Loan Servicer Issue that cascaded, Nevada

[thekingoftherain]

Thank you for taking the time to look at the post. My apologies for the length and any emotion included, please be kind as I am currently suffering. I have been financially wiped out and was able to retain my home with 100k of equity only due to a friend that was willing to help due to knowing the "ongoing" problems i've seemingly encountered.

It seemingly began when I had a horrific phone interaction with my loan servicer that lead to me looking them up online via the NMLS website and found out they were not licensed to service my loan at the time in my state and wrote a letter complaining about not being able to make a payment via my phone call and inquiring about their licensing status. I received a response saying they were licensed and in fact, later that same month after I wrote my complaint, they became licensed.

I was very concerned because I was not receiving statements on my mortgage and had called previously about this problem, in their response to my qualified written letter they blamed a system error as reason for not receiving a statement for 3 weeks after it's due date. 

I have suffered enormous catastrophe after this time which includes a close family member experiencing an accident at my home that required ongoing health care. This event caused a lot of trauma as it was an accident and unexpected and was immediately "life threatening". 

I attempted to seek help due to another event directly with my loan servicer and was declined, after, as I continued to make payments I looked for assistance via public programs and was denied assistance that took 3 months to get a response on that was due to not making payments on my mortgage, however, I clearly was making payments. 

I am very fearful about sharing too much so please forgive me for being vague, i am only doing so out of fear as I desperately need help.

Eventually, my loan servicer stopped accepting payments, I had one payment returned 50 days after and I cashed the cashiers check as I desperately needed the funds for medical care of my loved one. 

At that point, I stopped making payments as their care was my biggest concern. 

During the time of my foreclosure, I noticed that again it took my Loan Servicer more than 4 days to provide a statement.

Does this matter?

I have submitted information to the CFPB and am waiting for an answer as my loan server has asked for more time in their response. 

Their subjectively incorrect reporting has caused me enormous harm. 

I have seeked attorneys and all of them have basically advised bankruptcy, however, I would lose my multi decade career.

I will stop here.

Thank you for positivity or help shared on how best to address this concern.

 

 

 

 

[Harry Seaward]

9 hours ago, thekingoftherain said:

I was very concerned because I was not receiving statements

Why? I know they are required to send statements, but you knew how much your payment was, when it was due and how to get the payment to them. I don't know why this would be anything more than curiosity. 

9 hours ago, thekingoftherain said:

I have suffered enormous catastrophe after this time which includes a close family member experiencing an accident at my home that required ongoing health care. This event caused a lot of trauma as it was an accident and unexpected and was immediately "life threatening". 

This is unfortunate, but not the bank's problem. You agreed to pay $x every month for x number months.  Most lenders offer hardship programs, but they are aren't required to bail you out of a problem they didn't create.

People have to sell their house all the time due to financial difficulties.  If several attorneys have told you BK is your best option to save your home, they are probably right. If that jeopardizes your career, I'd put the house up for sale and save my job.

[outtadebt]

This is a somewhat confusing post. 

Mortgage servicers are required to send monthly statements.  They can not get out of that.  What you did not mention is whether this is the original servicer or if the servicing rights of the loan were transferred/sold.  Did this happen?  If so, were you provided notifications regarding the transfer and payments.  Servicers make many mistakes and violations of RESPA when rights are transferred or sold.  They just never get called out because it is really hard to get an attorney who knows what they are doing and willing to go after them involved. 

You have also mentioned you were denied assistance based on what appears as the servicer not reporting the payments.  Is that correct?  May have an issue there if you were denied help because they did not report positive payment history but only lates.

You claimed to have sent a QWR letter, but these have to be very specific to the issue in order to give you any shot at a legal advantage.  Even then, servicers can answer with almost anything and dodge the liability.   I went through a long battle with my servicer over escrow and insurance issues,  Many QWR's were fired off.  Took a while to learn how to write one so it nailed the dispute right and pinned them to an answer they had to provide without wiggle room.

I agree with Harry.  You do know the note has to be paid.  If they stopped accepting payments and returned them, it means you were at least 90 days delinquent or they considered the payments you made as a partial payment after one was less than the full amount.   It is very interesting what one payment for less than the full amount can do to all subsequent payments.

Paying something/the amount you believed correct each month gives you better position to take action.  That would have been helpful to draft a proper QWR around. It can show the servicer failed to follow their obligations.   The QWR could have been directed at how they specifically failed to provide statements and that led to what is now happening.

So lots of gaps in the information here to really understand your problem.  Call you provide more?  Can you name the servicer.  Some are notorious for bad behavior.  Also, you are in the RESPA area here.  This is very tricky and usually really needs an attorney to sort it out.