Consumer complaint received 2018-08-29
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — 
Company: Caliber Home Loans, Inc. (GA)

Our goal is to prevent a foreclosure on the above property, currently scheduled for XX/XX/XXXX and to obtain a settlement of the alleged default. 

We are in possession of information which strongly demonstrates that errors during the servicing of the note have occurred and lead to violations of my clients due process and statutory rights. We therefore insist that you suspend foreclosure proceedings for 60 days in order to adequately investigate these errors and make suitable corrections. 

Dual Tracking has taken place. Dual Tracking is where a servicer is simultaneously evaluating a customer for loss mitigation options at the same time that it prepares to foreclose on a property. On XX/XX/XXXX, I sent in a complete loan modification application which contained all of the documents that had been requested by Caliber Home Loans. On XX/XX/XXXX, I spoke to Caliber Called Caliber Home Loan @ XXXX, spoke with XXXX ( Id : XXXX ), she file is in review for Modification but they need the below requested documents, Documents fax number : XXXX, XXXX, Email : XXXX, XXXX Documents Required, 1. Need FHA Form the web site 2. Need Last 30 days Pay Stubs for 2nd Job 3. Need LOE for Business & Pension Income showing on Taxes of XXXX The borrower is 8 payments behind & the amount due over the account is {$15000.00}, the file is active Bankruptcy. 
The Foreclosure Attorney Information : XXXX, XXXX XXXX XXXX, XXXX ( XXXX, XXXX ) On XX/XX/XXXX, I submitted the above documents to Caliber. 

On XX/XX/XXXX, Called Caliber Home Loan @ XXXX, spoke with XXXX ( Id : XXXX ), she file is in review for Modification but they need the below requested documents, Documents fax number : XXXX, XXXX, Email : XXXX, XXXX Documents Required, 1. Need Last 30 days Pay Stubs for 2nd Job 2. Need LOE for Number of People Living in home The borrower is 8 payments behind & the amount due over the account is {$15000.00}, the file is active Foreclosure & there is a sale date for XX/XX/XXXX. 
The Foreclosure Attorney Information : XXXX, XXXX XXXX XXXX, XXXX ( XXXX, XXXX ) Notes : Kindly get the requested documents for Modification Process. 

On, XX/XX/XXXX, I submitted said documents to Caliber. 

On XX/XX/XXXX Called Caliber Home Loan @ XXXX, spoke with XXXX ( Id : XXXX ), he file is in review for Modification but they need the below requested documents, Documents fax number : XXXX, XXXX, Email : XXXX, XXXX Documents Required, 1. Need Last 30 days Pay Stubs for XXXX XXXX 2. Need Last 3 Months Profit & Loss Statements for XXXX XXXX XXXX XXXX as is XXXX ( Needs to Mention Taxes & Expenses & Income ) The borrower is 10 payments behind & the amount due  over the account is {$18000.00}, the file is active Foreclosure & there is a sale date for XX/XX/XXXX. 
The Foreclosure Attorney Information : XXXX, XXXX XXXX XXXX, XXXX ( XXXX, XXXX ) I submitted the documents on XX/XX/XXXX. 

On XX/XX/XXXX - Called Caliber Home Loan @ XXXX, spoke with XXXX ( Id : XXXX ), he file is in pending in review for Modification but they need the below requested documents, Documents fax number : XXXX, XXXX, Email : XXXX, XXXX, Documents Required, 1. Need FHA XXXX XXXX XXXX ( This was sent in XXXX and had not been asked for on the previous 2 calls ) The borrower is 10 payments behind & the amount due over the account is {$18000.00}, the file is active Foreclosure & there is a sale date for XX/XX/XXXX. 
The Foreclosure Attorney Information : XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ) Notes : Kindly get the requested documents for Modification Process. 

On XX/XX/XXXX, I submitted said documents but on my follow up call on XX/XX/XXXX Called XXXX XXXX XXXX @ XXXX, spoke with XXXX ( Id : XXXX ), he said they can not review file as they need the all the documents before 15 days Before the sale date, hence they need the complete file before the XX/XX/XXXX, Documents fax number : XXXX, XXXX, Email : XXXX, XXXX, The borrower is 10 payments behind & the amount due over the account is {$18000.00}, the file is active Foreclosure & there is a sale date for XX/XX/XXXX. 
The Foreclosure Attorney Information : XXXX, XXXX XXXX XXXX, XXXX ( XXXX, XXXX ) Notes : Lender is proceeding with the sale date for XX/XX/XXXX. 


With the foreclosure date as XX/XX/XXXX, this is a clear violation of Loss Mitigation Procedures ( XXXX RESPA Servicing Final Rule ) which prohibits dual tracking. Further, in accordance with Error Resolution Procedures as stated in 12 CFR 1024.35 A qualified written request that asserts an error relating to the  servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request. This is also goes on to say that the responsibility of the Servicer at this point is to resolve this notice of error Prior to the date of a foreclosure sale or within 30 days ( excluding legal public holidays, Saturdays, and Sundays ) after the servicer receives the notice of error, whichever is earlier. 

We are requesting a postponement of the foreclosure. The sale date for my home is XX/XX/XXXX. It is abundantly clear that it would be a huge error on the part of the Servicer and that I would suffer material harm if the foreclosure sale were not stopped. If the foreclosure action is not suspended, we will seek an injunction in the appropriate Court for injunctive relief to prevent such foreclosure and to ensure that all the appropriate rights and protections of the Mortgagor have been met.