CFPB Complaint August 2014
The following is the body of the first complaint I filed with Consumer Financial Protection Bureau in August 2014.
DearSirs,
In 2006 my mother, Kathleen Kirkpatrick
took a HECM reverse mortgage on her home through Financial Freedom aka One West
Bank. 2900 Esperenza Crossing Austin,
Tx 78758. The loan # is 3000029129. Mom passed away on
Sept 15, 2013. I started contact with One West Bank prior to her death in an
effort to be proactive and express my intent to retain my family home. One West
Bank refused to talk to me at that time or offer any "salvage"
options. They never explained the HUD Redemption Program process or the fact
that there was an opportunity to retain the home built into the mortgage
process. Had this information been made
available, I would have been prepared for this retention option. I feel that
withholding this important information was the first of many stalling tactics
employed by OneWest Bank to prevent me from retaining ownership of the home.
Had I been given this information from the very beginning of this process I
would have been better equipped to manage the purchase of the home. At the time
of her death One West started foreclosure proceedings on the home and pursuant
to the HUD Redemption process, sent an appraiser out to appraise the home. At
the time of that appraisal and redemption offer I sent a letter of intent to
purchase the property. I was granted a short sale approval letter and began the
mortgage process to obtain financing for the purchase. Sadly the short sale
approval letter is only valid for approximately 30 days and then it expires and
the mortgage process is stopped, necessitating the filing of more documents to
One West Bank. In addition to the mortgage process the house had to be probated
and titled into my name as stated in mom's will. These things take more than 30
days. I have been battling this company
for over a year. To make a long story short, I am trying to obtain a third and
final short sale approval letter so I can close on the home before the
foreclosure sale date of Nov. 20th. The last approval letter expired on July
17, 2014. Prior to the expiration of this letter, I filed a third request for
extension and provided a second pre approval letter from my lender. One West
then requested an additional letter from my lender which included a closing
date. This was provided to them as requested.
I am currently set to close on a 203K refinance mortgage to settle this
matter. All I need is the approval letter from One West with enough time to get
to closing. I have requested the expiration date of said letter to coincide
with the foreclosure sale date of Nov 20th.
It is my feeling that One West is finding any way possible to stall this
process in an effort to avoid honoring the HUD redemption purchase of this
property. My family has lived in this house for over 50 years. It is my family
homestead. I would like to be able to obtain a final Short Saole Approval
letter from One West, with an expiration date that coincides with the Nov. 20,
2014 foreclosure sale date. This will allow me enough time to close on the
pending mortgage and retain ownership of my family home.
Sincerely,
Mary Dambacher
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