Consumer complaint received 2016-08-05 00:00:00
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: VANDERBILT MORTGAGE & FINANCE, INC
State: NC

Complaint narrative:
To whom this may concern, my name is XXXX XXXX. I live with my wife and XXXX children in XXXX, NC. We have lived here for 9 years. We are terrified that we may lose our home to foreclosure. They have issued an auction date for XXXX XXXX, 2016. Our mortgage servicer is Vanderbilt Mortgage and they have been a complete nightmare to deal with. 

We have done everything we know how to do and everything they asked from us but the continuous request for documentation over & over again has been costly and exhausting. 1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' We have been trying for months to get a loan modification but the never ending submitting of documentation and never being able to speak to the same person twice is not only frustrating but is wearing on our health ; the stress has been overwhelming not knowing if Vanderbilt is going to take our house. One day we were told we could get a refinance and the next day told they do n't do refinances??? Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' We have had several account managers throughout the process and we end up starting over with every new person that we talk to. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ''. Why were n't we assigned a single point of contact to assist us in saving our home? 

We spoke to a XXXX at Vanderbilt one particular time and he told us that our house payment was more important that our daughter attending school and that we should keep her out of school so we could make our mortgage payment. Fair Debt Collection Practices Act FDCPA 806, Harassment or abuse 15 U.S.C. 1692d - Vanderbilt has been very rude and threatening when communicating with us regarding our mortgage. I do n't understand why Vanderbilt ( XXXX ) feels the need to talk down to us or treat us so poorly. They treat us like deadbeats and have no sympathy towards our hardships. 

We received the " notice of auction '' when we were still attempting to get a modification. How can that be? 1024.41 ( 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. 

1024.39 Early intervention requirements for certain borrowers - We do n't feel that Vanderbilt has ever provided us with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. 
It appears, without a doubt, Vanderbilt has violated numerous servicing laws set up to protect mortgagers under the Wall St. Reform & Consumer Protection Act. 

Please help us postpone the sale date of XXXX XXXX, 2016 so we can submit a new financial package to them showing Vanderbilt we can afford our house, we just need assistance getting it back on track. The interest rate is 9.25 % ; we also need an interest rate that is decent, in line with current mortgage rates. My wife and I are now XXXX and would have nowhere to go and no means to go anywhere if they foreclose on our house. 


Please help us!!! 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC

Company response to consumer: Closed with explanation