Consumer complaint received 2025-04-30 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: PNC Bank N.A.
State: CA

Complaint narrative:
XX/XX/year> XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA, XXXX XXXX ( XXXX ) XXXX PNC BANK NA - Escalation Department XXXX XXXX XXXX XXXX XXXX XXXX  Subject : Request for Trustee Substitution Under California Civil Code 2934a , Article 28 of the Deed of Trust, FXXXX XXXX XXXX  Guidelines , and Consumer Financial Protection Laws Dear XXXX XXXX : I am writing to formally request the substitution of the current trustee managing the potential foreclosure of the property located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX currently encumbered by the XXXX XXXXbacked Deed of Trust XXXX for which I am the primary borrower and benefactor of the XXXX XXXX Revocable Borrower Acknowledment. 

It has come to my attention that the XXXX XXXX XXXX XXXX formally defaulted on the Deed of Trust of the primary borrower on XX/XX/year>, and currently owes the lender {$25000.00}. Additionally, this situation has clouded the title by removing XXXX XXXX XXXX from ownership of the Deed of Trust at the XXXX XXXX XXXX XXXX, raising serious concerns about transparency, borrower rights, and the integrity of the foreclosure process. 

Under XXXX XXXX  XXXX XXXX, the lender ( beneficiary ) has the authority to appoint a new trustee to oversee the foreclosure sale. Given the circumstances, I respectfully request that PNC Bank NA designate a new trustee independent of the defaulting successor trustee, XXXX XXXX XXXX XXXX to ensure compliance with foreclosure laws and borrower protections. 

Furthermore, because this loan is backed by Fannie Mae, foreclosure proceedings must comply with XXXX XXXX XXXXXXXX XXXX, including Part D of the Servicing Guide, which outlines lender responsibilities in foreclosure and title management available here. These guidelines require servicers to ensure fairness in trustee appointments, foreclosure proceedings, and title disputes affecting borrower rights. The improper removal of the primary borrowers ownership interest, combined with the trustees default, must be corrected immediately to restore compliance. 

Under Consumer Financial Protection Laws, including Regulation X ( 12 CFR Part 1024 ) of the Real Estate Settlement Procedures Act ( RESPA ) and the Dodd-Frank Act, lenders must ensure foreclosure actions are conducted fairly and prevent wrongful trustee appointments or foreclosure misconduct. The Consumer Financial Protection Bureau ( CFPB ) mandates servicers to take corrective action when borrower rights are impacted. 

Pursuant to the Deed of Trust at Article XXXX lender may, from time to time appoint appoint a Successor Trustee to any Trustee appointed under this security interest by an instrument executed and acknowleged by Lender and recorded in the office of Borrower, the instrument number on the book and page where this Security Instrument is recorded and the name of the original lender, Trustee and the name and address of successor trustee without conveyance of the property, successor trustee will suceed to a rights, title, power and duties conferred upon Trustee in this Security Instrument and by Applicable Law. This procedure for substitution of Trustee will govern to the exclusion of other provisions for substitution. 

Please note XXXX XXXX : I brought this remedy before you in XX/XX/year>, and your written correspondence did not address my request. Article XXXX means that the successor trustee will inherit all the rights, title, powers, and duties of the previous trustee without needing a formal property transfer or deed conveyance. In other words, the successor trustee takes over control of the trust and its assets automatically, rather than having to file additional documents to legally transfer ownership. 

Enforcement of Article 28 could avoid a foreclosure with the listing of my home and other remedies to be determined by PNC Bank NA.

Additionally, I have requested from you that the Legal Department handle my loan to ensure any further unfounded delays in this matter and it appears that occurred with my Article XXXX request in XXXX. 

Request for Title Correction Due to the improper removal of XXXX XXXX XXXX from ownership of the Deed of Trust, I formally request that the title be corrected and restored at the XXXX XXXX XXXX XXXX. However, pursuant to Article 28 of the Deed of Trust a Title Correction would not require a formal property transfer.

To ensure a timely resolution, I request written confirmation from PNC Bank NA regarding : The immediate substitution of the trustee, per California Civil Code 2934a. 

Corrective actions for the title dispute to restore the rightful owners interest, if applicable. 

Foreclosure compliance measures aligned with Fannie Mae and CFPB guidelines. 

Please provide confirmation within XXXX ( XXXX ) calendar days of receipt of this request. I appreciate your prompt attention and look forward to your response. 

You may contact me at XXXX XXXX XXXX XXXX XXXX XXXX if further information is required. 

Thank you for your continued professional courtesy, XXXX XXXX XXXX Primary Trustor and Beneficiary of the XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation