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 8
2019-06-07
Doral, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-06-07
Spring Hill, FL
Applying for a mortgage or refinancing an existing mortgage
Mortgage: Conventional home mortgage
Complaint: The problems I had with CALIBER HOME LOANS started on the first day I contacted them and continues to this date despite the fact that I closed over a month ago.
XXXX XXXX XXXX XXXX XXXX Mr. XXXX manager XXXX XXXX Mortgage Processor Consumer Direct XXXX XXXX Ms. XXXX Manager at the time of closing I was seriously considering refinancing my existing mortgage with Caliber and cashing out some of the equity hoping to draw approximately {$50000.00} out. On XX/XX/XXXX, I spoke with XXXX XXXX to get information and explore my options. He said he would explain all my options after he ran my credit rating, received other documents including the appraisal on my house.
For the most part everything went relatively smoothly although I found myself educating Ms. XXXX on several topics. For this purpose, I will concentrate only on the Application Process : Credit Decision and incomplete information. I will follow with the closing problems and finally the post closing issues.
Application Process.
I was advised that my mortgage credit rating came in at XXXX due to an alleged serious delinquency. I explained this {$160.00} charge was caused by a billing error from a former cable company which I disputed with the cable company, collection agencies and had documentation showing it was resolved. The interest rate quoted was 5.375 % ( compared to 4.1 % I was currently paying.
XX/XX/XXXX. Mr XXXX to me : When we get toward closing processing orders an updated mortgage credit score and if it has gone up since we started you will gain the benefit of that. I think we talked about that when we were talking about your scores but better to hear it twice than not at all I explained I would dispute the issue with all 3 credit agencies. I successfully disputed the charges and notified Mr. XXXX and XXXX XXXX on XX/XX/XXXX showing the delinquency had been removed from my credit reports Incomplete Information provided to me : As stated initially, I was hoping to cash out about {$50000.00} using some to pay off debt for which I was paying {$530.00} a month. That would leave about {$35.00}, XXXX cash minus closing costs. Some of the {$530.00} would go towards the increase in my mortgage and the rest to savings. The balance on my existing mortgage was {$100000.00} and the appraisal came in at {$220000.00} equity enough to cover my tentative plans.
I received the Conditional Approval for Mortgage Loan in the amount of {$140000.00} XX/XX/XXXX Me to Mr. XXXX I just received Loan Estimate documents which I need to review, sign and return .Maybe I'm thick but ... .. My whole goal was to cash out some of the equity in my house amounting to about {$50000.00}. I don't see that reflected anywhere in the documents. How does that work?
I never heard back with an explanation. The loan was for {$140000.00} which was not close to satisfy my tentative plans.
CLOSING : I received the Mortgage Loan Disclosure on XX/XX/XXXX the day before scheduled closing. Nothing had changed including the XXXX credit score and 5.375 % interest rate.
Below is the email exchange between me & Mr. XXXX and cc Ms. XXXX on XX/XX/XXXX Wednesday, Why hasn't my credit score improved? The " serious deliquency/negative '' has been removed. I sent documentation. NOT HAPPY. I might just postpone closing and pay the {$160.00}, ... ....
On XX/XX/XXXX, at XXXX XXXX, XXXX XXXX XXXX wrote : Are you asking us to repull your credit and get an update?
Me : Absolutely!!! I thought that was clear from day 1. That delinquency was a mistake. I never owed them a penny. I explained that! I disputed it. I sent you proof it was removed! My credit score For MORTGAGES improved. I sent that to you, too. Why do you even have to ask unless you just want the sale. Really?!
XXXX We have to ask your permission of course. My manager XXXX called you. Have you called her back? Her email is below on my email as well Me : No calls on my home phone from her. I am assuming she was given my cell phone although I have said, on several occasions, not to use that number. Ask my permission? I instructed you to re-check the score in the email below. That, too, was discussed during my initial phone call with you. We were also supposed to go over different scenerios to see which best met MY needs once you got all the info. That never happened either. Nothing like waiting for the last minute. I suggest that you change the closing date to allow for the additional snafus which should happen. I am NOT A SATISFIED CUSTOMER and one more thing and I will cancel the deal and work with someone else. Unbelievable!!!
On either XX/XX/XXXX 0r XX/XX/XXXX, I received a call from XXXX XXXX. I explained that I wanted them to pull an updated credit report. His response was We cant change your credit score. I told him I did not expect him to change my score. I explained the serious delinquency dispute and resolution. The credit agency changed my score and I wanted that used. His response, again, was We cant change your credit score. We repeated this dialogue a few more times. He finally said he could lower the interest rate to 4.99 %. He offered no explanation for either statement. It was obvious he just wanted to close the deal and, quite honestly, I was beside myself with frustration and I agreed.
POST CLOSING : Starting XXXX ; Emails between me & Ms. XXXX According to the closing documents, {$10000.00} was due to me. The money transferred to my checking account was {$9900.00} which is short by {$160.00}. Explain please.
XXXX XXXX I will reach out to closing/title and get an answer to your question XXXX XXXX The Closer reached out to me this morning. She had to set up Escrows for the new flood policy adjustment. I ask her to send me a revised Closing Disclosure and she will have it to me by the end of business today.
XX/XX/XXXX Me : So? I never received the revised Closing Disclosure promised by end of business last Thursday. Mr. XXXX sent me a new set dated XX/XX/XXXX but it doesn't address this issue. I have checked all the documentation I have and can not figure out how and why {$160.00} was deducted to allegedly cover a ( prepaid ) increase in my insurance of {$110.00}. The increase in insurance happened way before the closing documents. I want a very detailed accounting of how they came up with a shortage of {$160.00} in addition to the {$460.00} " cushion ''.
I have heard nothing! Yesterday, I received an escrow refund of {$1300.00}. Therefore, I do not believe the {$160.00} was deducted to cover a {$44.00} increase in flood insurance which I paid at the time it was increased ( there was also an increase in hazard insurance but together they only totaled {$110.00} both prepaid ) I believe that I was lied to on several occasions as outlined above.
Company Response: Closed with explanation
2019-06-06
Burbank, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Recently I filed a complaint with Consumer Financial Protection Bureau ( CFPB ) against XXXX XXXX pretending to act as a Trustee called the XXXX XXXX XXXX XXXX which has not returned any of my calls to date. Also Caliber Home Loans, Inc. ( Caliber ) claims to Service my loan but has failed to address any of the issues I have presented to them.
They claim they have Rights to Enforce the Deed of Trust and Note originated on XX/XX/XXXX, with a principal balance of {$310000.00}. The original lender was XXXX XXXX XXXX DBA XXXX. The Note is secured by a Deed of Trust that was recorded against the property located at XXXX XXXX XXXX XXXX, XXXX, California XXXX. Your loan was bought by XXXX XXXX ( i.e. XXXX ).
Caliber advised numerous times, XXXX XXXX XXXX, XXXX, as Trustee for XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) acquired your loan from XXXX XXXX on XX/XX/XXXX which is a misrepresentation and there is no evidence to prove this.
There are at least two different versions of the Note. They claim that the " two versions of the Note you included with your complaint are identical with the exception of the indorsement stamp ''. The stamp is undated so we do not know who endorsed it, nor when, nor to whom?
They claim that " XXXX XXXX XXXX is in possession of and can enforce the Note under California law, through its designated loan servicer Caliber ''. Yet we have requested many times to see the original note many times and they have refused.
Therefore we can safely conclude that XXXX XXXX XXXX does not possess the original Note that I signed in XXXX.
I did not receive a notice of assignment of your loan within 30 days of the assignment pursuant to 15 U.S.C. 1641 ( g ), and therefore automatically rescinded the loan.
They received a copy of the automatic rescission of the note sent to General Correspondence address : XXXX XXXX XXXX XXXX XXXX, OK XXXX, www.CaliberHomeLoans.com, Notice Of Error, Request for Information, or QWR address : XXXX XXXX XXXX XXXX XXXX, OK XXXX dated XX/XX/XXXX, according to 15 U.S.C. 1641 ( g ) which requires the assignee of a mortgage loan to notify the borrower of the assignment in writing within 30 days of the transfer.
The time has now expired and they did not object nor file a case in any court with competent jurisdiction in XXXX XXXX, CA. so we will proceed to record the cancellation of the note on title with the approval of the XXXX. XXXX XXXX XXXX violated 15 U.S.C. 1641 ( g ).
According to 15 U.S.C. 1640 ( any action under this section may be brought in any United States district court... within one year from the date of the occurrence of the violation. ). There violation occurred in XXXX of XXXX and in the state of California Borrowers have six ( 6 ) years to file the rescission and we did so within said time frame.
Also under 15 U.S.C. 1641 ( g ), and the right-of-rescission provision of 15 U.S.C. Section 1635, applies to all consumer credit transactions, involving borrowers who are natural persons as is the case here. Also see 15 U.S.C. 1602 ( i ), 1635 ( a ) transactions involving the sale, transfer, or assignment of loan between banks, lending companies, creditors, etc. pursuant to violations under 1641 ( g ).
Therefore, the violation of 15 U.S.C. 1641 ( g ) is automatic and no action needs to be taken by the part of the natural person borrower.
Rescission under 15 U.S.C. 1635 of the Truth-in-Lending Act ( TILA ) is not time barred and is determined on a State by State basis. In California it is six ( 6 ) years.Therefore, the right of rescission would expire in six ( 6 ) years after the consummation of the transaction, meaning the time when a consumer becomes contractually obligated to a credit transaction from a new alleged lender which was against all Bankruptcy rules and regulations in XXXX of XXXX.
Also see 15 U.S.C. 1635 ( f ) ; 12 C.F.R. 226.2 ( a ) ( 13 ) ; see also XXXX v. XXXX XXXX XXXX XXXX in the State of Montana.
The alleged notice of assignment lists a new account number for your loan, which is XXXX, and which was securitized and sold on Wall Street after having been sold and funded by XXXX. See the copy of the note from XXXX attached.
They used the name of XXXX XXXX XXXX to do this, c/o : General Correspondence address : XXXX XXXX XXXX XXXX XXXX, OK XXXX www.CaliberHomeLoans.com, Notice Of Error, Request for Information, or QWR address : XXXX XXXX XXXX XXXX XXXX, OK XXXX Sincerely, XXXX XXXX XXXX XXXX Senior Vice President Customer Advocacy and Response Team
Company Response: Closed with explanation
2019-06-05
NY
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-06-05
MI
Trouble during payment process
Mortgage: VA mortgage
Complaint: Please find my Amended Complaint against Caliber Home Loan , Inc. for their relentless fraud, theft, including theft of funds and identity theft ; and other misconduct ; amended Qulified Written Request. Loan No. XXXX, address XXXX XXXX XXXX, XXXX, MI XXXX Also, please find my Copyright Notice and demand to Cease and Desist unauthorized distribution and sales of my copyrighted/trademarked materials such as mortgage loan XX/XX/XXXXXXXX XXXX, based on my name, reputation, credit score, credit history, banks statement and other unique information ; and the Note which both are signed by my unique trademarked signature. Under common law I do not have to register it but will consider registration if Caliber and XXXX will continue its criminal activities. Please be advised that any further distribution and sales of my Note and mortgage loan ( if legit ) require a written permission from me and royalties from sales, no less than 15 %.
I further demand to stop Caliber and XXXX distribution and sales of my personal information to predatory lenders ; and use it as a guarantee for their securities based on Servicing Rights and private IPOs. Based on my estimate, my debt {$130000.00} plus interest ( total $ XXXX ) was not only paid in full due to myriads of sales, but generated a substantial income in the amount about 20 times or more than the value of the Note. I demand to disclose me all profits ; and compensate me a fair share from these trades, which under 15 % should be no less than {$400000.00} just from MBS trades. This is not included profits from resales of my private information to predatory lenders, sales of private IPOs and servicing rights since none of them are a part of my Note or my contract.
I also demand Caliber to verify following information. On XX/XX/XXXX Caliber sent me a respond to my first QWR, where Caliber solely concentrated on escrow charges and ignored all other questions, including how my Flood Zone was determined if my property is not even on FEMAs map ; and why I had escrow account with Caliber if it is not required by VA. Calibers replies came from XXXX XXXX , who between XX/XX/XXXX-XX/XX/XXXX was VP of Default Management at Caliber Home Loans, and XXXX XXXX and were full of lies, thus need further validation.
Caliber employee XXXX said that my escrow had a surplus of {$1000.00} which was purportedly refunded to me on XX/XX/XXXX. In support she sent me a check which had no check number, no routing number, no account number, no authorized signature and no proof of deposit. I do not recall if I ever received this check, and my banks accountant confirmed that it was never deposited by me. Please provide me a copy of deposited by me surplus check in the amount of {$1000.00}.
XXXX and XXXX further stated that my recent deficiency was ( - ) {$470.00}, divided by 12 months ; and this is why my payment was reduced by {$95.00}. I suggest Caliber to hire employees with at least elementary school degree in math ; or teach them how to use calculators ; and provide me explanation how my deficiency was determined if I had NO taxes in XXXX. It was waived for me by the Assessor as a veteran ( who also mailed this information to Caliber ).
Caliber refused to provide me a copy of my Note with the full chain of Assignment endorsed by the originator and all the intermediary parties specified in the contract governing the deal, who must be disclosed at the time of origination ; the pooling and servicing agreement, and finally over to the trust and all other parties ; name of the XXXX Trust where my loan is held as a security ; names of the Sponsor and Trustee ; the name of XXXX Custodian. Caliber falsely claimed that this is proprietary information. This is absurd and a blatant lie. This information is publically available according to SEC Act and IRS Pub. 938 who require banks to publish it on the monthly/quarterly/ annual basis. Yet, Caliber refused to provide it to me even though I have all rights to receive it since it belongs to me as well.
This mortgage loan was created by using my private information and based on my personal credentials, like my credit score, credit history, bank statements, ect. Thus, its a copyrighted material. I hired XXXX XXXX, XXXX., ( XXXX ) to originate this loan and paid them {$990.00}, which is work made-for-hire, a category of copyrighted works in which the person paying for the work obtains all rights under the copyright. This mortgage and note are signed by me, thus, my unique signature is a trademark under common law in logo category.
I am not only entitled to have full disclosures ; but I also have rights to prohibit any unauthorized use of my copyrighted/trademarked materials, and collect royalties in exchange for a license to use my information to create securities, similar to oil and gas royalties. The only difference is that investment banks make much more money by selling my private information without any risks, disclosures, consents or shares of profits, which is utterly wrong.
According to Caliber, the loan was contractually due for monthly installment, thus Caliber confirmed that it is a contract to purchase a mortgage loan ; and expects me to perform while Caliber has no intention to adhere to the terms of this contract from the beginning and continue to breach it as of today.
This contract was originally based on misrepresentation and deceit ; violated numerous Federal and State laws ; used for purposes other than intended and described. While I agreed to repay the debt ( and still agree if this debt exists ), I did not give my consent to create a windfall for XXXX XXXX who steal my money and identity in astronomic proportions and collect a debt which does not exist while making multi-million profits. Caliber and their co-conspirators like XXXX sold my private information to predatory lenders ; used my name and signature to guarantee private IPOs ; sell their servicing rights through shady DE Statutory Trusts ; very likely fraudulently removed from XXXX pool and resold as default bonds, which XXXX later sold as their private shares and so on.
The legal elements of a contract include mutuality of obligation, which is comprised of offer and acceptance, definite terms, and consideration. These elements must all be present in order for a contract to be enforceable. Under my Contract, The Note or a partial interest in the Note [. ] can be sold one or more times [. ] is not a definite term. My duty under the contract with XXXX was to repay a debt in the amount of {$130000.00} plus interest, total {$220000.00} over 30 years. Creditors are interested to receive their money sooner ; and this is the reason why my Note or partial interest in the Note can be resold to legit successor/creditors. As soon as these creditors receive {$220000.00} as agreed, my obligation under this contract is over. I am entitled to know how many times my Note and partial interest in my Note were sold ; for how much it was sold ; who are current holders/creditors ; and if sales produced profits on top of my obligation, it must be deducted from my debt along with information how much money I still owe.
None of it was done. Moreover, millions of copies of my Note sold as securities/bonds created by my signature are not the Note or even a partial interest in my Note, but rather forgery ; Ponzi scam and identity theft for unjust enrichment. Especially securities backed by Calibers Servicing Rights and private IPOs ( Caliber and XXXX are agents for an investment bank and they never put any single cent into my loan while unjustly enriched themselves, specially Caliber who stole thousands $ $ $ from me while resold my information many times for unjust profits ).
Caliber said that my loan is in a pooled security, REMIC Trust which must have Sponsor, Issuer, Trustee, Servicer, Investors none of whom are legal title Holders, pursuant to TILA Sec. 131 ( f ) ( 2 ) and 1026.39. When investors, who are not creditors, purchased myriads of securities created by my copyrighted/trademarked data my part of the contract was fulfilled since my debt was repaid as agreed and eliminated ; plus instantly created profits about 20 times more than amount funded. I am definitely entitled to a fair share, no less than 15 %, which I demand Caliber and their co-conspirators to pay me as a royalty for using my name, signature, home and reputation. Based on amount financed- {$130000.00} - the average trade profits are about {>= $1,000,000} or more. A very modest royalty rate is 15 % ( in oil/gas its 18-25 % [ 2 ] ) thus Caliber, XXXX and their secretive partners owe me at least {$400000.00} just from their MBS trades. This is not included profits from resales of my private information to predatory lenders, sales of private IPOs and servicing rights since none of them are a part of my Note or my contract.
Statement of Facts. On XX/XX/XXXX I signed a document which appeared to be a Contract governed by UCC to purchase a negotiable secured instrument commonly known as a mortgage loan from XXXX XXXX , XXXX. ( XXXX ). It was guaranteed by VA. According to the Closing Disclosure, XXXX was a LENDER in this transaction, who purportedly lent me {$130000.00}, with {$5100.00} closing costs. The total price I expected to pay for this loan was {$84000.00}. The origination fee was {$990.00}. The only other party listed in this Disclosure was XXXX XXXX as a Settlement Agent. As an average customer who paid a significant amount for financial services, I relied on XXXX promises and didnt conduct additional research or recalculation of charges.
XXXX underwriter XXXX advised that I must maintain escrow account per VA guidelines ; and obtain FEMA flood insurance because my property was purportedly located in the Flood zone. FEMA flood insurance was originally calculated at {$100.00} p/m, and later changed to {$1100.00} p/y ( recently {$1100.00} Both statements were false and misleading. According to VA Pamphlet, 26-7, part 11a, VA does not require the lender to establish escrow accounts for the collection and payment of property taxes, hazard insurance premiums, and similar items [ 3 ]. According to two ( 2 ) local survey companies and comments from my neighbors, one of whom is a mortgage broker, my property was never located in FEMA flood zone ; and FEMA does not even have records for it. Thus, FEMAs flood insurance and escrow account were force-placed solely for the benefit of Caliber who receives more fees for their servicing on a bigger mortgage pool ; plus has a great opportunity to steal money from borrowers, which Caliber does on regular basis, in breathtaking amounts.
The initial escrow calculated by XXXX was {$260.00} and consisted of ( 1 ) property taxes based on XXXX assessments of {$360.00} ( summer ) and {$980.00} ( winter ), total {$1300.00} or {$110.00} p/m ; {$590.00} property insurance or {$50.00} p/m ; and {$1100.00} FEMA Flood Insurance, or {$93.00} p/m. Taxes for XXXX summer ( {$370.00} ) were paid by the Seller. Based on a simple math, my escrow should be {$250.00}. However, based on Calibers respond of XX/XX/XXXX, my escrow was calculated at {$290.00} which resulted in overpayment of at least {$34.00} per month, or {$410.00} per year, a significant amount of unlawful debt. Bear to repeat, as an average customer I relied on expressed promises of my contract and reasonably expected honest services from my fiduciaries, so I did not conduct additional research.
But Calibers fraud and criminal activities did not stop there. In XX/XX/XXXX letter Caliber stated that my escrow account had a surplus of {$1000.00} which they purportedly refunded to me on XX/XX/XXXX ; and this is why my escrow account was reduced to {$790.00} effective XX/XX/XXXX. Caliber even attached a copy of the purported check which had no number, no authorizing signature, no routing number ; no bank account from which this check was issued ; nor any proof that this check was actually delivered and deposited by me.
It was a nice surprise since I do not recall if I received ANY Notices or surplus money from XXXX. I went to my bank to confirm if I deposited this check but forgot about it. My banks accountant researched all deposits, particularly from XX/XX/XXXX and advised that here were no deposits of Calibers {$1.00}, XXXX check, which bear to repeat I never received. I have a copy of my banks print-out. Thus, Caliber lied that they refunded me surplus money.
Furthermore, on XX/XX/XXXX I received an Official Map Amendment letter from FEMA proving that my property is not in the flood zone ; and a Notice from XXXX County XXXX Township Assessor that they waived my property taxes as a veteran. The letter from Assessor was sent to Caliber as well, since they always notify the Servicer.
I immediately sent both documents to Caliber and asked to recalculate my escrow. Caliber failed to respond, even though the documents were sent three ( 3 ) times ; plus it was mailed by XXXX Township Assessor ; and later lied that Caliber did not received this communication which was sent with my payment checks deposited by Caliber.
While Caliber refused to acknowledge receipt of these documents, they reduced my monthly payments from {$950.00} ( originally {$1000.00} due to XX/XX/XXXX shortage ) to {$850.00}, or by {$95.00} p/m, effective XX/XX/XXXX. According to Caliber, this reduction resulted from their annual review of my escrow on XX/XX/XXXX and determined shortage of ( - ) {$470.00} ( divided by 12 months would be {$39.00} p/m, not {$95.00} ).
When I went to XXXX Township Assessors website to determine the status of my taxes, I learned that Calibers statements about shortages are also a blatant lie. According Assessors records, they did not charge me ANY taxes for Winter/Summer XXXX - at all. See attached document. Caliber most likely fabricated a review and a surplus check after they received my Complaint to CFPB, trying to defraud me ; CFPB, Michigan Attorney Generals office.
Furthermore, when I asked Caliber to validate their right to collect from me and their relationship to my loan, I received four ( 4 ) conflicting and misleading statements from Caliber and their co-conspirators XXXX whom Caliber sold or otherwise transferred my loan on XX/XX/XXXX, effective XX/XX/XXXX, without disclosing Affiliated Businesses such as Custodians ; Trusts ; Trustees and an Investment Bank who is the main party hiding behind this fraudulent transaction. RESPA 12 CFR 1024.15 requires disclosures of all Affiliated Business Arrangements and Mortgage Servicing Disclosure Statement, to inform the borrower whether or not the lender intends to service the account or pass it on to another servicing company. Moreover, RESPA and TILA both require disclosures about total compensation received by the lender. None of it was done.
On XX/XX/XXXX, Caliber claimed to be a current note holder. On XX/XX/XXXX XXXX informed me that the owner/investor is XXXX XXXX XXXX, XXXX, a part of XXXX XXXX et.al ( which was also not disclosed ). On XX/XX/XXXX Caliber said that owner/investor is XXXX XXXX. According to XXXX letter of XX/XX/XXXX they confirmed that the owner/investor is XXXX. See letters enclosed. I suspect that my loan was either never transferred to XXXX or was fraudulently repurchased under glimpse of delinquency. This scam is widely used by certain agents for Investment banks. For example from XX/XX/XXXX to XX/XX/XXXX, XXXX XXXX and the six senior executives pulled current, performing loans out of XXXX XXXX RMBS by falsely claiming they were delinquent in order to sell them at a profit into newly-issued RMBS, the SEC alleges. In addition, XXXX XXXX caused its XXXX XXXX RMBS prospectuses to be " false and misleading '' by improperly and deceptively using a XXXX XXXX rule that gave issuers the option to repurchase loans that were delinquent by three or more months. Worth to mention, on XX/XX/XXXX Caliber transferred my loan to XXXX XXXX ( another branch of XXXX ) who sold 8 million shares on XX/XX/XXXX using my loan as a collateral for their Company Initial Private Offering for about $ 170- {$190.00} million. Nobody informed me that I was used as a Guarator for XXXX IPO to create millions profits.
Furthermore, I learned that XXXX was not a Lender but a correspondence unit for Caliber who work for an investment bank, likely XXXX XXXX, XXXX XXXX or XXXX XXXX XXXX ( common Sponsors for XXXX XXXX MBS Trusts [ 4 ] ) who provided a line of credit to XXXX via Caliber to issue me a loan using sham conduits XXXX and Caliber, whom XXXX immediately transferred servicing rights on XX/XX/XXXX, or less than 30 days. Thus, it was fraud and a breach of contract from the beginning since XXXX was not a lender but an agent for an investment Bank ; and here were no money involved in this transaction neither from XXXX ( who works for a fee ), or Caliber who funded this loan with other people money ; or the investment bank whose line of credit to Caliber was based either on ( 1 ) my {$31.00} XXXX bailout ; or ( 2 ) loan from Federal Reserve which in XXXX was between 0.50 % and 0.75 % interest rate and lent to me under 3.5 % ; or ( 3 ) money collected in advance from investors whom this investment bank sold my signature, name and reputation myriad of times, without my knowledge or consent, which created a windfall of profits. Plus they get {$380.00} each month my interest payment. TILA requires disclosure of all compensation arising out of the origination of the loan. And compensation is very broadly defined. None of it was disclosed to me neither at the time of origination, not later, even though I specifically requested.
I was never informed that my loan was actually not a loan but an Initial Intent to Issue Mortgage Backed Securities which is governed by Securities Exchange Act of 1933, 34 ; and other securities laws pertained to unsecured instruments aka stocks and bonds. As an individual, I have no rights to issue securities using my name, signature and reputation, so I was misled about my real role in this transaction as an issuer and guarantor for securities to profit investment bank who use my name, my signature and my reputation to be sold on the open market several times a day.
Which gives rise to an implied contract in where I was essentially entitled to compensation or royalties arising from the transaction taken as a whole, includes all of the moving parts upon which the investment bank was relying. In both, the single transaction and step transaction doctrines, the essential issue is who are the real parties in interest, the investment bank and the borrower ( me ). Everything in between represents part of the transaction even if it was not disclosed. Both parties are entitled to the benefit of the bargain for the express written contract ( loan ) and the implied unwritten contract ( intent to issue securities and trade my name, signature and reputation ).
Thus, at least 15 % of these profits are a reasonable and fair compensation to me for profits received by the investment bank who actually lent me MY money in a form of their line of credit via sham conduits like XXXX and Caliber - all of whom received substantial unjust enrichment just by involvement in this transaction, without investing a single XXXX. No need to mention, by stealing from me thousands of dollars by Caliber via escrow account.
All stated above information and Calibers fraudulent manipulations with my escrow, created a reasonable concern that I am a victim of a massive fraud ; unlawful collection and other racketeering activities, including securities fraud. I demand Caliber and XXXX to cease and desist unauthorized use of my data ; and provide me verification and documents as stated above, along with disclosure of all profits received and 15 % royalties from sales.
Regards.
XXXX XXXX [ 1 ] Section 9-109 of the UCC states that it generally applies to any transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract. This includes agricultural liens, sales of accounts, [. ], promissory notes.
[ 2 ] XXXX XXXX XXXX [ 3 ] XXXX XXXX XXXX [ 4 ] XXXX XXXX XXXX
Company Response: Closed with explanation
2019-06-03
NJ
Applying for a mortgage
Mortgage: Other type of mortgage
Complaint: On XX/XX/XXXX, talking with company customer service, I finish my business an they ask if I want to talk to " Re-Fi ''. I say yes to find out the rate. He quotes me 6.1 %, I say no thanks and hangup. ( I have a current 3.5 % mortgage with the same company. On XX/XX/XXXX, I get a Docusign in my email for a refinance of my mortgage!
I call numerous times to numerous peoeple at Caliber Home loan to determine what this is ( see attached ). ( over 6 ca unanswered calls, and numerous people playing games to divert the conversation. Having looked over this form, Iwil state that at no time did I " withdraw the account ''. I saw niothing to that effect and never signed anything.
I have a concern about Caliber will now handle my existing mortgage, and if there was criminal or illegal activity by Caliber. An attorney has already been conferred with. I am awaiting your decision ( see further nites and attachment ).
Company Response: Closed with explanation
2019-06-03
Simi Valley, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Caliber is currently withholding over {$65000.00} in insurance proceeds that are suppose to be used to rebuild my home. The claim is over {$100000.00} and they have stated that to distribute any additional funds an inspection and 50 % completion and inspections is required. I am not sure how it would be possible to be 50 % complete in a $ XXXX project with only the {$40000.00} that has been distributed furthermore. They recommended that I schedule an inspection to demonstrate progress, I took there advice, that inspection has now been canceled three times. I have never felt so hopeless in my life, caliber should not be allowed to write mortgages if they can not service them.
Company Response: Closed with explanation
2019-05-31
Winton, CA
Trouble during payment process
Mortgage: VA mortgage
Complaint: XXXX bought home for XXXX. Taxes doubled from previous home owner. I paid back taxes. I refinanced in end of XXXX. I explained to individual who was performing refinance that my taxes were not right and he assured me they were. My payment for mortgage was at XXXX give air take a few dollars. Now in XXXX of this year I received a notice from caliber home loans that my taxes went up and I had a {$2700.00} escrow shortage and my payments were going to be XXXX now. Thats a {$400.00} difference a month. I explained to them I informed the individual performing the refinance in XXXX that my taxes were wrong and he assured me they were not. Now I have been late the last two payments and as of today late on the 3rd. They are unwilling to help me out in any way. They told me to call the VA about getting the loan modified but when I called the VA they said it is not there decision and to call caliber and have them try to help me. I have tried to get help with this since i got the notice but have been unsuccessful. I am the sole provider for my family and make under XXXX a year right now. I had no issues paying the XXXX a month but going up XXXX a month on a mistake by them I am struggling really bad. I have had to use a credit card to pay for certain things. My credit was up at XXXX XXXX right before the late payments and now it is at XXXX and probably going to drop below that because I will have to pay past 30 days again.
Company Response: Closed with monetary relief
2019-05-30
Harsens Is, MI
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
Company Response: Closed with explanation
2019-05-30
Oxford, GA
Improper use of your report
Mortgage: FHA mortgage
Complaint: I was contacted by Caliber Home loans associate named XXXX in the re-finance department she wanted to go over some options for a possible refinance she told me that she would just be Checking rates to see if it was possible to lower my payment I asked her twice if she would be pulling my credit report report and she said No because is not needed to check rates I know that to be true because I spoke with XXXX XXXX XXXX XXXX and did the same thing and they did not pull my credit. she never once stated or ask me for my permission to pull my credit report I woke up this morning on XX/XX/2019 and my credit report has been pulled a Caliber Home Loans without my consent. I know thats against CFPB rules
Company Response: Closed with explanation
2019-05-30
Rogers, AR
Trouble during payment process
Mortgage: FHA mortgage
Company Response: Closed with explanation
2019-05-29
Euclid, OH
Incorrect information on your report
Mortgage: Conventional home mortgage
Complaint: Caliber Mortgage reported my payment late for 2 months.
My payment was short by a small amount due to an increase in property taxes. Caliber accepted the entire payment rather than rejecting it. My taxes are not due for another 6 months. This should not be reported as a 30 day late payment on my credit report.
Company Response: Closed with explanation
2019-05-28
Ralston Corner, VT
Problem with a credit reporting company's investigation into an existing problem
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Problem with personal statement of dispute
Company Response: Closed with explanation
2019-05-25
Burbank, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: On XX/XX/XXXX, I received a letter from XXXX XXXX, XXXX proving that my account is owned by XXXX XXXX, XXXX XXXX XXXX, XXXX, Washington, DC XXXX, Tel. ( XXXX ) XXXX. The Federal Authorities are presently investigating all these accounts opened and unlawfully using my name and Social Security Number, as well as the different versions of my Note.
Also, XXXX confirmed that their " records indicate that the account transferred to Caliber Homes Loans , Inc. ( " Caliber '' ) on XX/XX/XXXX ''.
Since I did not receive a notice of that transfer from Caliber within 30 days of the transfer, ( XX/XX/XXXX ), pursuant to 15 U.S.C. 1641 ( g ), I automatically rescinded the loan under 15 U.S.C. 1635 and informed and served all parties involved.
Therefore, based on the above, we now request that Caliber return any and all documentation, including notes, deeds of trust, communications with and between XXXX XXXX, XXXX , XXXX, XXXX XXXX, XXXX,, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, the XXXX XXXX XXXX XXXX, et. al, and any and all Account Payment Histories, regarding the above referenced account, and or any other accounts you may have information about.
Also I found there were at least two ( 2 ) notes presented in different cases.
Company Response: Closed with explanation
2019-05-24
Seal Beach, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with monetary relief
2019-05-24
Fred, VA
Trouble during payment process
Mortgage: VA mortgage
Company Response: Closed with explanation
2019-05-23
Belville, NC
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
2019-05-22
Prior Lake, MN
Struggling to pay mortgage
Mortgage: Home equity loan or line of credit (HELOC)
Company Response: Closed with explanation
2019-05-21
Austell, GA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-21
Bakersfield, CA
Struggling to pay mortgage
Mortgage: FHA mortgage
Company Response: Closed with explanation
2019-05-21
Austell, GA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-21
Communication tactics
Debt collection: Mortgage debt
Frequent or repeated calls
Company Response: Closed with explanation
2019-05-20
NJ
Incorrect information on your report
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Public record information inaccurate
Complaint: There are scores of complaints and lawsuits against Caliber Home Mortgages for the same practice of stalling requests for loan mods, especially with houses like ours which had significant equity still and could be sold by the financial institution for a profit.
We are a senior couple who has a file over 200 pages thick, detailing our never-ending effort to get a loan modification, while we were in the process of selling our house. Often, on the same day we would get two letters, with the same date : one saying they had what they needed to process our loan mod, the other saying that they still needed more information. We sent the exact same information several times, but they responded after more than 30 days, so they needed another months ' information. In the middle of this battle, they said we were in foreclosure, and reported this to the credit bureau, although we never received anything from the courts, and the house was sold through traditional methods. This credit blemish has stopped us from purchasing a retirement condo ( we're both XXXX ) and I am wondering if there is a class action suit we could join or if there's another way of getting caliber to reverse their credit bureau report.
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Company Response: Closed with explanation
2019-05-16
Saint Cloud, FL
Incorrect information on your report
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-15
Jonesboro, GA
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
Company Response: Closed with explanation