I applied for a loan modification and was denied based on the wrong income. ( see attached ) Due to a calendaring oversight, my appeal -- which was based solely on the servicer 's error -- was one day late. The letter was dated XXXX XXXX, and I was supposed to reply within 30 days of the date of the letter. I did n't receive the letter until XXXX XXXX. The servicer refused to consider my appeal on XXXX XXXX ( due on XXXX XXXX ) even though it was their mistake in the first place. 
I provided income documentation and proof of the rental and boarder income I receive. One portion of the income is from boarders who co-occupy my portion of the building I live in and own. This is the only income I was given credit for, {$2000.00} a month. 
The income from the rest of the building, {$4900.00}, is currently paid to the court-appointed foreclosure commissioner. Between the date of the foreclosure judgment and the foreclosure sale, the commissioner told my tenants they were to pay him. No sale date has been set, and the foreclosure was on hold while my loan modification was being reviewed, but the commissioner kept the rents. 
The servicer did not give me credit for the rents, even though I provided proof from the commissioner that he was receiving the money. See attached. 
I do not think it is fair to deny me a chance to be considered for a loan modification, because of a one-day oversight to make an appeal I was making based only because of the servicer 's mistake on my income. 
I am represented by an attorney and my attorney is helping me file this complaint. 
