of the executives of the XXXX XXXX XXXX are currently in jail for fraud. XXXX XXXX has not been keeping accurate financial records and are not concerned with ensuring accuracy of their accounts. Details of the inaccuracies are included below. 

Due to personal matters, I encountered difficulty in making all mortgage payments during XXXX. I filed a bankruptcy petition XX/XX/XXXX, in an effort to restructure the past-due payments. XXXX XXXX XXXX attorneys were very aggressive, and they were discharged from the bankruptcy. 

I applied for a loan modification through XXXX XXXX XXXX in XX/XX/XXXX. I was assigned One Point of Contact at XXXX XXXX, XXXX XXXX. Within a day of accepting the completed modification packet, XXXX wrote to XXXX at XXXX XXXX and stated that I needed to pay {$12000.00} upfront to submit a loan packet to XXXX XXXX XXXX. At that time, XXXX knew the terms were abnormal, he removed himself from the modification process, and he suggested that I deal with XXXX directly. After speaking with XXXX, she stated that the lender would not entertain a modification unless money was offered up-front. The modification was subsequently denied within 2 days because I have equity. I appealed the process. The same date the certified appeal document was received at XXXX, XX/XX/XXXX, the appeal was denied. There wasn't sufficient time for the lender to receive, review, and deny in less than a day. I strongly believe no one reviewed the file during appeal. The appeal process was not handled in an appropriate and legal manner or according to the California Homeowners Bill of Rights. 

On XX/XX/XXXX, I sent a Notice of Error to XXXX XXXX, their trustee and attorneys XXXX, XXXX and XXXX, stating that there are significant financial errors in the accounting, dating back to late XXXX, prior to the transfer of the loan from XXXX XXXX. I received a response from XXXX by regular mail on XX/XX/XXXX. The response was inadequate, the records provided were inconsistent, and the answers I was seeking were not provided. I contacted XXXX immediately to request the specific additional information. I was told that XXXX XXXX was still my One Point of Contact and that I needed to present the request to her. When I reached XXXX, her response was : " You are in the last stages of foreclosure. You have a sale date of XX/XX/XXXX. If I feel that something you send me needs to be forwarded to someone, I will forward it, but it's too late to address anything now. '' When I stated that I will persist with or without her, she stated that she would note my file that I may be getting an attorney and XXXX rudely hung up on me. That is my One Point of Contact. According the the California Homeowners ' Bill of Rights, a homeowner has a right to one point of contact, that If the court finds that the violation was intentional, reckless, or resulted from willful misconduct by a loan servicer or lender, the court may award the borrower the greater of treble actual damages or statutory damages of {$50000.00}. 

I seek the following resolution : that the prior modification attempt that was handled inappropriately and unlawfully be voided, that I become assigned to a new Point of Contact at XXXX that will follow the California Homeowners ' Bill of Rights and treat me with respect, and that upon filing a new modification request, it is given appropriate and full consideration. 

The financial discrepancies and errors mentioned above are significant enough to invalidate the unpaid balance and invalidate any foreclosure sale. The OPOC should be addressing that, and should rightfully pause any sale activity until XXXX is certain that their records and the records of the prior servicer are identical and 100 % accurate, and that after all credits and debits have been accounted for, there is still a valid reason to proceed with collection of a significant outstanding sum. I believe there will not be a valid reason or a significant unpaid balance. The details are attached in the letter to XXXX XXXX, asking him if I need to send another NOE with the specific calculation errors, or if we can proceed by narrowing the specific details of the original NOE. 

It is imperative that XXXX XXXX provides accuracy of all of their records, especially when their errors could cause significant harm and hardship. It is imperative that XXXX  representatives conduct business with honesty, integrity, and respect.