Consumer complaint received 2025-06-18 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — An existing modification, forbearance plan, short sale, or other loss mitigation relief
Company: Freedom Mortgage Company
State: MT

Complaint narrative:
Complaint Narrative : I am the confirmed successor in interest for my late partners mortgage loan with Freedom Mortgage. I submitted the required documents ( death certificate, probate documents, etc. ) in early XX/XX/year>. On XX/XX/year>, Freedom Mortgage formally acknowledged me as the legal successor in interest and informed me that foreclosure was paused while I worked with their loss mitigation department to assume the loan and recreate a previously offered loan modification. 

I had already made all trial payments under that prior modification, as advised by Freedom Mortgage representatives. After receiving the modification paperwork in XXXX, I sought legal counsel to confirm whether I could sign as the personal representative of the estate. I communicated the urgency of the timeline repeatedly. Unfortunately, I was not advised against signing until after XXXX XXXX  on the final day of the signing windowat which point the opportunity to submit the documents had closed, and the foreclosure process proceeded unnecessarily. 

Despite this, I followed every instruction from Freedom Mortgage. On XX/XX/XXXX, I spoke with a representative who asked me to upload documentation via the online portal through my late partners login. I complied immediately and was told I would be added to the account as successor in interest within XXXX days. Yet on XX/XX/XXXX, Freedom Mortgage and their legal counsel, XXXX XXXX XXXX XXXX, filed a Notice of Trustee Sale. Incredibly, on that same day, I received a letter from Freedom stating Sorry for your loss and asking if I knew of any successors in interestdespite having submitted this information multiple times, both online and via certified FedEx.

This appears to be a violation of the Germain Act, which requires mortgage servicers to engage in good faith with confirmed or pending successors in interest and to pause foreclosure proceedings during that process. It also appears to violate CFPB rules against dual tracking, as I was actively communicating and submitting documents while foreclosure actions were still moving forward behind the scenes. 

Then, on XX/XX/XXXX, Freedom Mortgage or its legal representative filed an affidavit of publication, publicly listing my home as being in foreclosure/auction status. This occurred after I had been formally confirmed as the successor, after I had been told foreclosure was paused, and while I was working directly with the loss mitigation department.

No one at Freedom Mortgageor their legal counselhas taken the time or care to understand the full picture. I made the trial payments. I am the legal successor in interest. I am fully able and willing to continue making the modified mortgage payments. This foreclosure is not only unnecessaryit is unjustified. The mortgage was solely managed by my spouse, by choice, but I am now prepared to take full responsibility. Yet the foreclosure process continues to advance, contrary to both fact and logic.

I am also managing an estate with significant assetsmultiple properties, a high-value business with extensive physical inventorywhile grieving the loss of my spouse of 17 years and managing a full-time career. My partners health decline led to financial burdens that were kept from me out of love and protection. While liquid funds are currently limited, this is not a financial crisisit is a complex estate issue. I explained these circumstances clearly to Freedom Mortgage in XXXX, both verbally and in writing. Still, no one has adjusted their process to accommodate this uniquely human and legal situation. I am being treated as a routine default when I am anything but. 

This has not only created legal and financial confusionit has led to trespassing and safety concerns, with individuals attempting to photograph my home through the windows. In the XXXX hours since the affidavit was filed, these incidents have increased. Some solicitors even stated they were referred to the home by the Utah law firm involved. This is a violation of my privacy, safety, and dignity. 

I have acted in full faith and complied with every request made by Freedom Mortgage. Yet the foreclosure action remains publicly listedagainst federal protections, the intent of the Germain Act, and any basic sense of fairness or human decency.

Additional Note : As the surviving spouse and confirmed successor in interest, I have done everything required : submitted documentation, made payments, and remained in consistent communication. And yet, the rights afforded to me in this role remain deeply unclear. This experience has exposed how broken the system is for surviving spouses and non-borrowing partners. Instead of clarity and compassion, Ive been met with contradictions, delays, and bureaucratic barriers.

I feel backed into a corner by a large mortgage corporation that should have clear, empathetic processes for situations like mine. Instead, Ive been forced to navigate a maze of confusing procedures, where even basic communication is difficult. This isnt just a paperwork issueits a systemic failure that deepens grief with fear and uncertainty.

I dont know if this complaint is even the correct legal channelI only know Ive done everything asked of me and have nowhere else to turn. I need help. I need someone to care enough to make this right. 

Ive attached the affidavit of publication that was filed on XX/XX/year>, to this complaint and can provide any additional documentation needed to support this case.

Legal Standing : As the confirmed successor in interest, personal representative of the estate, and surviving spouse under Montana law, I am fully authorized to manage this matter and preserve the estates assets. I have the legal right to assume the loan and protect this home, and I reserve the right to pursue all available legal remedies under state and federal law if this situation is not resolved appropriately. I am actively consulting with legal counsel and will continue to assert every protection available to me under XXXX probate code and consumer protection statutes, in addition to federal regulations such as RESPA, the CFPB 's servicing rules, and the Germain Act.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation