Caliber Home Loans, Inc.
Consumer Complaints
There are over 3498 complaints on file for Caliber Home Loans, Inc.. Dated between 2019-12-02 and 2012-02-14.
Complaints Page 10
2019-04-23
MI
Trouble during payment process
Mortgage: VA mortgage
Complaint: Dear CFPB, Please find my complaint against Caliber Home Loans , Inc. ( Caliber ) for deceptive business practices, failure to communicate on financial terms ; and possible unlawful trading of unregulated securities using my home, my name, my signature and my reputation without any disclosures or my consent.
In XX/XX/XXXX I signed a mortgage loan XXXX with XXXX XXXX XXXX ( XXXX ) who offered me monthly payments of {$890.00}. The Loan Disclosure Statement never mentioned that my loan will be converted into numerous securities and simultaneously resold many times as a number of separate trading products, like derivatives.
In XX/XX/XXXX XXXX sold my mortgage to Caliber who started manipulating with my mortgage payments shortly after accrued the loan, which I suspect was sold and resold many times behind my back, without any disclosures or my consent.
It is not a secret that after the loan closing the debt is split up into many pieces to create the fake securitization scheme. Banks make at least $ 2-3 million trading profits on each {$100000.00} loan by secretly reselling the same loan multiply times without any disclosures to the homeowners or sharing any benefits from trades, via empty nonexistent trusts represented by a trustee with no trustee duties and a servicer whose authority derives from the nonexistent trust. Those trading profits derived strictly because they were trading on the signature of the borrower, together with the borrowers home, name and reputation, without disclosure to the borrower of compensation to be received arising from the origination of the loan and without consent from the borrower to trade on his/her name. The entire scheme depends completely on concealing the fact that the loan is the cornerstone of a much larger scheme wherein the players are going to make money in multiples of the amount loaned. In fact, borrowers, like myself, who signed papers were in fact unknowingly issuing unregulated securities for the sole benefit of investment banks.
I am not surprised. Calibers Chief Executive Officer Mr. XXXX XXXX previously worked with XXXX XXXX ; and served as the Chief Executive Officer and President of XXXX , XXXX since XX/XX/XXXX until XX/XX/XXXX. Mr. XXXX worked with XXXX 's global securitized markets business. He served for several years for XXXX XXXX and was involved in institutional securities marketing at XXXX XXXX. He served as Managing Director at XXXX XXXX XXXX XXXX ( Equities ) Division.
According to XX/XX/XXXX Report from a House Financial Services Committee, XXXX XXXX and XXXX are still involved in the wide-spree crime scheme, which particularly included mortgage-backed securities fraud, and illegal derivatives trading.
Based on Calibers servicing activities on my loan, and negative reviews from other customers, I am highly suspicious that Caliber is involved in similar transactions.
From the beginning of its servicing activities Caliber systemically violated their duties to disclose and refused to communicate with me when I specifically ask for explanations about payments changes.
After several months of {$890.00} payments, Caliber reduced my monthly bill to {$790.00}, without any explanation about this change.
On XX/XX/XXXX Caliber sent me an Annual Escrow Account Disclosure Statement where they said that my new monthly payment will be {$1000.00} due to escrow shortage while none of my mortgage terms or other payments were not changed. It is a well-known Escrow Shortage Scam conducted by Servicers to accumulate additional funds for their benefits by unjust overcharging customers. In my situation, the difference between my actual mortgage payment with principal and interest is only {$600.00}, while Caliber tried to collect from me {$1000.00}, which is almost two time more.
I tried to communicate with Caliber about this shortage without any accord, so I had to submit a Complaint with CFPB and Caliber reduced my monthly statement from {$1000.00} to {$950.00} again, without any explanations.
In XX/XX/XXXX I received two important documents from FEMA and Countys Tax Assessors office which significantly reduced my escrow balance. FEMA sent me a Map Amendment Letter which allowed me to remove {$1100.00} for flood insurance ; and The Assessor reduced my property taxes as a veteran.
On XX/XX/XXXX I sent a letter to Caliber, along with supporting documents, asking to remove these charges from my mortgage bill and adjust my escrow. My monthly statements are usually coming on 11th of each month, so Caliber had plenty of time to recalculate my payments for XX/XX/XXXX statement.
Caliber never acknowledged the receipt of my letter, failed to make adjustment, and continued to charge me {$950.00} in XXXX while Flood Insurance much be removed.
On XX/XX/XXXX I sent a second letter to Caliber, again asking to adjust my escrow. Caliber failed to respond or acknowledge receipt of my letter but reduced my monthly statement to {$850.00}.
The flood insurance was {$1100.00}, which is {$98.00} per month. Caliber calculation of {$950.00} - {$850.00} makes it {$95.00} per month, which they deducted from my escrow, which is {$2.00} difference, in favor of Caliber of course. This is a small amount of money, but if Caliber has at least 100,000 customers and regularly overcharge them by at least by {$2.00}, it brings Caliber a handsome unearned profit of {$270000.00} per month, just by manipulating borrowers escrow funds, besides overcharging me by {$98.00} in XXXX, when Caliber knew that FEMA flood insurance was removed but still charged me for it anyway.
On XX/XX/XXXX I again sent Caliber a letter asking to explain, itemize and recalculate my escrow account.
As of today Caliber refused to communicate with me and never responded to my request numerous for explanations and itemization of payments. Calibers relentless overcharges and manipulations with my loan which put me under constant stress and undue intentional and negligent infliction of emotional distress I paid a substantial amount in closing costs and will pay about {$90000.00} to use this mortgage ; so I am entitled to be informed about all operations conducted by lender and their representatives, including the full disclosure of terms under TILA.
I respectfully request CFPB to order Caliber to disclose me following information, as required by TILA : 1. When my loan was converted into a security and why they never provide me any disclosures or asked for my consent ; 2. The name of the XXXX XXXX which currently holds my mortgage and Note as a security instrument ; 3. The name is the current Trustee for the Trust ; 4. Copies of valid registration with SEC and IRS ( Pub 938 ) ; 5. Copies of a valid Pooling and Servicing Agreement for ALL Trusts who ever held my loan as a security.
6. How many securities, derivatives or other products were created based on my loan, my home, my name, my signature and my reputation ; 7. How many times my home was resold as securities ; to how many investors ; and how much profits Caliber and other parties received from trading on my loan, my house, my name and my reputation.
8. Why Caliber never made any disclosures regarding converting my home into a security and about compensation they received from trading 9. How my mortgage payment was calculated and why Caliber refused to adjust the escrow amount according to recent changes in FEMAs insurance and taxes.
10. Order Caliber to refund me any overpayments on my escrow ; disclose amount of trading profits ; and pay me a fair share from their
Company Response: Closed with explanation
2019-04-20
Beryl, AR
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-04-16
Grosse Ile, MI
Incorrect information on your report
Mortgage: FHA mortgage
Complaint: I paid my mortgage payment on time in the beginning of XXXX and my payment was not processed. I was forced to pay my payment 3 times in order for it to show with Caliber home loans. My loan # is XXXX and the ph # is XXXX. The payment finally posted in XXXX and now I have a 30 day late on my credit report. I have email confirmations of when I paid the payments. All I ask is the deliquency be removed off my credit report.
Company Response: Closed with explanation
2019-04-16
Douglas, MI
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: My mortgage company claims that I did not make my XX/XX/2019 payment of {$980.00}. The money was drafted from my credit union account on XX/XX/2019. I have repeatedly called Caliber, the mortgage company, as well as written a letter and emailed them. Nobody will take the time to listen or investigate. This has caused many sleepless nights and much follow- up time on my part. My home is very important to me, as is my credit rating. Their error is costing me both, and they answer my queries in a very superficial way, in effect labeling me confused or worse yet, dishonest.
I have included a copy of my payment history record for the month of XXXX, 2019. This was provided by the mortgage company. In XXXX there are nine transactions for {$980.00}, the amount of my mortgage payment.
The first transaction was on XXXX first. Because I was a little short for the payment I requested that they apply their promise program to give me a weeks grace period and they agreed. I handled this over the phone and the representative said he had rescheduled my payment for XX/XX/XXXX.
The representative apparently rescheduled the payment but did not cancel the original withdrawal. They tried to withdraw the {$980.00} twice, once on XX/XX/XXXX and again on XX/XX/XXXX. Both payments bounced. They processed a payment reversal on XX/XX/XXXX and again on XX/XX/XXXX. These four transactions offset.
There were two transactions for the same {$980.00} amount to unapplied funds. One was positive one negative so they too, offset.
On XX/XX/2019 there is a {$980.00} transaction recorded as a cash receipt. THIS IS THE PAYMENT DRAFTED FROM MY CREDIT UNION!!!! THIS IS MY XXXX MORTGAGE PAYMENT!!! However they did not record it as interest and principle, which is how they record all monthly mortgage payments.
On XX/XX/XXXX, this amount was subtracted and listed as a {$980.00} escrow refund. In effect they increased the amount in my escrow account by the amount of my XXXX payment. I just received a letter from them saying my monthly escrow payment would be decreased due to the high balance in my escrow account.
The end result is they took the cash they received for my XXXX mortgage payment and applied it to my escrow account. They then claim that I never made a XXXX mortgage payment, and are assessing me late fees for not making a payment. I have to be the only person in the world that forgoes paying my mortgage to make a deposit equal to my mortgage payment into my escrow account.
I am including a copy of this payment history details provided by the mortgage company, and my credit union statement showing the payment left my account.
I can provide my payment history from Caliber Home Loans as proof that they have messed up as well as my XXXX bank statement to reiterate that the money was taken from my account.
Company Response: Closed with explanation
2019-04-10
Aventura, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-04-10
Burmester, UT
Problem with a credit reporting company's investigation into an existing problem
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Their investigation did not fix an error on your report
Complaint: On XX/XX/XXXX I filed a CFPB complaint on Caliber Home Loans , Inc. to investigate why I received a 30 late payment on my credit report. The claim was not corrected and this 30 day late payment should not be on my credit report. Therefore, I am refiling a CFPB and respectfully requesting that Caliber Home Loans , Inc., pull all phone records wherein you will find that I was told by the representative that there would not be a late payment reported on my credit report. I submitted all of the required documents pursuant to the website check list and I received a letter on XX/XX/XXXX stating they would offer me an opportunity to enter into the FHA HAMP program. I had to contact Caliber in writing by XX/XX/XXXX. I sent all of the documentation on XX/XX/XXXX. In order to accept this offer I also had to make a payment by XX/XX/XXXX, however I made my first payment earlier than that on XX/XX/XXXX. I entered into this program, I followed all of their instructions including when to pay, and I was told I wouldnt have another payment for two months. However, I am on auto draft and they were suppose to take out my payment according to their new schedule. They didn't apply a payment to the correct date and now Im being reported late on my credit report. Late for XXXX and XXXX, 2018. These were the two months that I was suppose to be entered into this program and I was told I didnt have to make a payment. This incorrect reporting is harming my credit score.
Company Response: Closed with explanation
2019-04-10
Haymarket, VA
Closing on a mortgage
Mortgage: VA mortgage
Company Response: Closed with explanation
2019-04-09
Warwick, RI
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2019-04-07
Shelby Township, MI
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-04-05
Burbank, CA
Trouble during payment process
Mortgage: FHA mortgage
Complaint: On XX/XX/XXXX, I signed a promise to pay for {$310000.00} with XXXX XXXX XXXX XXXX XXXX which sold it to XXXX XXXX on XX/XX/XXXX. ( Exhibit 1 attached ) Since then XXXX has not sold nor assigned the loan to any other company or servicer and nothing has been recorded on the Title of my property by XXXX.
We now have 3 or 4 companies claiming to own the mortgage, including XXXX XXXX XXXX, XXXX. themselves, then acting as a Trustee for LSF9 Master Participation Trust ( XXXX XXXX XXXX ), and Caliber as the " Servicer '' and Principal.
An Assignment of Deed of Trust was recorded on XX/XX/XXXX, signed by Caliber Home Loans assigning the beneficial interest under the Deed of Trust to XXXX XXXX XXXX. Caliber had no authority to assign anything to anyone so that is dead in the water and null and void, not even " voidable ''.
These companies have filed at least 3 different Proofs of Claim ( POC ) the Chapter XXXX Bankruptcy I filed in XXXX of XXXX, and my wife filed in XXXX of XXXX and we have disputed every single one.
Caliber alleges it began servicing my loan on XX/XX/XXXX but did not even apply the payments I made on XX/XX/XXXX correctly. These were 3 payments for {$1500.00} I made to the previous " servicer '' called XXXX. They have the evidence and keep denying it.
My loan was modified in XXXX under the HAMP program. XXXX caused a fraudulent notice of default and subsequently a notice of trustees sale to be recorded on the title of my property which were both rescinded and expunged from Title.
XXXX did not transfer my payments to Caliber until XX/XX/XXXX as you can see in the first payment Caliber applied to their spreadsheet.
Since Caliber allegedly took over the " servicing '' of my loan they did not properly apply my post-petition payments The Debtors Status Report that the Chapter XXXX bankruptcy trustee filed in your bankruptcy case on XX/XX/XXXX attached proves that I was paid up and current on all my Trustee payments to XXXX XXXX XXXX, and we still have not received a XXXX from XXXX XXXX XXXX. ( See Exhibit 2 attached ). I even have {$1000.00} in suspense.
This case is now before the XXXX XXXX Bankruptcy XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX.
Caliber uses a third-party website called Auction dot come [ sic ] to fly drones near XXXX XXXX and to publish information regarding the foreclosure sale my property which is unlawful.
They claim that " Caliber is not affiliated with auction.com and did not instruct or authorize it to take pictures of the property with drones. Second, and as explained before, California Civil Code 2924f requires Caliber to provide up-to-date foreclosure sale information to the public. Caliber uses XXXX to publish information regarding the foreclosure sale of the property. '' Alleged Dual Tracking. A recent loan modification package has been submitted and of course Caliber continues to say it is " an incomplete loan modification application from your representative at XXXX XXXX XXXX XXXX XXXX ( XXXX ) on XX/XX/XXXX ... Furthermore, your application remains incomplete ; enclosed is Calibers counsels correspondence to XXXX listing the documentation still needed. '' The foreclosure proceedings are currently on hold as a result of XXXX XXXX pending bankruptcy case. XXXX XXXX XXXX XXXX XXXX. XXXX but Caliber has failed to appear in my pending appeal in the XXXX XXXX XXXX XXXX XXXX. They now claim that Caliber is not a party to your appeal and does not need to make an appearance. But yet Caliber is the Servicer?
Company Response: Closed with explanation
2019-04-04
Incorrect information on your report
Mortgage: Conventional home mortgage
Company Response: Closed with non-monetary relief
2019-04-04
Jupiter, FL
Closing on a mortgage
Mortgage: Conventional home mortgage
Complaint: I am the Borrower on my loan and I discovered that Caliber Home Loans has been discussing and giving out information on my loan to an unauthorized party without my permission. The party actually tried to do a contract of sale without my knowledge with a co-borrower who released all of her rights to the property in a court action. I contacted Caliber today and they acknowledged who ordered the payoff XXXX XXXX XXXX, XXXX XXXX @ XXXX.
I spoke to Caliber and then I learned that this company was on my account since XX/XX/2019 without my knowledge or permission.
They have been hired by a person name XXXX XXXX who is not on the mortgage or the note.
Caliber has no right to give out information on my loan and these people actually tried to have sale on my home without my permission. My mortgage is current paid every month on time.
Company Response: Closed with explanation
2019-04-03
Brooklyn, NY
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-04-03
Palm Desert, CA
Trouble during payment process
Mortgage: FHA mortgage
Company Response: Closed with explanation
2019-04-03
Bellaire, TX
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: This is the second complaint. Caliber Home Loans is committing ongoing escrow fraud which is very tiresome. They don't respond to letters or phone calls or emails.
( 1 ) PMI should be removed. We paid {$300.00} in XX/XX/XXXX for an appraisal which valued our home at {$370000.00} ( their fraudulent BPO said $ XXXX which is laughable ).
( 2 ) escrow fraud. We were never reimbursed for homeowner 's insurance despite the company continuing to collect for insurance in the escrow. As a further insult their XX/XX/XXXX purported new escrow calculation assumes PMI into XXXX - this is false. Under the 1998 PMI Act, PMI must be removed in XX/XX/XXXX, so how can they addPMI for a full year XX/XX/XXXX to XX/XX/XXXX to calculate the escrow? Fraud is the ONLY explanation.
Company Response: Closed with explanation
2019-04-02
Bellevue, WI
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-04-01
Patterson, MD
Trouble during payment process
Mortgage: FHA mortgage
Complaint: On Wednesday XX/XX/2019, I contacted Caliber Home Mortgage to inquire about payment of my local city property taxes, because I had received notice from the city that taxes were unpaid and my house is subject to tax sale. Two late penalties had already been assessed and payment was grossly overdue. I spoke with a representative who promised to " escalate '' the request to have my tax payment disbursed to the city. I was told that we would have an update or a resolution by Monday XX/XX/XXXX.
I did my due diligence by calling the city myself to confirm that no payments have come in on my behalf. I also contacted my title company to confirm that no special escrow funds for taxes due after my settlement/purchase date were being held by the title company, as that is not customary anyway. Also, I attempted to work with my loan officer who processed the loan, and he provided me with no help either. He had a colleague at Caliber look into the matter, but then decided to have me work with customer service and advised that he would no longer be of assistance. Their names are : XXXX XXXX XXXX and XXXX XXXX XXXX I called in periodically to check for a status update, and was told that the request was " being researched '' but there were no tangible updates. The managers that I spoke to were : XXXX, phone number XXXX ; and XXXX XXXX, who advised me that she doesn't have a phone number.
I called on the promised resolution date of XX/XX/2019 at XXXX XXXX in the morning, XXXX XXXX, and was told that there were still no updates. XXXX XXXX advised that she would call me before she leaves for the day with an update. She leaves for the day at XXXX Central time, so I am awaiting a call back, however, given the lack of follow-up thus far, I am respectfully submitting this complaint, because I feel as though I have been mistreated by the company with no recourse for actual assistance.
Thank you.
Company Response: Closed with explanation
2019-03-30
Brookside Village, TX
Incorrect information on your report
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Account status incorrect
Company Response: Closed with explanation
2019-03-29
Penn, PA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-03-29
Plymouth, FL
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: I only have Social Security Benefits and in XX/XX/XXXX I applied for a Loan Modification on my home, because I had to resign from my job due to health reasons, caused by stress with my employer ( XX/XX/XXXX ). I have been looking for work everyday. Only make enough doing XXXX XXXX, so I can survive. I received a letter dated a letter dated XX/XX/XXXX offering me a Trial Payment Plan, commencing from XX/XX/XXXX thru XX/XX/XXXX.
I accepted their offer and signed the Letter-Trial Payment Plan Offer and mailed to them on XX/XX/XXXX. My first payment for XX/XX/XXXX was made within the terms, by XX/XX/XXXX. The XX/XX/XXXX was also made by XX/XX/XXXX.
I received a letter from Caliber Home Loans asking me to sign a Title Subordination Form and mail or EMAIL to them with 30 days. I in fact emailed the signed form on XXXX, to the email address provided in my letter. I received no other correspondence, stating they did receive the Signed Title Subordination Form. On XX/XX/XXXX I called to make my last Trial Payment and was told that my LOAN MODIFICATION was closed. I asked the SPOC employee why the Loan Modification was closed and when was that decision made. He told me that it was closed on XX/XX/XXXX, because they did not receive the signed Title Subordination FORM in time.
I called their office again the next Monday, XX/XX/XXXX and was told that they did not receive the FORM until XX/XX/XXXX I asked where was my signed form from XX/XX/XXXX until XX/XX/XXXX. She could not tell me. XX/XX/XXXX happened to be 31 days after my letter dated XX/XX/XXXX, stated that they have to receive the signed Title Subordination FORM within THIRTY DAYS ( 30 days )??? All I was told was that my Trial Period was over and I would to reapply again for another Loan Modification, which I did on XX/XX/XXXX. Received all of my paperwork and TODAY-XX/XX/XXXX received a Letter dated XX/XX/XXXX from Caliber Home Loans, they denied my Loan Modification. They will start Foreclosure process if I do not bring my Mortgage Loan Current or I CAN APPEAL their decision, which I intend to do immediately. I am also contacting a HUD Approved Counseling Service on Monday XX/XX/XXXX to get some help, I PRAY to stop any Foreclosure procedures. I have only been able to work doing food delivery at almost XXXX years old and struggling to HOLD to my HOUSE. I got behind in XX/XX/XXXX. I did receive a loan modification in XX/XX/XXXX after my son passed away on XX/XX/XXXX and I was his only caregiver and he had not income and was waiting on SS XXXX.
Company Response: Closed with explanation
2019-03-28
Bellaire, TX
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: 1. Caliber Home Loans acquired our mortgage loan XX/XX/XXXX from XXXX XXXX XXXX XXXX., XXXX XXXX, California 2. We paid {$2200.00} on XX/XX/XXXX using electronic Bill Pay through XXXX XXXX XXXX XXXX, showing the payment was received and posted through XXXX XXXX XXXX XXXX. TRACER : XXXX CUST CKF : XXXX 3. The payment cleared our account XX/XX/XXXX 4. Received a statement indicating two payments were due so we called the number provided numerous times, but COULD NOT reach anyone to speak to, so we sent a message to Billing and Payment asking about the payment that was not showing up in the online system. We received an answer indicating a response would be received within 5 days, which did not happen 5. We made the XX/XX/XXXX payment of {$2200.00} online on XX/XX/XXXX 6. The payment cleared our account XX/XX/XXXX 7. In XX/XX/XXXX we printed our Form XXXX, which indicates we only paid 1 month of interest, which should have been double that amount.
8. We made the XX/XX/XXXX payment of {$2200.00} online on XX/XX/XXXX 9. The payment cleared our account XX/XX/XXXX 10. We received our first AND ONLY phone call from someone indicating it was a collection call, he was demanding payment over the phone. We told him we had NOT missed any payments and would not provide the caller with any payment over the phone. We tried to call back to reach someone at the Mtg. company but no one would answer, so we sent another message indicating we needed help with our account.
11. We made the XX/XX/XXXX payment of {$2300.00} online on XX/XX/XXXX, which included a late fee of {$78.00} that was placed on the account 12. The payment cleared our account XX/XX/XXXX 13. We sent copies of everything to Caliber which they signed for 3-4-19, and received an answer from them 2 days ago indicating " Caliber has reviewed the documentation provided within your present inquiry and found no evidence that a payment was received on XX/XX/XXXX. '' 14. I had XXXX XXXX research the payment further and have their response with the details of this ACH Payment to Caliber.
This loan is in my husband 's name, but the home is deeded to both of us.
Company Response: Closed with explanation
2019-03-27
Baton Rouge, LA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Caliber Home Loans, Acct # XXXX, is a third-party mortgage loan service that is now committing fraud and harassment on the complainant. This company stated that they acquired the servicing rights from XXXX XXXX XXXX. I have put Caliber Home Loans on notice several times disputing the fact that we don't owe anything on a mortgage and we are presently in litigation concerning this matter. I stated to Caliber Home Loans, that we never entered a contract with XXXX XXXX XXXX as well as them. I stated to them that the Note and Mortgage was canceled. See exhibit A.
They now continue to harass me about payments while this case is being litigated for fraud. I now believe that XXXX XXXX XXXX Mortgage, XXXX XXXX XXXX and Caliber Home Loans are now in the mist of promulgating a collusion of fraud and predatory loan schemes to take advantage of us, the Complainants.
Company Response: Closed with explanation
2019-03-27
Derry, NH
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2019-03-26
Fort Pierce, FL
Incorrect information on your report
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Account information incorrect
Complaint: I am going through a modification with a mortgage company. This will be the second time I have taken this mortgage company to court for predatory mortgage practices, In which i won the first time. This time however, this company has reported false numbers to the credit reporting agencies. They have chose to add the legal fees to my outstanding amount, which increases it tremendously. I won the first judgement in which they were responsible for the legal fees, but now it seems they are trying to ruin my credit and in return make it impossible to get a loan. I have never been late on a payment, however I am making modified payments as instructed by the mortgage company and my lawyer. So I do not understand how they can report false information.
Company Response: Closed with explanation
2019-03-26
Burbank, CA
Trouble during payment process
Mortgage: FHA mortgage
Complaint: Loan Background and Pending Foreclosure Your loan originated on XX/XX/XXXX, with a principal balance of {$310000.00}. The original lender was XXXX XXXX XXXX DBA XXXX. Your loan was later sold to to XXXX XXXX. At that time only XXXX XXXX owned the loan. One of the prior servicers for the loan was XXXX XXXX XXXX. On XX/XX/XXXX, I signed a loan modification agreement wherein I agreed to have the account escrowed for property taxes and property insurance. The escrow is presently incorrect and have no idea who controls XXXX XXXX XXXX XXXX , XXXX, as Trustee for XXXX Master Participation Trust ( XXXX XXXX XXXX XXXX XXXX to have acquired my loan from XXXX XXXX on XX/XX/XXXX but there is absolutely no evidence of this by XXXX XXXX recorded on Title per the CAL CIV Code. Caliber Home Loans allegedly began servicing my loan on XX/XX/XXXX. The loan was in a loan modification status with XXXX and therefore XXXX was " dual-tracking. All my payments were not correctly posted to my loan nor were they accounted for when the loan was allegedly transferred to Caliber. I claim that XXXX did not transfer my payments to Caliber until XX/XX/XXXX. You can clearly see funds in the suspense and escrow accounts that were not posted on XXXX records I corroborating evidence, and have provided it many times so please investigate. The Note, as modified by the XXXX loan modification agreement, and Deed of Trust are in full effect and have not yet been canceled. There are two versions of the Note and of the loan modification so they are in the process of being cancelled. Caliber is aware of my spouse XXXX XXXX XXXX pending Chapter XXXX bankruptcy. The foreclosure proceedings are currently on hold as a result of her pending bankruptcy case. Post-Petition Payments As previously explained, you filed for Chapter XXXX bankruptcy on XX/XX/XXXX. On XX/XX/XXXX, XXXX XXXX XXXX fka XXXX XXXX XXXX XXXX filed an inaccurate Proof of Claim ( POC ). XXXX later transferred its defective claim to XXXX XXXX XXXX. At the time the Proof of Claim ( POC ) was filed, the total monthly payment was much less than {$1600.00}. This amount was adjusted several times as authorized by the XXXX loan modification agreement, and incorrect Notices of Mortgage Payment Change were filed in my bankruptcy case. Pursuant to my confirmed Chapter XXXX payment plan, I was required to pay XXXX XXXX XXXX Proof of Claim ( POC ) arrearage to the bankruptcy trustee ( which was done and the evidence is there ), and remit ongoing monthly payment directly to the servicers XXXX and Caliber ( which I did ) .. The Caliber Proof of Claim was wrong, and was disputed. I objected to the Proof of Claim ( POC ) in my bankruptcy proceeding. I did not accept the amount of arrearage in my Third Amended Chapter XXXX Plan since I made all the payments as agreed. To support my claim, I referenced the post-petition loan history that XXXX XXXX XXXX filed in your Chapter XXXX bankruptcy on XX/XX/XXXX. This document now supports my assertion. It shows that I remited full and timely ongoing monthly payments on the loan since XX/XX/XXXX. The post-petition loan history shows the ongoing monthly payments that Caliber and the prior servicer received directly from you. It does not include the payments that Caliber received directly from the bankruptcy trustee. The Debtors Status Report I provided shows that as of XX/XX/XXXX, the bankruptcy trustee disbursed {$6300.00} to your loan and was current. Caliber explained in its XX/XX/XXXX letter that it received and applied the disbursement from the bankruptcy trustee but not the post-petition payments made. Caliber also provided me with a complete payment history dating back to XX/XX/XXXX, but did not include the payments made to XXXX starting in XX/XX/XXXX. The payments shown on the post-petition loan history do not correspond to the payments that I made in my Declaration Setting Forth Post Petition that was filed with the bankruptcy court on XX/XX/XXXX. In the Declaration that I made a {$1000.00} payment on my loan on XX/XX/XXXX, and another made in the same month that was not posted. Those transactions were not reflected on the post-petition loan history as a complete payment in XX/XX/XXXX. The total monthly amount due for XX/XX/XXXX was less than {$1600.00}, there were 2 payments for {$1000.00}. Furthermore, Caliber claims it did not receive monthly payments from you between XX/XX/XXXX and XX/XX/XXXX which is also not true. The ruling in favor of XXXX XXXX XXXX on its motion for relief from stay is presently in appeal. Instead of applying my payments to the loan, Caliber posted them to a suspense account or escrow. The Deed of Trust does not permit Caliber to hold partial payments in suspense until I make a payment sufficient enough to bring the loan current since the DOT is in dispute as is standing. As shown in a recent payoff statement that Caliber recently provided me, {$1400.00} is currently being held in suspense for no reason and should have been applied as a payment and it was not. Caliber must apply these funds to the balance immediately. I have filed a complaint against an estimated monthly mortgage payment of {$4400.00} as shown in a document filed in Case XXXX Doc Filed XX/XX/XXXX Entered XX/XX/XXXX XXXX which was fraudulent. The Notice of Mortgage Payment Change, filed on XX/XX/XXXX, shows a new total monthly payment of {$1900.00} which is still wrong and is disputed. I continue to allege that Caliber did not apply all my post-petition payments correctly and have provided corroborating evidence, such as a wire transfers and cancelled checks, so that they may investigate. XXXX Circuit Appeal Case No. XXXX is pending and Caliber has failed to appear in my pending appeal in the XXXX Circuit Court of Appeal. Caliber claims that it is not a party to this appeal and has not yet made an appearance. As Caliber is aware, the case is pending the Courts decision. Removal of Publicly Available Information by me since I have asked Caliber multiple times to remove everything related to my home from the internet. Caliber claims it did not receive any such requests. Regardless, California Civil Code 2924f requires Caliber to provide up-to-date foreclosure sale information to the public. Caliber uses a third-party website called XXXX XXXX XXXX to fly drones near the XXXX Airport and to publish information regarding the foreclosure sale my property which is unlawful. I live 3 miles from the XXXX Airport and there is a no fly zone within 5 miles of the airport. Thus, Caliber is again asked to comply with my request. Caliber aledges it takes care to protect its customers privacy, but authorized disclosure of my confidential information. They claim the " Pictures of the subject property posted on XXXX were taken from a public vantage point, and thus do not constitute a violation of privacy '', which is not not true. XXXX is a third-party website and is unaffiliated with Caliber, but Caliber has the telephone number of XXXX XXXX XXXX all over it. A recent loan modification package has been submitted and Caliber has filed another Notice of Trustee Sale ( NOTS ) on the title of my property which constitutes a violation of " dual-track '' in California and we would like the CFPB at act asap based on the attached Declaration.
Company Response: Closed with explanation