Consumer complaint received 2017-08-11
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage — 
Company: KEYCORP (NY)

To Whom It May Concern, I, XXXX XXXX XXXX, hired XXXX XXXX, in XX/XX/XXXX after receiving a Summons of Pending Foreclosure, dated XX/XX/XXXX concerning my home located at XXXX XXXX XXXX in XXXX, NY, a home I have lived in since XX/XX/XXXX. The Summons of Pending Foreclosure was initiated by a Law Group from XXXX, NY called XXXX, Such and XXXX representing Keybank. The Summons of Pending Foreclosure also included my son XXXX XXXX XXXX name and although he has experienced some credit issues, he was never associated with my home loan which was taken out the year he graduated from high school. In XX/XX/XXXX, I took out a second mortgage, Home Equity Line of Credit from Keybank for {$50000.00} with a variable rate. I never missed a payment nor was provided with updated loan information. In XX/XX/XXXX, Keybank stopped sending me mortgage statements and never provided me with any information concerning this matter until I received the Summons of Pending Foreclosure from XXXX, XXXX XXXX XXXX. I called Keybank on several occasions and was told that they couldnt speak with me due to it being in litigation. I knew then that I needed an attorney and hired XXXX XXXX to assist me with this matter. XXXX XXXX attempted to resolve the issue with XXXX, XXXX XXXX XXXX on several occasions prior to going to court. She sent me copies of letters that she mailed them on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, requesting information on the reinstatement of the mortgage. She never received a response. I then received a court date from the State of New York Supreme Court in XXXX County. Index No. XXXX. XXXX XXXX and I appeared in court before Judge XXXX XXXX XXXX, XXXX on XX/XX/XXXX. I had provided all necessary paperwork to XXXX XXXX prior to our court date. In court, all parties appeared to be concerned and confused regarding the situation and the case was adjourned for modification. I was summons to court again on XX/XX/XXXX. XXXX XXXX and I again appeared in court before Judge XXXX XXXX XXXX, XXXX. At that time, XXXX XXXX told XXXX XXXX that she hadnt completed the proper paperwork and that we would be unable to return to court. In XX/XX/XXXX, I received an Order of Reference in Mortgage Foreclosure from XXXX XXXX XXXX XXXX, XXXX Index No. XXXX, which ordered that XXXX XXXX XXXX, XXXX of XXXX XXXX was appointed Referee to ascertain and compute the amount due upon the bond ( s ) /note ( s ) and mortgage ( s ) being foreclosed in this action. XXXX XXXX assured me that she was handling the situation and told me to start sending payments to Keybank via her office from XX/XX/XXXX through XX/XX/XXXX. I sent {$1000.00} as my first payment and then sent {$600.00} per month. In XX/XX/XXXX, XXXX XXXX office was closed and I was unable to make contact with her. At that time, I began sending payments in myself. I later found out from XXXX XXXX XXXX XXXX XXXX, my bank, in late XXXX, that almost all of my checks were returned to my bank except two which appear to have been cashed by Keybank. I began sending my payments myself. I couldnt reach XXXX XXXX and I attempted to contact XXXX XXXX, the court appointed Referee and he said that my case was on hold due to XXXX XXXX not completing a mortgage modification. I met with another lawyer, XXXX XXXX, for a consultation in early XX/XX/XXXX, and when she called XXXX XXXX, he indicated that my case was on hold due to a bankruptcy. I never filed for a bankruptcy, however, I received a letter in the mail dated XX/XX/XXXX, addressed to me from the United States Bankruptcy Court in the District of Delaware regarding a Chapter XXXX Bankruptcy for XXXX XXXX, XXXX. The complete Notice of Final Report may be viewed by accessing the courts website at XXXX XXXX XXXX. I am unsure as to whether or not this has something to do with my aforementioned situation. I was unable to contact XXXX XXXX, whom has all of my records locked in her office, unable to obtain clarification from the court appointed Referee XXXX XXXX, and unable to find another attorney in this area that could take on a case appointed to XXXX XXXX. I contacted XXXX XXXX XXXX XXXX Chambers and was finally advised after being told over and over that they couldnt provide any legal advice, to contact the XXXX County Bar Association whom advised me to contact XXXX XXXX, XXXX. I am requesting either an appeal or continuance with this regards to the resolution of this matter. Interestingly enough, my credit score has not been impacted by this matter. Im questioning the validity of my original Home Equity Line Of Credit ( HELOC ) agreement with Keybank, whether or not Truth in Lending Act ( TILA ) violations have occurred, whether Ive been the victim of fraud, and how to go about resolving this matter. I have heard that XXXX,XX/XX/XXXXXXXX have been found to be guilty of robo-signing documents and fraudulent foreclosures in the article XXXX, XXXX XXXX XXXX  Fraudulent Foreclosure gets slammed by XXXX XXXX XXXX in XXXX, NY. I have read the Case : XXXX v. XXXX, XXXX XXXX XXXX XXXX, Dist. Court XXXX New York XX/XX/XXXX/Class Action-Collection of Unearned Legal Fees, Unincurred Costs States Claim Under FDCPA. I have read the case XXXX v. XXXX, XXXX XXXX XXXX from the United States District Court XXXX District of New York. I have read the case of XXXX v. XXXX, XXXX XXXX XXXX, XXXX.I have heard that there are Class Action Proceeds Against XXXX, XXXX  XXXX XXXX, XXXX, that they have been found to be in violation of the General Business Law 349, and that their firm has been sanctioned according to XXXX. Keybank has also been found to be in violation of various laws as shown in XXXX v. Pretend Lender-Keybank National et al. naming XXXX, XXXX XXXX  XXXX in its case. I believe that I have been the victim of foreclosure fraud and am disheartened by the fact that this case has been able to proceed through XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX and the State of New York Supreme Court of XXXX County without question. I am requesting help and assistance from either the NYS Bar Association or the Attorney General. Sincerely, XXXX XXXX XXXX