Consumer complaint received 04/28/2016 about Mortgage (Conventional fixed mortgage) with KONDAUR CAPITAL CORPORATION (NC).
Issue: Loan modification,collection,foreclosure

Complaint: To whom this may concern, My name is XXXX XXXX. My husband, XXXX XXXX and myself have lived in this house for the last 30 years and we are now terrified that Kondaur Capital is foreclosing on our house strictly for monetary gain without properly considering us for any kind of foreclosure alternatives. 

Our nightmare began in XXXX, when my husband lost his job and ended up in retirement as a result. Because of the loss of income, we got behind on our mortgage payments so we attempted to get a modification with XXXX. We went round & round with them for about 6 months getting nowhere. During that time my grandmother passed and willed me XXXX dollars. We decided to pay down the mortgage with XXXX so we would be current and our balance & monthly payments would go down. Within weeks of giving them a check for XXXX, they sold or transferred the mortgage to Kondaur Capital. 

We soon contacted Kondaur Capital explaining what had transpired with XXXX. Even though we had given XXXX XXXX, Kondaur told us we were still 6 mos. behind on our payments? How could that be after paying all that money that I had inherited? 

We started the modification process all over again with Kondaur. We sent in a complete modification package and began following up every week. Each time we would call we starting getting conflicting information about whether they had it or not ; some told us that the package was incomplete, phone calls were not being returned, etc. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) XXXX Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' We started to get the feeling that Kondaur was intentionally giving us the runaround ; potentially setting our mortgage up for foreclosure. Why else would they keep asking for the same documentation over & over ; some days they had what they needed the next time they did n't? XXXX ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' One day while checking on status of our modification I was told that we had become too delinquent on payments and they were not going to be able to help us and we were going in foreclosure. Are you kidding? When we started this with XXXX we were only 1 month behind and now, through no fault of ours, we 're too far behind? We were told not to make payments while in the review process for a modification. XXXX ( g ) Dual Tracking is prohibited. " Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure. 

XXXX Early intervention requirements for certain borrowers - I do n't feel that Kondaur has ever provided us with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. 
" CFPB 's mortgage servicing rules ensure that borrowers in trouble get a fair process to avoid foreclosure '', " borrowers should n't be surprised by the start of a foreclosure proceeding until they have had time to explore all available options ''. 

We now have a pre-foreclosure court date, XXXX XXXX, XXXX because we strongly feel Kondaur intentionally mishandled, mismanaged & steered this mortgage into foreclosure for no other reason than greed and monetary gain because of our substantial positive equity position. 

Because of where I work, I will also lose my job of 22 years if we are foreclosed on because of public perception. We are praying for someone to intervene and help save our house. 

Please help us!!! 
XXXX & XXXX XXXX XXXX, NC

Company response to consumer: Closed with explanation