Caliber Home Loans, Inc.

2017-01-04

MD

Problems when you are unable to pay

Consumer Loan: Vehicle loan

Complaint: On XXXX XXXX, XXXX, I, and my former wife, XXXX XXXX XXXX, executed a contract for the purchase of a recreational vehicle in the State of XXXX. In XXXX, XXXX and I separated. As we proceeded towards divorce and a separation of assets, in XXXX the recreational vehicle was voluntarily returned to the finance company. No payments were made after the return of the vehicle. At no time did the finance company comply with XXXX laws regarding repossessions and serve the necessary pre- and post- repo notices, nor did it ever advise as to the disposition of the vehicle. However, in clear violation of XXXX law, Caliber Home Loan attempted to collect on this debt in XXXX. When I responded that they were far outside the statute of limitations, XXXX filed a XXXX with IRS. XXXX law is very clear that unless a finance company complies with all of the required notices, it is no longer in a position to collect on the deficiency balance. Caliber then stated that a payment was made in XXXX but that alleged payment is not listed anywhere in the account history provided to me by Caliber. Finally, Caliber mailed a statement stating " YOUR ACCOUNT HAS BEEN PAID IN FULL. '' When speaking to a representative of Caliber, I was informed that the account had been charged off and that no payments had been made. Further, this statement indicates that the recreational vehicle is now listed at an auction site in XXXX.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-01-03

IL

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with monetary relief

Disputed: No Timely Response

2017-01-03

Jamaica, NY

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Caliber Home Loans has engaged and continue to engage in fraudulent or illegal acts and to otherwise demonstrate persistent fraud and illegality in the conduct of their business, in violation of New York Executive Law ( 63 ) ( 12 ). Pursuant to New York Executive Law 63 ( 12 ), it is unlawful for a business to engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting, or transaction of business. Caliber Homes Loans prepared and submitted in court deceptive and legally invalid assignments. Caliber Homes Loans have obtained a foreclose judgment and sale on XX/XX/XXXX against me through fraudulent and illegal means. New York General Business Law 349 prohibits deceptive acts and practices in the conduct of any business, trade, or commerce. XXXX never owns the note, has no beneficial interest in the note, and is not a party to the note, and is not authorized by the actual note holder to transfer the note, XXXX has no authority to effect this transfer. XXXX concedes in its own Procedures Manual that it " can not transfer the beneficial rights to the debt, '' and it 's terms of membership acknowledge that the XXXX system is " not a vehicle for creating or transferring beneficial interests in mortgage loans. '' Thus, assignment of mortgages excuted by XXXX certifying officers, including mortgage servicers, employees and agents, often misrepresented that XXXX had transferred, or even had the authority to transfer, the note to the foreclosing party. " XXXX can not transfer something it never proved it possessed. '' See XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX at XXXX ( N.Y. Sup. CT. XX/XX/XXXX ). XXXX certifying officers have executed and submitted in court mortgage assignments where XXXX purports to act " as a nominee for '' a defunct lender that long ago ceased operating or went bankrupt and no longer had an interest in the mortgage. See XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, at XXXX ( N.Y. Sup. CT. XX/XX/XXXX ) ( XXXX assignment is defective in part because XXXX executed assignment as nominee for a lender that was no longer operating on date of assignment ). The State of New York Attorney 's General Office has stated it 's a felony to file a public record with the intent to deceive. There is absolutely no doubt the enclosed Assignment of Mortgage was robo-signed by serial rob-signer XXXX XXXX. The enclosed Assignment of Mortgage filed in the Office of the City Register of the City of XXXX on XX/XX/XXXX, was manufactured in order to pursue an illegal foreclosure action. XXXX XXXX and XXXX XXXX XXXX, XXXX did [ n ] ot exist on XX/XX/XXXX and XXXX XXXX was [ n ] ot an employee ( Assistant Secretary ) of XXXX on that date. XXXX is a shell corporation with no employees. XXXX XXXX a known robo-signer was also showing to be an employee ( Assistant Vice President ) of XXXX XXXX XXXX on the same exact date of XX/XX/XXXX XXXX XXXX XXXX , XXXX was [ n ] ot licensed or registered to operate in the State of New York according to the New York State of Department of Financial Services ( DFS ) whom can be reached for this verification at XXXX ( Monday through Friday, XXXX to XXXX ).
Company Response: Closed

Disputed: No Timely Response

2016-12-31

CO

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I have been requesting a mortgage pay-off for the last 4 years but the lenders involved have not provided one for me. They submitted a pay-off in 2014 with the amounts they say are owed but the figures were not correct ; they lumped everything together and wo n't separate the amounts. There are monies I 've paid that are not reflecting on the pay-off they provided in 2014. They have kept my house in foreclosure for seven years and I have submitted modification packets 30+ times but they say they have not received all of my documentation the 30+ times I have submitted it. All I need is a correct pay-off with the lumped amounts separated so I can refinance with another company since it is evident, after seven years, they will not do a modification for me.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-30

Greenwood, WA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-30

Oxford, GA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Mortgage company, Caliber Home Loans, is not interested in helping me keep my home which has been my primary residence for 23 years. They have offered {$13000.00} relocation assistance if I did a short sale. I agreed. They would not accept any reasonable offers and in fact would only accept $ XXXX after ordering two appraisals of my property and disregarding the lower appraisal even though this amount is more than my loan balance by almost $ XXXX. While a short sale contract was pending, Caliber offered {$13000.00} relocation assistance if I would sign a deed in lieu. After short sale file was closed on XX/XX/XXXX, I called to accept deed in lieu offer on XX/XX/XXXX and continued to call for several weeks. On XX/XX/XXXX, Caliber called but only to tell me that my home was now in foreclosure with a sale date of XX/XX/XXXX and I had no other options since foreclosure status placed on my account on XX/XX/XXXX. My attempts to negotiate any solution other than foreclosure have been ignored. I called XXXX at Caliber on XX/XX/XXXX in an attempt to apply for a loan modification and was told by her that the only thing I qualified for was the foreclosure and she refused to send me an application for a loan modification. I was never offered reinstatement options or given an amount to satisfy the loan or bring the loan current. In fact, I have never received written notification that the short sale was denied or given a timeframe to seek other solutions prior to foreclosure sale date. After talking to XXXX at Caliber, I researched my deed records and discovered discrepancies in the assignment transfers on my original Security Deed. It appears that Caliber nor its investor has the right to foreclose on my home due to the original loan documents being unavailable as the original lender went out of business. The Uniform Closing Dataset was not accurate due to the original loan documents being no longer available to properly record any subsequent assignments. See attached Affidavit of Assignment. Caliber filed an Assignment of Mortgage Security Deed on XX/XX/XXXX but called it a " Corrective '' assignment indicating that a prior assignment was properly filed and recorded. See attached Corrective Assignment of Mortgage/Security Deed. This was obviously filed in an attempt to be able to foreclose on my property.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-30

TX

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: My home was bought out by caliber home loans I received a letter that we owed XXXX so when my husband received his SOCIAL security check I mailed XXXX to them then I sold some retirement and mailed another XXXX Then my husband received his va Benefits I mailed another XXXX Logged into their website it showed I owed XXXX today I logged into their site it showed I owed XXXX called them and was told that all my payments were not applied to the loan they were holding XXXX to see how to apply it to the loan and they had not received the other XXXX Caliberhomeloans.com is a rip off
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-29

Ridley Park, PA

Other

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-29

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-29

Ridley Park, PA

Other

Mortgage: Other mortgage

Company Response: Closed

Disputed: No Timely Response

2016-12-29

Meridian, ID

Other

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-29

Kansas City, MO

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: Since XXXX of XXXX my loan has been transferred to Caliber Home loans. The first month after acquiring my loan Caliber attempted to change my monthly payment. In XXXX of XXXX Caliber sent me a refund check stating that I had overpaid. Soon after that I noticed that they were escrowing my taxes and insurance. Since my retirement I have been paying my own real estate taxes. The insurance has gone through my previous mortgage company but I would rather get my own insurance. All of this was being done despite the fact that my previous lender sent out a letter stating that the terms and agreements in loan would not be changed. Each and every month I sent my mortgage payments to the post office box listed for Caliber and the payments were received on time per my postal delivery confirmation printout. The payment for XXXX XXXX was never sent to my bank. I mailed that payment to Caliber, the same address that I had always used before, on XXXX XXXX by priority mail. I finally received the check back around XXXX XXXX from a different mortgage company that was also in Texas, undoubtedly XXXX that they know. Caliber has charged me about {$420.00} in late fees for XXXX. I know for a fact that it is not possible because I have always sent my payments with delivery confirmation that shows the date in which Caliber received my payment. I believe that this company is attempting to manufacture a default. The late charge is {$25.00} and even if I were late every single month, the most the late charge could be is {$300.00}. This company is now claiming that I owe them over {$9000.00} in fees and payments. I am retired and have always made my mortgage payment every single month. They are trying to steal my property. My XXXX payment was received at their address on XXXX/XXXX/XXXX but the check was n't processed at my bank until XXXX/XXXX/XXXX. They have just sent me a right to cure default letter threatening foreclosure in XXXX.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-28

San Clemente, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-12-28

Federal Way, WA

Application, originator, mortgage broker

Mortgage: Conventional fixed mortgage

Complaint: I have a home loan with caliber, they offered a refinance to a better rate for a 20 year loan with with a rate of 3.75 % and a total closing cost of XXXX. This was started in XXXX, documents were signed then no communication until XXXX when I got new paperwork showing my loan went up to 4 % with closing cost of over XXXX. multiple attempts of communication with the company with no response. today I finally spoke with someone who said it was human error and he can not honor the original documents as it was to much of a loss of the company, all of this after i have paid the XXXX in appraisal fees.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-27

Okc, OK

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I applied for a loan modification but the loan servicer denial my request so I applied for a short sale and submitted a offer on XXXX/XXXX/XXXX and caliber would not accept the offer, so they order a BPO on XXXX/XXXX/XXXX, XXXX/XXXX/XXXX and XXXX/XXXX/XXXX to determine the value and it was valued at {$330000.00}, so we submitted a offer cash of {$370000.00} which is much higher then its worth but now caliber is saying its too late to continue with the short sale and the sale is set for XXXX/XXXX/XXXX, this whole thing is crazy we give them a higher offer and this is the thanks that we get, caliber clearly wants to foreclose on my property and that is a fact, someone in your office needs to look into this matter, we have also filed a complaint with the attorney general office of CA .can someone please HELP!!!
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-27

Jamaica, NY

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Caliber Home Loans has engaged in the prohibited pattern and practice of XXXX Foreclosures. The new and old lenders have colluded and conspired to do a XXXX Foreclosure. Caliber Home Loans is effectively acting as servicing arm for XXXX, a private equity vehicle packaging up XXXX of dollars worth of troubled mortgages. XXXX has packaged lots of funds, but the most recent significant ones are XXXX XXXX Master Participation Trust and XXXX XXXX Master Participation Trust. Based upon the information that I 've gathered, it appears XXXX sold its interest to XXXX Master Participation Trust while the loan was subject to a foreclosure lawsuit originated by XXXX. Instead of discontinuing the lawsuit, or substituting XXXX Master Trust as a plaintiff, XXXX has continued the Foreclose lawsuit under the representation that it is the owner of the loan without notifying the court that the ownership has changed. On XXXX XXXX, XXXX, XXXX was [ n ] ot licensed or registered to operate in the State of New York according to the New York State of Department of Financial Services ( DFS ). XXXX is claiming to be the owner and holder of the note and mortgage on XXXX XXXX, XXXX. No documentary proof exists showing XXXX was actually the owner and holder of the note and mortgage at the same time. Caliber Home Laons stated that XXXX was the previous servicer of the loan. This is not true and patently false. ( emphasis added ) XXXX was never yhe previous servicer of the loan. XXXX. ( " XXXX '' ) is a Delaware corporation and an affiliate of XXXX XXXX XXXX with headquarters at XXXX office in New York. XXXX was the sponsor of the XXXX transactions described in this Order. As sponsor, XXXX purchased mortgage loans from originators and sold them to depositors for resale to the XXXX trusts. On XXXX XXXX, XXXX, the Securities and Exchange Commission ( " Commission '' ) issued an Order Instituting Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of XXXX and Section 21C of the Securities Exchange Act of XXXX, Making Findings, and Imposing a Cease-and-Desist Order ( " Order '' ) against XXXX ( " XXXX '' ), XXXX., XXXX, XXXX, and XXXX ( collectively, " XXXX XXXX '' or " Respondents '' ). In the Order, the Commission found that the Respondents engaged in misconduct including misrepresentations or omissions in the offer or sale of residential mortgage backed securities ( " XXXX '' ) relating to two undisclosed business practices that violated Sections 17 ( a ) ( 2 ) and ( 3 ) of the Securities Act of XXXX ( the " Securities Act '' ). 15 U.S.C. 77q ( a ) ( 2 ) and ( 3 ). Caliber Home Loans has also violated PART 1024 -- REAL ESTATE SETTLEMENT PROCEDURES ACT ( REGULATION X ) Subpart C -- Mortgage Servicing XXXX, XXXX and XXXX.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-25

Las Vegas, NV

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: Caliber Home Loans gave me a courtesy call after the denied my last claim XXXX. The representative was very nice,, but had very little information regarding my case. After more than 40 minutes on the phone, she advised me that my escrow balance we incorrect because I did not make a payment in XXXX. I was also told that my escrow account was converted to a ancillary account. I went back to the office and researched my bank records, and I did find my XXXX payment which had cleared. I did call back Caliber Home loans the next day, after i was transferred to 3 different representatives and verified my billing address the same number of times, I spoke to a representative named XXXX, employee number XXXX. After 20 minutes on the phone, I was told that the XXXX payment was actually made and the previous person did not dig deep enough. I asked XXXX that Your monthly payment for Principal and Interest ( P & I ) is {$790.00}. You made a payment on XX/XX/2016 of {$1200.00}, with {$400.00} going to escrow and you made another payment of {$1200.00} on XX/XX/2016. You later made a payment of {$1500.00} on XX/XX/2016, with {$700.00} going to escrow and another payment of {$1500.00} on XX/XX/2016, with {$700.00} also going to escrow. Therefore, you believe four ( 4 ) payments, totaling {$2200.00}, should be deducted from your escrow balance. The past due escrow of {$8500.00}, less the {$2200.00} should leave {$6300.00}. I asked him how XXXX got their balance and he responded " That is just the way it is '' I was also told that I need to call the escrow department, that he did not have any numbers to help me, I told XXXX, that my account was switched to Ancillary and XXXX told me that is incorrect.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-23

Stamford, CT

Settlement process and costs

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-12-22

West Newfield, ME

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed

Disputed: No Timely Response

2016-12-22

West Newfield, ME

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed

Disputed: No Timely Response

2016-12-22

Simi Valley, CA

Credit decision / Underwriting

Mortgage: Conventional fixed mortgage

Complaint: Hello, I established a refi on my mortgage with Caliber Home Loan in XXXX 2016, with 15 years refi rate lock of 2.75 % which expires on XXXX/XXXX/2016. I received my first loan disclosure on XXXX/XXXX/2016, which indicates a lender credit of {$2100.00} to close this refi before XXXX/XXXX/2016. With anticipated refi closing date on XXXX/XXXX/2016, I have supplied all the documents in XXXX and follow-up documents in XXXX 2016. However, Caliber Home Loan 's underwriting process just keep delaying the loan closing date. Aftermath, they did n't schedule a notary to sign the closing documents until XXXX/XXXX/2016. Then they removed the lender credit of {$2100.00} at last minute! Before the final closing date, I still see the {$2100.00} lender credit on loan disclosure dated XXXX XXXX, 2016. Caliber Home Loan have removed this {$2100.00} lender credit on the date I signed my closing documents dated XXXX XXXX, 2016. This is outrageous that Caliber Home Loan removed this lender credit on the date I scheduled to sign the closing documents. Unfortunately, I have to sign amid they keep dragging and delaying the promised closing date. My Caliber loan consultant is XXXX XXXX - XXXX, he is awared of this lender credit and delaying underwriting process. Please help me. XXXX XXXX XXXX XXXX
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-12-22

East Fishkill, NY

Disclosure verification of debt

Debt collection: Mortgage

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: No Timely Response

2016-12-22

Montclair, NJ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-12-22

Montclair, NJ

Settlement process and costs

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-12-21

Unity Plaza, CT

Application, originator, mortgage broker

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response