Consumer complaint received 2016-09-06
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: U.S. BANCORP (NY)

To whom this may concern. My name is XXXX XXXX and I am terrified that I may lose my home to foreclosure. US Bank has scheduled a foreclosure sale for XX/XX/XXXX. I have done all I know how to do and done all they asked me to do now resulting in an auction date instead of some kind of mortgage help or relief. 

I have been in a hardship, both emotionally and monetarily, but I have overcome both of those issues. I am now in the position of being able to afford my mortgage payments if US Bank would only give me the opportunity to get things back on track like I have been trying to do with them for a very long time. 

I have been pursuing a modification from them for months & months. The runaround I have undergone had been unbelievable. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' I have sent in the same documents over and over when requested to do so. How is it they did n't receive what they continually ask me for when I have confirmation of fax receipts? 1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' I have also experienced levels of discrimination, in my opinion, because of my XXXX. I am a XXXX female. When I have spoken to them in the past, trying to explain my hardship, I refer to the former co-borrower as " my wife '' ; the attitudes of account mgrs. seem to change. Why do they get condescending and get less interested in helping me because I 'm XXXX? Fair Debt Collection Practices Act FDCPA 806, Harassment or abuse 15 U.S.C. 1692d - US Bank has been rude, condescending and somewhat threatening when communicating with me regarding my mortgage. I do n't understand why US Bank feels the need to talk down to me or treat me so poorly. They treat me like a deadbeat and have no sympathy towards my hardship. 

I have had numerous account mgrs. throughout the process of trying to get the loan modified. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ''. Why was n't I assigned a single point of contact to assist me in saving my home? I was also told that I could n't get a modification because I was behind on payments. Is n't part of the modification process putting any arrearage on the back of the loan to give the homeowner a fresh start? I also have an interest rate of 7.25 %. If they would modify my loan and give me an interest rate that was decent, the payment amount would be at a level that would be affordable and I could maintain that payment. 7.25 % these days when mortgage rates are at an all time low is ludicrous and should be corrected. When the banks got bailed out in XX/XX/XXXX, they promised to help struggling homeowners and correct sub-prime rates, lower principles, etc. This appears to be just another example of " Big Banks '' just rolling over another homeowner for monetary gain. These foreclosure decisions seem to exclude any personal trauma they are creating by rendering the homeowner homeless. 

I have tried to do everything I know how to do. I am reaching out to anyone who can intervene in postponing the impending sale date of XX/XX/XXXX. I will have nowhere to go if US Bank is allowed to foreclose on my home that I love. 

Please help me!!! 
XXXX XXXX XXXX XXXX, NY