Consumer complaint received 2017-09-11
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Caliber Home Loans, Inc. (GA)

XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX ( XXXX ) contacted us via mail, we responded, spoke w XXXX XXXX, and went through a qualification process. We were contacted next by the Senior Underwriter, XXXX XXXX on XX/XX/XXXX, who told us that he had spent several days on our file, had contacted our Mortgage company, Caliber Home Loans, and negotiated a restructure of our existing loan with the following terms : 2-3 percent, 30 yr fixed, and arrearages forgiven. He spoke with both my husband and me and told us this was done ( we had a complete modification pkg in at the time with Caliber and it was in underwriting ). I sent a letter of confirmation stating the terms quoted to XXXX. Next XXXX XXXX told us XXXX would sent a Cease and Desist letter to Caliber in our behalf, and a contract. She asked for three monthly payments for " performance trial payments '' for XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX totaling {$1200.00} per month. We made all of our payments. I have copies of all of the cashier s checks, as well as the tracking number information of receipt of same. She said we would receive an award letter at the end of three months, and the restructured loan document. The Senior Processor, XXXX XXXX spoke several times to us, said forward any correspondence from Caliber to him, until XX/XX/XXXX and cashier 's checks to XXXX, to XXXX XXXX. 
Meanwhile, we received an approved modification agreement from Caliber on XXXX XXXX, XXXX, which was an interest only, 5 yr loan from XXXX XXXX, rather that Caliber. The agreement needed to be signed and returned by XX/XX/XXXX, and we did not received it until XX/XX/XXXX. I contacted XXXX, and they encouraged me that the negotiated loan was more in our interest. 
XXXX XXXX told me to forward their agreement to him. Recently in XX/XX/XXXX, we received a verification of claim amount, and then a Notice of Power under Sale from XXXX XXXX of a sale date of XX/XX/XXXX. I forwarded these to XXXX XXXX at XXXX. i made several calls, daily, w no return calls. I emailed XXXX XXXX at XXXXXXXXXXXX He told me that he would " Look into it. '' I emailed him several times, and there has been no action : at one point, he sent a second email, stating " please forgive me, I will reach out to you in 48 hours. '' There has been no response via phone or email from XXXX. 
i next contacted XXXX XXXX, XXXX @ XXXXXXXXXXXX who advised me to call Caliber that day, and find out if XXXX had forwarded our payments to Caliber. 
CALIBER They had no record of our payments, nor of a negotiated restructure of our loan. 
Caliber told us that our offered modification agreement from them expired XX/XX/XXXX, and to send a new application package in " tomorrow. '' I spent an entire day getting our application package ready, and uploaded the documents to Caliber. 
I spoke several times with different representatives, XXXX, XXXX XXXX, and XXXX. Each time they informed me that there is " no sale date. '' Our application pkg was acknowledged, and a couple of documents were requested at approximately on or about XXXX XXXX on XX/XX/XXXX, which i gathered to upload within the hour. I knew that the regulation X law protected us from " dual tracking '' which was in play. I had also documented in a memo to Caliber, that I had been told there was " no sale date. '' by the Caliber representatives, previously mentioned with their ID no. s I tried to upload the requested documents, and was blocked, then I called Caliber and they told me that they " must have just place a sale date in their system ( after I noticed them in a memo ) ; and now they '' won t review my application. '' I believe this is deceit according the the fair debt practices act, and the federal regulations. 

I believe that first XXXX deceived us, and has received our payments. 
XXXX needs to instantur return all of our payments. 

Secondly, CALIBER has told us " no sale date, '' while their law firm has told us the opposite. They are both debt collectors, and must be in communication. This is against the FDPA, and federal guide lines. 

CALIBER needs to instantur rescind the Sale date ; XXXX XXXX  needs to instantur rescind the Sale date.. 

With all of this deceit, I believe that we should be given that which was promised by XXXX- a 30 year fixed loan, at 2-3 per cent interest, with arrearages forgiven. 

This complaint is documented in order that we retain our family home of 26 years, and hopefully no other family experiences this.