Consumer complaint received 2021-09-08
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage — 
Company: CITY NATIONAL BANK (CA)

XXXX Heloc loan removal of lien on home charged off and closed in XX/XX/XXXX/XX/XX/XXXX without our knowledge City National Bank XXXX XXXX a HELOC loan was opened with City National Bank {$87000.00}. 

In XXXX a financial credit advisor brought to our attention that CNB had charged off and closed the loan in XX/XX/XXXX from looking at our credit reports. We had absolutely NO idea about this for we had never received any notification or explanation as to why it was closed and charged off as we were making regular payments. On the payment history form it shows a charge off XX/XX/XXXX and XX/XX/XXXX, XXXX took place after it shows us late in XXXX. During this time the recession was happening and 2nd mortgages/HELOC 's were being discharged. Due to financial hardships our last payment was made in XX/XX/XXXX. Old Credit report show account charged off/closed and XXXX balance due. 

In summer XXXX we were attempting to refi our home when we were informed there is a lien from CNB on our home. Once again, no idea this was on the title to our home and have not received communication from them in years. I researched the XXXX COUNTY court system for any liens, lawsuits, judgements, transfer of loan or anything relating to CNB in our names and there is absolutely nothing listed. Also, Statute of Limitations has expired in XX/XX/XXXX. 

We have hit financial hardship since XXXX and trying to stay afloat since there has been loss of jobs and closing of companies. We are trying to get a lower mortgage payment. 
When I had tried to gather any information I was informed I could only speak to XXXX XXXX ( City National Loan Officer ). Ms. XXXX has been challenging in the past and we had found out has some sort of internal notes in our file ( per vp of entertainment loans at the time ). Example : In XX/XX/XXXX we had a cashiers check we put in our CNB account. Ms. XXXX decided upon herself to hold the cashiers check for 10 days. The origin bank sent over a letter stating the funds were good since it was a cashiers check and tried calling Ms. XXXX whom refused to take the call. This caused our XXXX payment to be late and hit our credit report. I had sent a letter to a higher up explaining what was taking place..no response. Furthermore, an attempt to get a business loan in XXXX was denied based on whatever notes Ms. XXXX placed in our file. In XX/XX/XXXX, I sent a letter to the CEO via mail with no response. 

Summer XXXX I had spoken to several different CNB employees whom stated that only XXXX XXXX is allowed to deal with our loan. I also have been advised that any CNB/bank employee is able to discuss. So once again not sure what internal notes she has written in the system.

We had written a letter to CNB requesting a reconveyance per Civil Code 2914 of our property in XX/XX/XXXX. CNB replied back with a " as requested '' payoff demand letter. No such request was made by us. This is false and unlawful reply. I sent back a letter stating this and requesting once again a reply regarding the reconveyance.

CNB reply was the same thing " as requested '' payoff demand letter this time they stated the XXXX does not apply to them. ( Which is four years in the state of California confirmed with legal consultation ) CNB than added 'SOL does not apply to CNB ' however, does not appear in any other statement.

I am requesting full account of payments, where the payments went to that we were making and any that show a 6 month delinquent accountability, when and whom placed the lien on the home and why. 

Furthermore, we have taken substantial pay loss since XXXX and continue to do so over the years and furthermore with the pandemic. We have over $ XXXX in credit card and loan debt that we have insufficient funds. Another job loss is taking place and unemployment is behind. We have had and continue to have medical issues as well. We have had to sell one of our cars and many other personal assets to help make ends meet.