Consumer complaint received 2015-04-28
Product: Mortgage — Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure — 
Company: Caliber Home Loans, Inc. (NY)

My complaint is with CALIBER HOME LOANS. We bought our home in XXXX. Our mortgage was with XXXX XXXX and then XXXX. With XXXX, in XXXX, my husband incurred an injury that required surgery and recovery time. During that time we never missed a mortgage payment. However we did miss a quarterly property tax payment. In XXXX XXXX XXXX sent us a letter that we had defaulted on our loan. We contacted them immediately to work out a way to catch up on the taxes ( still continuing to pay the mortgage payment ). At the time, they were very nice saying they had a whole department to help people like us and they would work with us to give us a loan modification. 
I submitted all paperwork and I continued to pay my monthly mortgage. In XXXX XXXX, XXXX told me to stop paying my mortgage. They said I no longer had a loan and my payments were not going toward my house. They never returned any payments I made either. I stopped paying. 
This dragged out for years as I was shifted to different people. With every shift I would start all over again. They still sent me monthly statements. XXXX I tried to pay my bill ( to show that I could and wanted to. ) They refused my payment XXXX times. 
After ups and downs and a meeting with the court, XXXX led me to believe I had fulfilled all their requirements, I had showed them I could afford the house and they said I could expect a loan modification in about a month. That never happened and XXXX XXXX, they informed me the were selling my house on XXXX XXXX, XXXX. After communications with our lawyer they canceled that sale date and for the first time XXXX sent us to the underwriter under HAMP guidelines. They said we should have a new loan within 14 days. 
Before the underwriter could complete the process, our loan was abruptly sold to CALIBER HOME LOANS. CALIBER said that they do n't participate in the HAMP loan program and promptly set a new sale date for our home of XXXX XXXX, XXXX. CALIBER sent me a letter on XXXX XXXX saying it was my right to request an independent review and during that time they could not continue foreclosure proceedings until the independent reviewer had made a determination. I immediately faxed them that that request. They received it and canceled the sale date. 
However on XXXX XXXX they set a new sale date of XXXX XXXX. I called them and said I had stopped the sale date and the foreclosure proceedings with an independent review ( they would n't tell me who was conducting the independent review ). I said surely they could not have conducted and made a determination between the letter they sent on the XXXX and the schedule of the new sale date on the XXXX??? They then said, actually, while they have a record of me faxing something over to them on XXXX XXXX, they could n't find my request for an independent review so none was being conducted and they were selling my house. I said, " but I stopped the XXXX XXXX sale with exercising my right to an independent review! If you got nothing, why did n't you sell my house on the XXXX?? '' The " supervisor '' on the phone said he did n't know why they canceled the sale date. He said there was something in the notes about an appeal of the denial but he said, " We are selling your house on the XXXX. There is nothing you can do ''. 
So on XXXX XXXX, I filed Chapter XXXX Bankruptcy to stop the sale. CALIBER has done nothing but lie and deny. They wo n't return calls, they loose paperwork, and they will not tell us who owns our note. They changed our monthly mortgage payment from {$2100.00} ( XXXX in XXXX XXXX ) to {$5700.00} ( CALIBER in XXXX XXXX ) but wo n't say why even though all our paperwork says our loan will not change even when the servicer changes. They gave me a primary contact person but he is never available to talk to and he wo n't return my calls. They do n't want my payments. They want my house.