Consumer complaint received 2017-01-18
Product: Mortgage — Home equity loan or line of credit
Issue: Loan servicing, payments, escrow account — 
Company: PNC Bank N.A. (CA)

I obtained a HELOC from PNC Bank in XXXX. I filed bankruptcy in XXXX with a statement of Intent to keep the property and reinstate the loan. I continued making payments throughout the bankruptcy. The bank continued to send monthly statements until the bankruptcy was XXXX. According to my intent filed with the bankruptcy, I continued making payments without periodic statements for a year. During that time I requested in writing to PNC Bank to resume sending statements for several reasons : 1. ) I could n't see if the payments were credited to my accounts, 2. ) I could n't see if errors or extra charges were added to my account, 3. ) The HELOC contained two indices and interest rates varied on those indices. 4. ) I could n't see if the bank was guilty of conversion, 5. ) I was unsure if the monthly payment amount had changed, 6. ) I had no record of accounting on my payments, due dates, penalties, etc. and 7. ) I was n't sure if in a settlement with the government whether this loan was relieved ( as my sister 's loan was relieved ). I wrote and called the bank several times asking for statements. I received no answer. Finally I stopped paying for reasons of impracticability. I was able, willing, and had the money to pay, but for the reasons above was barred from paying. I finally got through to the bank in XXXX XXXX. I asked for a settlement in lieu of statements they would n't send. They refused to settle and sent me a payroll statement saying that 0.00 % interest would be charged on the loan until paid in full. I because totally XXXX on XXXX XXXX, XXXX. When the bank would call which was frequently, I was mostly incapable of answering. When I did speak to the bank, they refused to give me statements and they said they did not know the monthly payment amount. On XXXX XXXX, XXXX, I was having a particularly bad day cognitively. I told PNC Bank that at the moment I had no XXXX income which was because I had to fight with Worker 's Comp to send money due to me. On XXXX XXXX, XXXX, without due diligence, the bank recorded a Notice of Default with the county although they had never informed me that I was late or that they were going to record this. My XXXX symptoms including XXXX. I asked my family if this was legal. My sister told me to sue. With great difficulty and not much clarity, I filed suit in federal court on XXXX XXXX, XXXX. I was told that the XXXX XXXX in California favored sending monthly statements and that Bankruptcy code protected banks that had secured liens so that it was lawful to send monthly statements. I was also told that a new TILA law required banks to send monthly statements in XXXX XXXX. However, then I was told this did n't cover the section for HELOCs. However, a reading of the Federal Register Final Rule shows that the intent was only to exclude coupon books loans and small servicers. I ca n't afford an attorney as a XXXX person. I also want to save money won under Worker 's Comp to give to PNC Bank to save my home of 22 years. My XXXX parents have been living with me for over a year. My dad is a veteran who fought in XXXX and he had his leg amputated in XXXX XXXX. My son lives with me and he is XXXX. I have not seen even one case where a pro se plaintiff wins against any of the largest XXXX dollar banks. I feel no hope and i think XXXX. My doctors know this. I am on many medications. I need help and I 'm helpless. I ask the CFPB to fix the law regarding HELOCs that are secured by home. The bank should be made to send periodic statements. This is a second junior mortgage, but they are foreclosing all the same. Please help XXXX people from being evicted from their homes, when all they wanted to do was pay and were prevented by not receiving statements.