Consumer complaint received 12-12-2017 about Mortgage (Conventional home mortgage) with KONDAUR CAPITAL CORPORATION (TX).
Issue: Trouble during payment process

Complaint: XX/XX/XXXX After consulting with my Attorney XXXX XXXX ( Texas Bar Number : XXXX ) for the last 3 months ( as of XX/XX/XXXX ), disappointedly, he then felt that he could not adequately represent me in filing of my appeal to the Supreme Court which is in correlation to my Wrongful Eviction process. I am seeking mercy of the High Court regarding the " Wrongful Eviction '' executed by Kondaur tragically affecting myself and my family. Kondaur who has an overwhelming negative reputation and numerous of complaints with the CFPB association ( which Ive filled ), are responsible for myself and my family being Homeless and about to lose what is left of my personal possessions through storage. Even though they habitually violate Mortgage Servicing Regulations they continue to affect folks like me. Someone merely trying to maintain a healthy living lifestyle for my children and family, ( The American Dream ) an  opportunity awarded to everyone who engages the process. My Modification had been approved through XXXX for 13 months. I was advised by XXXX to begin to make my payments to Kondaur, whom accepted the payments. However, after the new payment was applied for {$1.00}, XXXX, via my bank check mail but it was returned at least 3 times. Soon their process to Foreclose resumed leading to the Wrongful EVICTION. After Kondaur knowingly caused the initial default by sending my payment back after accepting {$790.00} with the agreement with XXXX, then Kondaur reneged on the Modification they have agreed on XX/XX/XXXX. Following months of antagonizing missed court dates by Kondour, ultimately, they succeeded in what they set out to do, steal my home. The day of the actual horrifying Eviction, I returned to court to get the judges signature, on the already stamped Documents, which the court clerks said it was sufficient. However, it was not enough for Kondaur. It was that day XX/XX/XXXX following, filing several documents, including a Motion to Stay ; as I attempted to have the Judge sign it, the Constable showed up, and gave my elderly mom 5 minutes to gather my things and get out. 
FIVE MINUTES, after 10 years, and a more than {$22000.00} down Payment and thousands of dollars invested? This should never have happened. Due to a lay off, and a struggling economy, I was getting close to fulfilling my career goal as a full-time educator with XXXX XXXX in XXXX XXXX with specialization in XXXX. Obviously, Kondaur was only concerned about fulfilling their profits of stealing someones home who has worked hard to bill and keep for their family.

*The fact is that Kondaur was so anxious to 'Evict, ' they did not respect the date of the Court Hearing, which would have preceded the Eviction. Instead they Evicted and then went to court. Prior to this they ignored previous court dates. This travesty played out like a 'horror movie. ' It 's as if I was watching my life crumbling before my eyes, while I stood by being tortured, watching helplessly. The Constable told us to Leave the premises, as they half packed, half loaded, and half threw my life long Possessions on the Yard of my home, minus missing valuables. Less than a block away we sat in our vehicles. We could see the large black bags, and other items piled on top one another. After a few hours less than 5 hours to be exact, they shut down. At first, I thought well " at least everything is out. '' What a deception that was. Later, I passed that way to pick up my Kids from the neighbors, and saw XXXX XXXX, XXXX XXXX, ( after 2 weeks I was allowed in the kitchen ) ; it was then I realized that nothing ' worthwhile ever came from the kitchen. I had almost every type of major utensil and appliance one might have that  took years to accumulate. All lost, stolen!! With an exception of a few raggedy pots. 
*During the Eviction, Keys were neatly stacked on the table, ( to give the appearance of all is okay ), but my moms wallet was left laying wide open on the kitchen counter Still inside the house, Drivers License, found on the Ground. Later, we rented a huge truck, and spent over a week watching 'XXXX XXXX ' load, destroy and crush valuable furnishings, ( Too much to carry with us, with nowhere to go ). Absolutely debilitating to watch. At a distance I thought all my things were out. It was only then I assessed the situation, realizing that much of my Valuables were missing from jewelry to appliance, etc. 
*Later I saw XXXX XXXX there, getting ready for repairs and refurbishing, and the same woman, XXXX , who did the 'home evaluation ' a in XX/XX/XXXX. I never got that Report as I have request through Kondaur Capital, they stated what report- we do not have and Evaluation Report. Her crew was Carefully wrapping, and salvaging my expensive Kitchen Utensils that were worth hundreds to thousands of dollars. Their claim, they were taking it to the Dump? ( Why wrap them I ask )? I was mortified and further humiliated. As bad as EVICTION is, why not put All the folks stuff out and let them have a chance to salvage it, rather than recoup it for their personal, or business use. To put the icing on the cake. XXXX XXXX of XXXX XXXX, put a sign in the yard for sale while the property is under legal pursuit with my insurance company. 
I lost so much, Jewelry, Collectables, furnishing and other Valuables. This careless Barbaric Act could have been prevented. but they wanted the house from the moment XXXX XXXX, left the picture. They ignored the XXXX form the presented to me for forgiveness, never responded to the un-explainable lack of application of over {$30000.00} plus the {$22000.00} of which I received no credit. They claimed they ca n't find it, during this terrible process, many of my important Documents were either lost or destroyed by Rain, which did occur before we could get them off the premises to Storage. My Family and I have suffered so much, monetarily, emotionally, and physically. Not only can my kids no longer walk to and from the school bus stop, while I either walk, or watch them board the School Bus for the short ride to school. My son will lose his place in XXXX XXXX, ' the teachers, and familiar programs in place ; even though he has been progressing. This un-Godly act has placed undue hardships and pain on my/our lives. It is our plea that these people answer a call to justice for treating their clients so inhumanely, while engaging in illegal acts according to the Mortgage Servicing Rules and Regulations. Personally, I feel they 'stole ' my Property and sabotaged my documents to prevent perfect evidence from resurfacing. While further humiliating my family. 
In conclusion : Kondaur Capital, the mortgage company defaulted on an agreement that was made to XXXX ( previous lender ), and myself the homeowner. They simply did not want me in the home-period after they paid off XXXX. Consequently, they did not show up to defend themselves when ( the case XXXX went to District Court ) , that was a violation within itself. XXXX XXXX XXXX XXXX of the US XXXX District Court, asked after an hour in court, " Where is Kondaur Capital ''?! He stated they should be here, and released the case back to Bankruptcy Court ( file to prevent foreclosure-due to Kondaur Capital refusal to adhere to the modification agreement ). Kondaur claims they got the property back in Foreclosure. How could that be when the property has not been mandated back to XXXX XXXX XXXX District Court while it was still in the hands of XXXX XXXX XXXX court for several months. I attended the Foreclosure and stopped it due to the judge was reviewing the case to sign in my behalf. However, the Judge did not sign due to it had not been mandated back to District Court, XXXX XXXX XXXX as of XX/XX/XXXX. XXXX XXXX of XXXX XXXX XXXX  stated they were not going to Foreclose on XX/XX/XXXX at XXXX XXXX. However, Kondaur stated it was rewarded back to them (? ). Yes- Kondaur needs to be sued and the Realtor ( which played the role in mod and eviction ), as well as a few others. I also, believe that money and damages can be rewarded for their sabotaging and viscous behavior. What is clearly more important to me is that the Supreme Court needs to know what has happened to my family is currently happening to many others. The problem is that most people do not have the strength to fight back or have the know-how. However-We DO!! 

To add salt to my womb. Kondaur Capital sends me a letter dated XX/XX/XXXX, stating that I can save my home through loss mitigation options. Please view the attachments. 


Sincerely, XXXX

Company response to consumer: Closed with explanation