Consumer complaint received 2015-08-27
Product: Mortgage — FHA mortgage
Issue: Loan servicing, payments, escrow account — 
Company: CITIBANK, N.A. (FL)

Dear CFPB, Over the past year I have made multiple complaints to the CFPB regarding unlawful activity by loan servicer CitiMortgage. I am disappointed that the CFPB has failed to take action despite blatant disregard for the law. 
Most recently, CitiMortgage sold my home while I was protected by a Chapter XXXX bankruptcy filing ( and still am ). To date, they have not rescinded the sale of my home and have flagrantly abused the bankruptcy rules. 
At the time that the foreclosure sale was conducted on XX/XX/XXXX, CitiMortgage failed to comply with the XX/XX/XXXX Real Estate Settlement Procedures Act ( Regulation X ) and Truth in Lending Act ( Regulation Z ) Mortgage Servicing Final Rules. 
Although the coborrower assosciated with this loan has excellent credit and excellent wages, CitiMortgage has REFUSED to assist us. Beginning XX/XX/XXXX I requested the name of the creditor, the amount due, the date of default, the location of the note and any assignments so that I could validate/verify the debt. CitiMortgage refused to comply. 
Although CitiMortgage would have been paid in FULL- CitiMortgage REFUSED to provide accurate payoff amounts ( XXXX conflicting amounts ), refused to reveal the date of default, refused to provide the location of the note so we could review the note, and refused to provide the name of the creditor ( XXXX is not a creditor under TILA ). We had the option to sell our home if good title could be assured, could have refinanced the mortgage or paid off the mortgage in full. CitiMortgage stonewalled our attempts to do so. Furthermore, CitiMortgage claimed they would provide reinstatement numbers but failed to do so. 
Interestingly, CitiMortgage pursued foreclosure. In doing so, XXXX ( the guarantor ) received fewer proceeds because of the actions of CitiMortgage. The house sold at auction for XXXX whereas, we were willing to refinance or reinstate for a minimum of XXXX. Therefore, CitiMortgage 's actions resulted in XXXX less than they would have received had CitiMortgage had worked with us to satisfy any debt. 
Prior complaints I have filed include : * a revoked traditional ( in-house ) loan modification that was revoked without reason after I made the three timely payments in violation of the TARP agreement. I provided the 'approved repayment plan ' documents. CitiMortgage claimed that XXXX would not approve the modification but an inhouse modification does not require Fannie Mae approval. 
*CitiMortgage held our modifications in a suspense account for XXXX years instead of applying the funds to our account in violation of Regulation X. When I asked for these payments back after XXXX years, I was told that they had applied them to my account. These payments were made to modify a loan and should have been returned upon refusal to modify loan. 
*In violation of Regulation X, CitiMortgage has refused to follow good customer policies. I requested assistance XXXX XXXX to pay off any debt. Instead of assisting me to satisfy any debt, CitiMortgage engaged in poor customer service policies including stonewalling. 
Under Regulation X I had a right to obtain : the date the loan became delinquent, the creditor, an accurate payoff amount, and good customer service. 
It has now been over XXXX years since I made my last loan modification payment to CitiMortgage. 
Other issues we have had over the duration of this loan include : * CitiMortgage filed XXXX false proof of claims in my prior bankruptcy claiming they were the lender when they were only a servicer. The submission of fraudulent claims holds up to a {$500000.00} violation per incident. 
*CitiMortgage filed legal documents claiming to be the lender/creditor in court documents when they were merely a loan servicer. 
*CitiMortgage claims to have acquired the loan by merger when CitiMortgage merely acquired servicing rights for the underlying mortgage note.