Consumer complaint received 2019-01-18
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Seterus, Inc. (FL)

I have attempted repeatedly to resolve the issues with my mortgage. Despite sending in complete applications and complying with all the requirements of the Servicer ( Seterus Inc. ) and Investor ( XXXX   XXXX  ), I am denied without sound explanation, for any loss mitigation assistance. 

On XX/XX/XXXX, I submitted a third application for Home Retention assistance. Five days later, the Servicer responded with what I can only describe as a vague and/or evasive denial. 

For example, the Servicer denies the application for the investor 's 'XXXX XXXX Non-Delegated Modification stating : " Denied ' The  loan was not submitted to the investor for evaluation of this program because the eligibility requirements were not met. '' Again, the Servicer denies review for Short Sale claiming : " Denied. You may be eligible, but we do not have complete documents from you for this program type. We did not evaluate you for this program based on any other criteria. '' These denials only coincide with the Servicer 's insistence on scheduling judicial foreclosure sale dates despite having complete packages prior to the required 37 days set forth in the Code of Federal Regulations ( CFR ) ( 12 CFR 1024.41 - Loss mitigation procedures ), particularly : ( c ) Evaluation of loss mitigation applications - ( 1 ) Complete loss mitigation application. Except as provided in paragraph ( c ) ( 4 ) ( ii ) of this section, if a servicer receives a complete loss mitigation application more than 37 days before a foreclosure sale, then, within 30 days of receiving the complete loss mitigation application, a servicer shall : ( i ) Evaluate the borrower for all loss mitigation options available to the borrower ; and ( ii ) Provide the borrower with a notice in writing stating the servicer 's determination of which loss mitigation options, if any, it will offer to the borrower on behalf of the owner or assignee of the mortgage. The servicer shall include in this notice the amount of time the borrower has to accept or reject an offer of a loss mitigation program as provided for in paragraph ( e ) of this section, if applicable, and a notification, if applicable, that the borrower has the right to appeal the denial of any loan modification option as well as the amount of time the borrower has to file such an appeal and any requirements for making an appeal, as provided for in paragraph ( h ) of this section..

The Servicer circumvents the CFR 's requirement to : 2 ( i ) ( B ) Notify the borrower in writing within 5 days ( excluding legal public  holi days, Satur days, and Sun days ) after receiving the loss mitigation application that the servicer acknowledges receipt of the loss mitigation application and that the servicer has determined that the loss mitigation application is either complete or incomplete. If a loss mitigation application is incomplete, the notice shall state the additional documents and information the borrower must submit to make the loss mitigation application complete and the applicable date pursuant to paragraph ( b ) ( 2 ) ( ii ) of this section. The notice to the borrower shall include a statement that the borrower should consider contacting servicers of any other mortgage loans secured by the same property to discuss available loss mitigation options. Instead of acknowledging a complete application, the Servicer
denies it within the 5 days. I opened up a complaint with the Servicer, and received notice that the matter was being investigated. This response was submitted to my Attorney on XX/XX/XXXX. I have yet to hear the results of that investigation, while the Servicer has scheduled 2 more Sale Dates since.