Seterus Mortgage Complaint

Seterus Mortgage department,

Conventional fixed mortgage Loan modification,collection,foreclosure Georgia

I bought my home in - with my friend. We owned the property as joint tenants with rights of survivorship, although my friend was the only borrower on the loan. The purchase money mortgage is owned by - and serviced by Seterus. After my friend passed away in - -, I became the sole owner of the home under Georgia law. The home is my primary residence. Although I was able to pay the mortgage for awhile, I am currently unemployed and am now - months behind on the payments. In - -, - Georgia, a Hardest Hit Fund program, approved me for 24 months of Mortgage Payment Assistance while I look for employment. Seterus refused to accept the - funds because it does not recognize me as the legal owner of the property and successor in interest. Over the last few months, I have sent Seterus numerous letters explaining why I am the legal owner and successor ; a letter signed by the closing attorney explaining that full title passed to me following my friend 's death ; my friend 's death certificate ; the warranty deed showing joint tenancy with rights of survivorship ; a letter from my


I am the Executrix, Personal Representative, or Administrator of my friend 's estate. Probate is irrelevant to my ownership because I inherited full title under Georgia law through the joint tenancy with rights of survivorship deed. However, Seterus is still refusing to speak with me and refusing to accept - assistance. By refusing to communicate with me, Seterus is demonstrating its non-compliance with 12 C.F.R. 1024.38 ( b ) ( vi ) which requires that servicers maintain policies and procedures that are reasonably designed ... to ensure that a servicer can ... Upon notification of the death of a borrower, promptly identify and facilitate communication with a successor in interest of the deceased borrower with respect to the property secured by the deceased borrower 's mortgage loan. In addition, Seterus is refusing to follow - guidance that says servicers must implement policies and procedures to promptly identify and communicate with the new property owner in connection with a property transfer that is an exempt transaction. '' - Lender Letter - and Servicing Guide Announcement -. This is an exempt transaction because it is a transfer of the property to the surviving party in the event of the death of a joint tenant. '' - - - -, -, Allowable Exemptions Due to the Type of Transfer. I have provided more than enough proof to Seterus that I am the successor in interest and own full legal title to my home, yet it still refuses to communicate with me or accept the - funds.