Consumer complaint received 2024-07-31 00:00:00
Product: Mortgage — VA mortgage
Issue: Struggling to pay mortgage — An existing modification, forbearance plan, short sale, or other loss mitigation relief
Company: Commerce Home Mortgage, Inc
State: FL

Complaint narrative:
XX/XX/XXXX I was placed and approved for the XXXX XXXX XXXX It was renewed or extended in XX/XX/XXXX until XXXX of XXXX. XX/XX/1922 I received a call from the mortgage lender to come out of the forbearance. I was verbally told I was approved for the publicly available partial claim program and the paper work to sign would be sent.. I called in XXXX to follow up and was told a system error prevented the application process. They said I need to reapply.. offered me the exact same program. After being placed on hold to process the application the representative came back and said. The program was no longer available it had expired. I questioned this and the date of expiration. The rep claimed it was XXXX XXXX the day before I was approved the first time. A supervisor got on the phone and said my only options at that time were to accept the interest rate increase from XXXX to XXXX. Making my payment sky rocket to more than half of my XXXX income. I informed them that I wasnt in the position to pay that and wanted the Va option. Again. They insisted it was expired and not available to me. 
After a number of attempts to settle this per the VA guidelines the lender refused and lied. 

Because of the market and the rates being so high I refused to accept the rate knowing the Va had a program to help. The lender hired a foreclosure attorney and they filed foreclosure with no notice and failing to follow Va policy and guidelines related to foreclosure. 

I was never notified of pending foreclosure or attempt to file per Va policy from h Neither the lender or VA. After discovering I was served in XXXX of XXXX for foreclosure proceedings. I reached out to my Va rep XXXX XXXX. He asked why I didnt accept the partial claim program when it was available. I advised him what I was told only to be told and sent the documents that in fact it hadnt expired until XXXX XX/XX/XXXX. Well after I was told it had. The lender flat lied about it. 

When foreclosure was filed the lender failed to inform the court that I was in fact in a protected forbearance. They lied about how many payments were behind. I repeatedly reached out to the lender questioning why they didnt use the Va option. I was told by numerous people that no such program ever existed or it had expired before I called. I sent letters to corporate asking the same questions. Only to be told sorry not sorry. 

During the foreclosure I was offered an option for them to withdraw the foreclosure if I agreed to and made three on time payments if XXXX. Essentially the same exact offer that said was my only option in XXXX of XXXX. Due to my divorce I was not permitted to sign or agree to anything. They then used this as further evidence of default and proceede with the action. 

The Va placed a national moratorium on foreclosure. Putting together a new program to assist veterans. Internally the lender loan care stopped the action.. their lawyers didnt. As active fillings have been made since. 

The VA issued more guidance on what to do.. with an expiration date of XXXX XXXX XXXX the Va told me to wait for the lender to reach out and process it. They never did. Instead now insisting I can apply for a new modification. And accept the rate increase. Raising what I owned by XXXX plus k for their attorney fees, As of today Im still in an active forckouser as noted on my credit report. I can get a home equity loan or anything else to try and limit my loses. 
In a relataory situation the lender failed to pay. Y home oowners insurance bill. Instead they added in house insurance at a higher cost and caused me to own XXXX insurance money for failing to pay.

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