Seterus, Inc. Mortgage Complaint

Seterus, Inc. Mortgage department,

Conventional adjustable mortgage (ARM) Loan modification,collection,foreclosure Florida

Our firm, - -, has been monitoring our client 's request for mortgage assistance with Seterus to ensure its compliance with Regulation - and other pertinent servicing guides. This is the third CFPB complaint we have had to file in connection with this client. After a year of back and forth Notices of Error, Seterus finally initiated a proper evaluation of our client 's loss mitigation application for the HAMP modification program. Subsequently, our client was offered a Trial Period Plan that was to begin in - 2016 and the last Trial payment would be made in - 2016. Now that our client has completed the Trial Period Plan, Seterus 's counsel in the pending foreclosure has sent us a Home Affordable Modification Agreement to be executed, which states the first modified payment is due - -, 2016. According to investor ( - ) guidelines, if the servicer elects to make the 1st modified payment due the 1st day of the second month following the end of the Trial Period Plan, the Borrower is not responsible for making a payment during the interim month, which in this case would be -. When we contacted Seterus regarding the - and - payment, the representative did not disclose that information. Moreover, the representative instructed us to tell the Borrower to make the - and - payment as if - was required. We believe that is an error and a false and deceptive statement. Additionally, the Home Affordable Modification Agreement contained a provision that was not authorized by -. The provision at issue is -. and states the following : " Any and all attorneys fees and legal costs incurred by Borrower or its representatives, with respect to this loan, will be the sole responsibility of the Borrower. '' Pursuant to the - - - published on - -, 2016, the agreement was ONLY to be revised according to the terms provided by -. The provision added by Seterus and/or its counsel was not authorized by - and should be removed.