{"took":180,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":125,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"1410081","_score":21.04753,"_source":{"product":"Mortgage","complaint_what_happened":"My bank neglected to notify me that my escrow was behind. \nAfter not notifying me they sent documents to my bankruptcy attorney advising they did notify me. \nI made my payment every month for the amount I thought was due. \nI spoke to the bank and was advised that. They did not notifyme because of the automatic stay. My attorney advised theywere sent a release letter so they could advise me. \nMy loan payments has increased since my bankruptcy andI was notified. In an effort to resolve the issue I calledSunTrust bank and asked what is owed. They refused toto tell me and refused to allow me to make payments. \nThey advised we want to go to court even though weknow you are trying to fix this. They have {$1700.00} in escrowplus I sent an additional XXXX even though they refused. \nMy payment now is XXXX I have been advised. The first {$2000.00} I sent afterthey refused my phone payment was made electronically from my account. I called to verify receipt and was told we got XXXX on XXXX XXXX 2015. This must be wrong I haveproof you got {$2000.00} then I was told the rest must have gone to fees. \nI am being forced into possible foreclosure for some reasonSunTrust wants my house not payments.","date_sent_to_company":"2015-06-08T14:56:38.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"FHA mortgage","zip_code":"23234","tags":null,"has_narrative":true,"complaint_id":"1410081","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SUNTRUST BANKS, INC.","date_received":"2015-06-08T14:56:37.000Z","state":"VA","company_public_response":"Company chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["After not notifying me they sent documents to my <em>bankruptcy</em> attorney advising they did notify me. \nI made my <em>payment</em> <em>every</em> <em>month</em> for the <em>amount</em> I thought was due. \nI spoke to the bank and was advised that. They did not notifyme because of the automatic stay. My attorney advised theywere sent a release letter so they could advise me. \nMy loan <em>payments</em> has increased since my <em>bankruptcy</em> andI was notified. In an effort to resolve the issue I <em>called</em>SunTrust bank and asked what is owed."]},"sort":[21.04753,"1410081"]},{"_index":"complaint-public-v1","_id":"1412027","_score":19.299538,"_source":{"product":"Mortgage","complaint_what_happened":"My mortgage is serviced by Shellpoint Mortgage Servicing. We, like so many people defaulted on our FHA mortgage during the recession. We filed Bankruptcy Chapter XXXX in XXXX of XXXX and started our plan as directed. Two months into the plan I became ill and had to leave my job. With me not working and not being able to keep up with BK plan our attorney and trustee agreed to convert to a Chapter XXXX and discharged on XXXX XXXX XXXX. At all times during the Bankruptcy our mortgage was with XXXX XXXX XXXX. We started talks with XXXX XXXX XXXX and started a loan modification in XXXX of XXXX. In mid XXXX of XXXX I received a phone call from XXXX XXXX XXXX office of the President and they would not do a modification and my loan was defaulted and sent to the FHA. They even told me that a company named Resurgent Mortgage Servicing would be taking over. For XXXX months we tried contacting Resurgent for three months we were told they had no information on us and to call back. On XXXX XXXX XXXX Resurgent filed foreclosure on us, I quess they knew who we were after all. \nAround the beginning of XXXX XXXX we received a letter from Resurgent saying they are changing their name to Shellpoint Mortgaging Servicing. \nWe are almost retired and decided we wanted to fight to keep our home, it was simply too important to our future. Resurgent would n't even talk to us. Phone call after phone call they kept saying we have no information on you or your property. We were desperate, we wanted help and finally we saw a TV commercial done by the Arizona State Attorney advertising a program called SAVE OUR HOME ARIZONA. \nWe made contact and found we qualified. We made our first payment on XXXX XXXX XXXX. We had our final Interview on XXXX XXXX XXXX. On XXXX XXXX XXXX we received our confirmation from the State of Arizona Department of housing that we had successfully graduated and our loan would be reinstated sending a check for XXXX which would cover full reinstatement all fees, back payments, and interest paid in full. Also a second check in the amount of XXXX for the reduction of principle also a third check to the Office of Housing FHA-Comptroller Director of Mortgage Insurance in the amount XXXX to clear FHA lien. \nSince the Reinstatement we have made every payment on time every month. Shellpoint received the Funds from the State of Arizona on XXXX XXXX XXXX it 's been a rollercoaster ride every since. It took till XXXX XXXX XXXX for Shellpoint to finally apply the funds to the account properly. The word reinstatement must be used by different people different ways. I pay every month, on time, they report to the credit bureaus as Discharged in Chapter XXXX. When I inquired, I was told to put my request in writing, and I did. They wrote back that they report to the credit bureaus as paid as agreed ( I HAVE THE LETTER ). Next when I called again they said it is the LAW, we have to report it as discharged in Chapter XXXX. There is no LAW of credit reporting, it is an agreement between the creditor and the bureau. \nFor the last two months they have been hitting with a charge of {$90.00} for an appraisal fee from a year ago. I have also paid this, and they always apply the extra payment to principle. So I have to call to get it applied right so far this {$90.00} is still applied to principle. \nHow are we to get rid of this high interest loan if they wo n't report the loan right? No one will touch us. We had a financial plan to refinance to a five year ARM, and in XXXX of XXXX to do a reverse mortgage, leaving us house payment free and ready to retire. \nWe have ALL documentation available at your request.","date_sent_to_company":"2015-06-09T00:33:41.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"Conventional fixed mortgage","zip_code":"85379","tags":"Older American","has_narrative":true,"complaint_id":"1412027","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2015-06-09T00:33:40.000Z","state":"AZ","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["Since the Reinstatement we have made <em>every</em> <em>payment</em> on time <em>every</em> <em>month</em>. Shellpoint received the Funds from the State of Arizona on XXXX XXXX XXXX it 's been a rollercoaster ride <em>every</em> since. It took till XXXX XXXX XXXX for Shellpoint to finally apply the funds to the account properly. The word reinstatement <em>must</em> be used by different people different ways. I pay <em>every</em> <em>month</em>, on time, they report to the credit bureaus as Discharged in Chapter XXXX."]},"sort":[19.299538,"1412027"]},{"_index":"complaint-public-v1","_id":"2767393","_score":18.864677,"_source":{"product":"Student loan","complaint_what_happened":"I was making regular monthly payments on my schools loans until XXXX when my husband lost his job of 32 years and we were forced into a XXXX XXXX bankruptcy to save our home. I was in a forbearance on my school loans for the 5 years I was in the bankruptcy. I was unable to access my account online and CS would not speak to me about my account during this time. The bankruptcy was dissolved in XXXX XXXX. I never received any statements from Navient. On XXXX XXXX, XXXX I receive an email stating that I was severely delinquent on my account. They were demanding over {$600.00} from me to be current. I called right away ... XXXX/XXXX/XXXX to discuss that this was the first notification I ever received from their company. The customer service rep insisted that they have been sending me numerous emails and they must have gone to my spam mail. However, I seem to be getting their numerous emails now. She also insisted that I demanded my statements through email, which I have never requested with this company. Most of my dealings were with XXXX XXXX. I never set up an account with Navient until XXXX/XXXX/XXXX when I received their email. Before the bankruptcy I received a paper statement in the mail every month. I explained to the CS rep that I lost my husband unexpectedly on XXXX XXXX, XXXX of this year and was left with no life insurance policy and my home is in the middle of foreclosure. I have been forced to find a place to rent and there was no way I can pay what they claim is my late charges and I can not afford the {$220.00} a month they expect as my monthly payments. Before the bankruptcy I was paying {$55.00} a month and I am not sure why it is so much now. She did explain that I could complete an application for an Income Driven Repayment plan and is sending me that in the mail. In the mean time she told me that she would put my loan in forbearance eliminating the past due amounts and my payments would be {$110.00} month starting in XXXX XXXX. However, my account on their site says something totally different and I have numerous emails now coming to me with different payment amounts. The latest one this morning stated that my monthly payment was {$190.00} due on XXXX/XXXX/XXXX. No one at this company seems to know what they are doing. You get a different answer every time you speak to someone and the amount you owe and the payments required changes constantly. They are unorganized and not very helpful. I just think this company should have better control over the services for their customers and be more accommodating to their individual needs and life circumstances and this would help them get the money that is owed. I am not looking to ignore my obligation. I am looking for someone to work with me to find a monthly amount I can afford and update my account on their website correctly so I can manage this and send me the emails that I need confirming the amount that I am obligated to pay each month and follow this up in writing and mailed to my home address. Although the representative I spoke with yesterday did soften once I told her my life situation, she was not very knowledgeable and did not update anything on my account. I also do not feel this company is very truthful. They never sent me any emails, nor did they ever notify me that my forbearance was now over and I needed to start paying on my loan. I got nothing except for the horrible email yesterday stating that I was delinquent. My husband and I had wonderful credit until 5 years ago when we fell on hard times. Instead of doing what the rest of America did and walk away from our mortgage, we stayed, filed the chapter XXXX and paid our mortgage every month ... only for me to lose my husband and now I will lose my house anyway. I am willing to pay my obligation to this company and believe in paying my debts ... I just need them to be truthful, upfront and helpful in getting a payment I can afford and updating their information correctly for people to manage their accounts effectively. I also feel that a follow up letter should always come through the mail if they feel someone is delinquent in their payments. They should not be relying on email. Thank you XXXX XXXX XXXX","date_sent_to_company":"2017-12-29T15:59:50.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"03054","tags":null,"has_narrative":true,"complaint_id":"2767393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2017-12-29T14:23:59.000Z","state":"NH","company_public_response":null,"sub_issue":"Trouble with how payments are being handled"},"highlight":{"complaint_what_happened":["Before the <em>bankruptcy</em> I was paying {$55.00} a <em>month</em> and I am not sure why it is so much now. She did explain that I could complete an application for an Income Driven Repayment plan and is sending me that in the mail. In the mean time she told me that she would put my loan in forbearance eliminating the past due <em>amounts</em> and my <em>payments</em> would be {$110.00} <em>month</em> starting in XXXX XXXX."]},"sort":[18.864677,"2767393"]},{"_index":"complaint-public-v1","_id":"3250474","_score":18.725641,"_source":{"product":"Mortgage","complaint_what_happened":"To whom it may concern, My name is and I am a customer of yours, account number, in XX/XX/XXXX My wife and I had entered chapter XXXX bankruptcy due to overspending and being heavily in debt. We never missed a payment but realized that we were not getting ahead. When our case was filed, the courts ordered an escrow analysis on our account. When the results came in it was noted that our account was short the cushion that is required, so in turn raised our payment to accommodate the shortage. We were never mailed said analysis nor were we notified. Even after the analysis was done, we received a statement with our old amounts on it even after the date was given on the analysis said they would raise. When we finalized our case and signed all the paperwork, we did not notice the raise in our payment. So, we continued to pay the old amount for 48 months. If we would have received an analysis, or if would have been sent to the courts or my attorney, the next year I could have adjusted my payments then I would not be in this predicament. \nIn XX/XX/XXXX we received a statement with all the numbers on when that hadnt been the case before due to the federal law and the new changes. After reviewing the statement, I noticed that we had what was called monies in suspension so I inquired about this and that is when I found out about the arrearages. I instructed my Wife, who pays the bills in my house as with most households to start paying a little extra on top of the new amount. So, we proceeded to do so for the 12 or so months. \nIn XX/XX/XXXX I pursued this matter even more and started to do my own digging and concluded that your company has not done an analysis for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. After many phone calls to your customer service dept. We finally realized this, however no one in the department would or could not answer the reason why. So, the person I was dealing with expedited an analysis for XX/XX/XXXX and the previous years however those years were not performed. \nI have been calling about this matter for 2 months now, if not every morning but close to it. I have reached the customer care person, the escrow person the director of that division and so on. \nAfter receiving the payment history from my insurance company and my property taxes and performing my own analysis there are some discrepancies that need to be addressed. \nBankruptcy is stressful enough but the process of getting this straight is very taxing. And all I want is when I come out of Bankruptcy in XX/XX/XXXX that it is a smooth transition and I can move forward without any further blemishes on my credit report. \nI am writing this letter for your assistance in this matter as I am not getting anywhere with the customer service, I keep calling every day. I am a man that if I owe, I will pay but you must give me proper documentation stating so. \nThank You","date_sent_to_company":"2019-05-22T15:25:38.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"48071","tags":null,"has_narrative":true,"complaint_id":"3250474","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"Ditech Financial LLC","date_received":"2019-05-22T15:17:38.000Z","state":"MI","company_public_response":"Company believes complaint is the result of an isolated error","sub_issue":null},"highlight":{"complaint_what_happened":["Even after the analysis was done, we received a statement with our old <em>amounts</em> on it even after the date was given on the analysis said they would raise. When we finalized our case and signed all the paperwork, we did not notice the raise in our <em>payment</em>. So, we continued to pay the old <em>amount</em> for 48 <em>months</em>. If we would have received an analysis, or if would have been sent to the courts or my attorney, the next year I could have adjusted my <em>payments</em> then I would not be in this predicament."],"issue":["Trouble during <em>payment</em> process"]},"sort":[18.725641,"3250474"]},{"_index":"complaint-public-v1","_id":"1771695","_score":18.666126,"_source":{"product":"Mortgage","complaint_what_happened":"My current servicer, faye servicing, has not provided me with my annual escrow statement. I am in an active chapter XXXX bankruptcy. My lender has an authorization on file from my attorney to speak to me about all aspects of My loan. Despite being in an active chapter XXXX, I get a call from a representative requesting me to make a payment on the loan every month. I do make my payment every month, however, as there is currently no penalty, I make it towards the end of the month. When the person called me this month called for payment, they mentioned that the amount was {$2600.00}. My PITI is {$2000.00} so I was very surprised to hear this. The associate mentioned that there was an escrow analysis done in XXXX and I had a shortage. This does not make sense to me as my taxes have decreased every year since Hurricane XXXX, as my home had been damaged by the storm. My flood insurance increased by {$300.00} annually. This does not warrant a {$6000.00} annual increase. I am demanding an out of cycle escrow analysis and also to be sent a copy of this. I am requesting any reserve requirement to be removed. While I understand that RESPA allows lenders to collect a reserve of 16.667 % in NY, I also know that if I request it to be removed, it must be. If there is a shortage, I am requesting that shortage to be spread over 60 months interest free, also allowed by RESPA. I am also requesting a payment history from when Faye acquired my loan until today, as I need to verify how they have been applying my payments. On top of this, I had completed a HAMP modification in XXXX 2011. As part of this I am supposed to receive an annual incentive applied to my prinicipal I the anniversary of my modification for the first 5 years of the modification.. Last year I had to ask for them to do this, otherwise I believe they would have kept the money for themselves. \nPlease note that in no way am I experiencing a hard ship or requesting any financial assistance and do not want my payment dispute to be confused in any way. I simply need to ensure that this lender adheres to all requirements of a lender and provide me with the documentation that they are supposed to. I also do not want a XXXX Line generic response, as they provided in response to my last complaint. Or a rude response as my so called account manager XXXX ( sp? ) has provided. I look forward to hearing back. I can be reached at XXXX.","date_sent_to_company":"2016-02-05T21:26:57.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"Conventional fixed mortgage","zip_code":"11520","tags":null,"has_narrative":true,"complaint_id":"1771695","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fay Servicing, LLC","date_received":"2016-02-04T01:55:28.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I am in an active chapter XXXX <em>bankruptcy</em>. My lender has an authorization on file from my attorney to speak to me about all aspects of My loan. Despite being in an active chapter XXXX, I get a <em>call</em> from a representative requesting me to make a <em>payment</em> on the loan <em>every</em> <em>month</em>. I do make my <em>payment</em> <em>every</em> <em>month</em>, however, as there is currently no penalty, I make it towards the end of the <em>month</em>. When the person <em>called</em> me this <em>month</em> <em>called</em> for <em>payment</em>, they mentioned that the <em>amount</em> was {$2600.00}."]},"sort":[18.666126,"1771695"]},{"_index":"complaint-public-v1","_id":"15557325","_score":18.204035,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"For almost 3 years, BMO has systematically created barriers that make it nearly impossible for me to make payments on my trailer loan, despite being the primary borrower who never filed bankruptcy. \n\nTimeline of BMO 's Obstructive Practices : XXXX : After my husband ( co-borrower ) filed bankruptcy in XXXX, BMO removed XXXX online banking access even though I am the primary borrower who never filed bankruptcy myself. XXXX claims this is their \" policy. '' XXXX : BMO forces me to call and spend an average of 45 minutes on hold for every routine payment. I attempted to make payments consistently despite these barriers for over 2 years. \n\nIn XXXX, BMO required me to visit a branch office in XXXX, Oregon ( where I was living at the time ) in-person just to \" prove my identity '' to make a phone payment - an unreasonable requirement for routine transactions. \n\nRecent attempts : When calling their direct bankruptcy department number, I get automatically transferred to collections when trying to make a payment. Collections agents refuse to provide basic account information and claim they must transfer me back to the bankruptcy department, which is perpetually \" unavailable. '' XX/XX/XXXX : Called XXXX, Idaho branch for help. XXXX employee filed internal complaint but stated he has \" no visibility '' into my account and can not help customers with loan issues. No one called back. \n\nToday ( XX/XX/XXXX ) : Called main number again, collections representative refused to tell me what amount needed to bring account current and refused to transfer me to a supervisor. Left multiple voicemails for bankruptcy department - no response. \nImpact : This systematic obstruction has made it impossible to maintain payments despite my willingness and ability to pay. I am now 9 months behind solely due to BMO 's barriers to payment acceptance.\n\nBMO 's deliberate barriers to payment acceptance have severely damaged my credit score. This credit damage has created ongoing financial harm including reduced credit score affecting my ability to qualify for lower interest rate loans and credit products, loss of access to competitive refinancing options that could lower my monthly debt payments, increased borrowing costs on future loans, mortgages, and credit applications, potential denial of credit applications due to the delinquent account BMO created through their obstructive practices, higher insurance premiums and deposits that are tied to credit scores, and employment and housing application complications in credit-sensitive industries. The financial impact extends far beyond this single loan as BMO 's systematic barriers have cost me thousands of dollars in higher borrowing costs and will continue to impact my financial opportunities for years to come. This ongoing economic harm stems directly from BMO making it impossible for a willing, capable borrower to make routine payments.","date_sent_to_company":"2025-08-27T21:13:01.000Z","issue":"Struggling to pay your loan","sub_product":"Title loan","zip_code":"837XX","tags":null,"has_narrative":true,"complaint_id":"15557325","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BMO BANK NATIONAL ASSOCIATION","date_received":"2025-08-27T20:51:22.000Z","state":"ID","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["No one <em>called</em> back. \n\nToday ( XX/XX/XXXX ) : <em>Called</em> main number again, collections representative refused to tell me what <em>amount</em> needed to bring account current and refused to transfer me to a supervisor. Left multiple voicemails for <em>bankruptcy</em> department - no response. \nImpact : This systematic obstruction has made it impossible to maintain <em>payments</em> despite my willingness and ability to pay. I am now 9 <em>months</em> behind solely due to BMO 's barriers to <em>payment</em> acceptance."]},"sort":[18.204035,"15557325"]},{"_index":"complaint-public-v1","_id":"2688873","_score":18.116602,"_source":{"product":"Mortgage","complaint_what_happened":"I sent an electronic bank payment in the amount of {$1100.00} to Flagstar Bank on XXXX XXXX, XXXX to pay a past due \" regular monthly payment '' currently {$1000.00}. Flagstar rejected the payment without cause or explanation and on XXXX XXXX, XXXX {$1100.00} was credited to my checking account. When I contacted Flagstar to inquire the reason for the rejection, a customer service representative stated that my mortgage was past due and that two ( 2 ) 'regular monthly payment [ s ] ' would need to be submitted. On XXXX XXXX, XXXX, I sent an electronic payment to Flagstar Bank in the amount of {$2200.00}. Flagstar rejected the payment without cause or explanation on XXXX XXXX, XXXX and {$2200.00} was credited to my checking account. When I called to inquire the reason for the rejection, a customer service representative stated that my mortgage was past due and I must submit three ( 3 ) 'regular monthly payment [ s ] '. Because Flagstar has refused to accept my payments, I attempted to make in XXXX and XXXX XXXX, my mortgage is currently five ( 5 ) months in arrears. Flagstar 's rejection of my payments has caused my home to be at risk for foreclosure. I dispute any late charges since XXXX XXXX since I made good faith efforts to pay Flagstar mortgage payments. It should also be noted that in XXXX XXXX, I advised Flagstar that I was suffering a financial hardship and at that time I completed a loss mitigation application. Flagstar took excessive time to review my application, which caused my documents to expire. When the documents expired, Flagstar sent correspondence stating that my loss mitigation application was incomplete. I continued to resubmit information to satisfy the incompleteness. Finally in XXXX XXXX, Flagstar offered me a re-payment plan increasing my monthly mortgage payment by approximately {$800.00}. Flagstar 's loss mitigation offer would deprive me the ability to save my home and drive me into foreclosure. I rejected Flagstar 's re-payment plan offer. In XXXX XXXX, I submitted a new loss mitigation application due to my continued financial hardship and at that time was two ( 2 ) months behind on my mortgage. Again, Flagstar took excessive time to review my application, causing documents to expire. When the documents expired, Flagstar sent correspondence stating the loss mitigation application was incomplete. I continued to re-submit documentation to satisfy the incompleteness. I was denied mortgage modification and the re-payment plan proposed by Flagstar was beyond my financial abilities. \n\nI felt my only choice to keep my home was to file Chapter 13 Bankruptcy and create a re-payment plan that was feasible. In XXXX, I filed for Chapter 13 and began making monthly payments to the bankruptcy trustee for the mortgage arrears as well as making my regular monthly mortgage payment directly to Flagstar. Payments to both the bankruptcy trustee and Flagstar have been made every month since and no payments have been missed. On Wednesday, XXXX XXXX, XXXX, I was notified by my bank that they \" tried to process your payment to Flagstar Bank for {$990.00} on XXXX/XXXX/XXXX, but it was returned to our processing center due to the payee 's refusal to accept the payment. '' On the morning of XXXX/XXXX/XXXX, I spoke with XXXX at Flagstar Bank Customer Service to inquire about the rejected payment and he was unsure why the payment was rejected. He said he would have to look at it and give me a call later to discuss. I did not receive a return call from XXXX or anyone else with Flagstar. That same day, I contacted my bank to inquire if there were any notations to the transaction that was rejected and they could find none. The bank customer service representative noted that it seemed odd that the recent payment would have been rejected since the previous three ( 3 ) months payments were made in the same amount and in the same manner via electronic bill payment. I asked my bank to send proof of payment and I received one for each three ( 3 ) payments that were accepted by Flagstar for XXXX, XXXX, and XXXX XXXX. \n\nI have made an agreement through bankruptcy to pay back arrears to Flagstar mortgage and by participating in the bankruptcy, Flagstar has agreed to accept my payments to satisfy the arrearage and bring my mortgage current. By refusing to accept my recent XXXX XXXX, XXXX payment, they have breached their agreement to participate in the bankruptcy re-payment plan. The stress and financial difficulty that FlagstaXXXX has added to my life is severe. It is unfair for such a large bank to take advantage of a small consumer that is trying to do the right thing. I would like to see a penalty or reprimand issued to Flagstar for its unfair business. If their failure to accept payment while under bankruptcy protection voids Flagstar 's right to participate in bankruptcy, I wish for the Court or any other agency to take action against Flagstar. \n\nI would also like for Flagstar to accept my XXXX XXXX payment, waive any late charges, issue a letter of apology to me, and send a letter to the bankruptcy trustee explaining their failure to accept my payments as an error on their end.","date_sent_to_company":"2017-09-29T14:54:51.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"325XX","tags":null,"has_narrative":true,"complaint_id":"2688873","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Flagstar Bank, N.A.","date_received":"2017-09-29T14:16:11.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["<em>Payments</em> to both the <em>bankruptcy</em> trustee and Flagstar have been made <em>every</em> <em>month</em> since and no <em>payments</em> have been missed."],"issue":["Trouble during <em>payment</em> process"]},"sort":[18.116602,"2688873"]},{"_index":"complaint-public-v1","_id":"5941518","_score":17.860743,"_source":{"product":"Student loan","complaint_what_happened":"My father co-signed on a series of private student loans through Key Bank when I was XX/XX/XXXX years old in XXXX. I began payment plans on these loans upon graduating college. I always paid full amount due each month and always on time. Several years later my father filed bankruptcy. I received a letter from the servicer in XX/XX/XXXX that my automatic payments would be discontinued on my behalf and that they would no longer be collecting the monthly payments from me. A year and a half or so went by and my father must have completed his bankruptcy. I was contacted by Key Bank and now suddenly my loans were due in full. This baffled me because I am a responsible financial person who has always paid every payment due from me on time and maintains an XXXX credit score typically. So I tried working with the servicer instead on setting up another payment plan. I paid a few payments as agreed, but some information they had given to me in the account numbers was incorrect and the payments were not being received in full. I tried contacting the business by phone a few times on this. Before I knew it a collection agency was calling me and harassing me. These collectors are down right rude! I ended up settling the debt in full through the collection agency in XXXX. Then in XXXX i began receiving more harassing phone calls from debt collectors once more to collect on the same debt. I let them know I had already settled the debt in full. They refused to believe me and treated me as if I was lying. So I called Key Bank myself to try to confirm. I was connected to several people at Key Bank and no one could find my loan. They insisted that they were searching their student loan data bases and I was no longer in the system. So I tried to contact the collector but could not get ahold of them. They contacted me again about XXXX months later again with harassment and accusing me of lying. Apparently they had gotten information from Key Bank that had XXXX record of my settlement. Key Bank is not organized and has wronged me in several instances in trying to collect my debt.","date_sent_to_company":"2022-09-01T15:09:13.000Z","issue":"Dealing with your lender or servicer","sub_product":"Private student loan","zip_code":"322XX","tags":null,"has_narrative":true,"complaint_id":"5941518","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"KEYCORP","date_received":"2022-09-01T14:38:49.000Z","state":"FL","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["I began <em>payment</em> plans on these loans upon graduating college. I always paid full <em>amount</em> due each <em>month</em> and always on time. Several years later my father filed <em>bankruptcy</em>. I received a letter from the servicer in XX/XX/XXXX that my automatic <em>payments</em> would be discontinued on my behalf and that they would no longer be collecting the monthly <em>payments</em> from me. A year and a half or so went by and my father <em>must</em> have completed his <em>bankruptcy</em>."]},"sort":[17.860743,"5941518"]},{"_index":"complaint-public-v1","_id":"10172910","_score":17.550924,"_source":{"product":"Mortgage","complaint_what_happened":"My ex of 19 years left me in XXXX of XXXX - 18 months after we purchased a home. Both of our names are on the mortgage with Freedom Mortgage. We obtained lawyers and did a division of assets. He signed a quick claim deed renouncing virtually all ownership in the home and I assumed full responsibility for paying 100 % of the mortgage. For the last two years, I have made all of the monthly payments in full ( or so I thought ) and on time. \n\nA year after my ex left me ( XXXX XXXX ), he filed for bankruptcy. The mortgage was caught in the proceedings. Freedom Mortgage ( FM ) stopped all communications with me ( no online access to my account, no mail, nothing, etc. ) and I no longer could see my monthly account statements. In XXXX, the escrow was increased, but I had no way of knowing this. I continued to make the monthly payments at the older amount. It wasn't until XXXX that I learned my {$6300.00} monthly payments were short by approximately {$89.00}. I also discovered my XXXX mortgage payment had never been applied to the loan. \n\nI called FM approximately two dozen times over two months and received neither an explanation as to what was going on or how I could resolve the issue. I kept records of most calls and who I spoke with asking many times to speak with a supervisor. Still, no progress. In XXXX of XXXX, FM reported to the credit bureaus that I was delinquent in my mortgage by approximately {$14000.00}. My credit score dropped by approximately XXXX points, which jeopardized my government job. \n\nI wrote FM a lengthy description of what occurred, and I finally talked with someone who informed me what was going on. I immediately mailed a check for the {$500.00}, which was the amount my account was in arrears. I was told the {$14000.00} indebtedness was an automated letter that was inadvertently sent out, but later FM said they would claim no responsibility for the erroneous report to the credit agency, but they would change the submission to the credit agencies to a negative report. They did so and my credit score has returned to the XXXX level. Several months earlier, FM also gave me back my online access so I could view my account statements. \n\nThis month, FM once again, and without notice, stopped giving me access to my monthly online account statements. Today I learned, they refuse to provide me with any information regarding my own account over the phone, by email, or through their website - an account for which I make 100 % of the payments. I don't see why my ex 's bankruptcy should prevent from knowing anything about my own account - an account for which I am the primary and responsible for through a legal agreement. How am I supposed to be notified of any changes in payment amounts if FM refuses to give me any information to me about my own account? \n\nToday, FM told me I need to contact my ex and have his lawyer give me access to my own account. There is a restraining order that prevents communication between us because of the abuse I was subjected to. Is this really the only answer? \n\nI know FM must follow bankruptcy laws, but these laws should not be causing pain and suffering to someone who has never once filed for bankruptcy and has made every effort to pay his monthly bills in full and on time. I'm an older veteran that lives alone. Can you assist me? I will be sending a copy of this letter and all attachments to my congressman and the XXXX XXXX.","date_sent_to_company":"2024-09-19T01:24:22.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"92108","tags":"Servicemember","has_narrative":true,"complaint_id":"10172910","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Freedom Mortgage Company","date_received":"2024-09-19T00:16:07.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Trying to communicate with the company to fix an issue while managing or servicing your loan"},"highlight":{"complaint_what_happened":["I know FM <em>must</em> follow <em>bankruptcy</em> laws, but these laws should not be causing pain and suffering to someone who has never once filed for <em>bankruptcy</em> and has made <em>every</em> effort to pay his monthly bills in full and on time. I'm an older veteran that lives alone. Can you assist me? I will be sending a copy of this letter and all attachments to my congressman and the XXXX XXXX."],"issue":["Trouble during <em>payment</em> process"]},"sort":[17.550924,"10172910"]},{"_index":"complaint-public-v1","_id":"2713825","_score":17.381514,"_source":{"product":"Mortgage","complaint_what_happened":"We filed for bankruptcy in XX/XX/XXXX and at that time, our mortgage was being serviced by XXXX XXXX. Any past due amount owed to XXXX was paid as part of our Chapter XXXX plan and our account was brought up to date. Then in approximately XX/XX/XXXX, Greentree acquired our mortgage, which then eventually changed names to Ditech. It was during this transition that a missed payment must have occurred or was paid later than normal, which caused our account to become past due. It was also during this time period when there was some confusion as to what our monthly payment should 've been. We received an Escrow Evaluation for our mortgage in XX/XX/XXXX, which showed our new estimated monthly payment to be {$1800.00}, when in actuality, it remained at {$1900.00}. So for many months, I was under-paying our mortgage, not realizing the amount on the Escrow Evaluation did not reflect what was actually due on our account each month. It is still unclear to me as to why our payment remained at {$1900.00}, when the evaluation clearly stated {$1800.00}. Also, because of our bankruptcy, monthly statements from Ditech only showed payments made and not what was due or any past due amounts. It was not until just prior to our discharge, we learned of our delinquency. If this was brought to our attention much sooner or at least shown on monthly statements, we couldve had the opportunity to bring our account up to date. \n\nWe want to remain in our home and have tried to work with Ditech. We have continued to make our monthly payments on time but are still behind about 90 days. We requested a loan modification the first part of XX/XX/XXXX and filed all the necessary paperwork by XX/XX/XXXX. They have done absolutely nothing with our account and just keep giving us the run-around by requesting more information that is clearly laid out in our application, paystubs and statements we already provided them. We have still not received a single letter or notification that they are processing our loan modification request. Every time we make a call to Ditech, which is several times a week, they just say that underwriting has not reviewed it yet and will need more time. I think 3 months is plenty of time to make a decision regarding our modification request. We can never get passed the customer service rep that answers the phone, which is a different person each time, so we feel like we have hit a brick wall with Ditech. No one seems to care that it 's been 3 months since we first filed our application. We just want to work out a payment plan with them to bring our account up to date. But they do n't seem to want to help out the consumer at all. We do n't know what else to do. HELP!","date_sent_to_company":"2017-10-27T19:36:49.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"801XX","tags":null,"has_narrative":true,"complaint_id":"2713825","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ditech Financial LLC","date_received":"2017-10-27T18:35:01.000Z","state":"CO","company_public_response":"Company believes complaint is the result of an isolated error","sub_issue":null},"highlight":{"complaint_what_happened":["We filed for <em>bankruptcy</em> in XX/XX/XXXX and at that time, our mortgage was being serviced by XXXX XXXX. Any past due <em>amount</em> owed to XXXX was paid as part of our Chapter XXXX plan and our account was brought up to date. Then in approximately XX/XX/XXXX, Greentree acquired our mortgage, which then eventually changed names to Ditech. It was during this transition that a missed <em>payment</em> <em>must</em> have occurred or was paid later than normal, which caused our account to become past due."]},"sort":[17.381514,"2713825"]},{"_index":"complaint-public-v1","_id":"4974975","_score":16.708708,"_source":{"product":"Mortgage","complaint_what_happened":"Dovenmuehle Mortgage refuses to provide detailed information ( payment month/year ) as to how the partial claim amount of {$21000.00} will be applied to my account. In my complaint, later dated XX/XX/XXXX, I asked for a detailed explanation of how the {$21000.00} will be applied to my account and a detailed explanation of how my XXXX  payments ( {$16000.00} ) were applied to my account ( month/year/amount ). I also requested an explanation for why the company refused to respond/resolve the numerous written/faxed/emailed inquiries. The company did not even comment on the info provided in my last letter regarding the countless calls and agents I've spoken to trying to get this issue resolved. Each explanation the company provides leads to more confusion for me. \n\nIn addition, the company has not explained why the partial claim documents do not reflect the actual months that I was on the XXXX Forbearance. The company has stated that partial claim documents were drawn up in XXXX of XXXX, which has a calculation that includes XXXX payments at {$1300.00}. I need to know which month/year were included in the partial claim amount for XXXX payments @ {$1300.00} and XXXX payments @ {$1600.00} ( Again, I need to know for which month/year ). \nPer the documents I've provided, my XXXX Forbearance ended in XX/XX/XXXX. At that time, according to every loss mitigation agent I spoke to, the Partial Claim documents SHOULD have been drawn up, which I've documented in my complaint letter dated XX/XX/XXXX, which would have reflected XXXX as my last unpaid month. Dovenmuehle has not explained WHY the Partial Claim documents were drawn up in XXXX of XXXX - XXXX MONTHS AFTER I ended the XXXX Forbearance and resumed making my monthly mortgage payments. I need a detailed explanation of why this occurred and WHY the documents were drawn up AFTER your legal counsel met with my bankruptcy attorney and approved the partial claim amount. I returned those documents signed and notarized by certified mail. What is the current status of my partial claim request? Was it based on the partial claim documents that my attorney approved? \n\nTHUS FAR, I've paid a total of {$16000.00}, XX/XX/XXXX thru XX/XX/XXXX. If the {$21000.00} partial claim amount is being applied to what appears to be XXXX months in XXXX and XXXX  months in XXXX. AGAIN, I need a detailed breakdown of how the {$21000.00} will be applied to my account, month/year/amount. I NEED A DETAILED EXPLANATION OF HOW THE {$16000.00} that I've made in XXXX PAYMENTS WILL BE/HAS BEEN APPLIED TO MY ACCOUNT ( XXXX thru XX/XX/XXXX ). Without this explanation, NONE OF WHAT YOU'VE PROVIDED MAKES SENSE. Because based on what you are saying, I should be receiving a refund for the amounts I've paid in XXXX if the partial claim amount is for all of XXXX, based on what you've stated in this letter. I must receive a detailed explanation of how my XXXX payments will be applied. I've reviewed the payment history you've provided, which is extremely difficult to understand. It is unclear, and I do not know your company 's codes and how transactions are posted. Even your loss mitigation reps could not explain it. \n\nLastly, I made XXXX payments in XXXX of {$1600.00}, which {$300.00} of which should have gone to my escrow shortage. Please advise why only {$1000.00} of it went towards the escrow account and not the full amount of $ XXXX. \n\nKind Regards, XXXX XXXX","date_sent_to_company":"2021-12-03T13:45:46.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"30014","tags":null,"has_narrative":true,"complaint_id":"4974975","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Dovenmuehle Mortgage, Inc.","date_received":"2021-12-03T13:12:07.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Dovenmuehle Mortgage refuses to provide detailed information ( <em>payment</em> <em>month</em>/year ) as to how the partial claim <em>amount</em> of {$21000.00} will be applied to my account. In my complaint, later dated XX/XX/XXXX, I asked for a detailed explanation of how the {$21000.00} will be applied to my account and a detailed explanation of how my XXXX  <em>payments</em> ( {$16000.00} ) were applied to my account ( <em>month</em>/year/<em>amount</em> )."],"issue":["Trouble during <em>payment</em> process"]},"sort":[16.708708,"4974975"]},{"_index":"complaint-public-v1","_id":"3070394","_score":16.625921,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I filed bankruptcy in XX/XX/XXXX as a single filer, my spouse did not file. Ally Financial filed a claim for the full amount of the loan with the courts. At that time they indicated that the amount outstanding was XXXX, with a loan total of over XXXX. which was noted as late charges on our account. ( Since purchasing this vehicle it should also be noted we have had to spend almost XXXX on repairs to the vehicle which were due to know manufacturing defects in this vehicle when sold to us by our dealer and are having these claims investigated and has cause a larger financial strain on us. ) Once the Bankruptcy was filed, the account was shut down online with no access even to my non filing spouse, there were no statements, no verbal communication, or other contact via mail to my non filing spouse. NO payments would be accepted and the auto pay feature that we had set up was shut down so no payments were taken for 10 months. We had been advised by our attorney to set up the auto pay feature to our loan so that they payments would continue, however Ally shut the entire account down. They would not discuss the account due to the claim in the bankruptcy courts and the auto stay. \n\nFast forward to XX/XX/XXXX, We woke to tail lights in our driveway on XX/XX/XXXX. The were repossessing the vehicle in my husbands name. A phone call was made to ALLY bankruptcy solutions and I requested information as to why the car had been removed from my driveway. I was met with a very rude, and dismissive female by the name of XXXX who advised me that we were 274 days late with payments ( payments they would not allow us to make, or discuss, and had not withdrawn based on the auto pay set up ) I inquired as to why there was no communication of balances dues, statements being sent, no communication related to the non filing spouse my husband. She very rudely and demeaning voice she told me I should consult my attorney because I obviously did not understand the bankruptcy stay rule, and when I pointed to the fact that my husband who was the primary on the account was not the one filing bankruptcy, she advised that the consider the contract as ONE contract, and that because of the bankruptcy stay, that she again told me I must not understand and should contact my attorney about did not enable them to contact, send statements, or take payments from us. The stay on the vehicle was lifted on XX/XX/XXXX per XXXX this is the day they received notification. She stated that her department had attempted to reach my husband regarding the vehicle on two different occasions, however we did not receive the phone calls, and explained to her the phone calls were not received. I inquired as to why they had not sent a letter by regular mail, or certified mail, as they had shut down the account, and not communicated with my husband in any way. She became even more belligerent and yelled at me telling me that I obviously didn't understand the bankruptcy laws on the \" stays ' and that it was our tough luck if we didn't get the calls. I advised her I had received a call to me personally, not my husband the night before I made this call to her, but it was an hour prior to their office closing, and they had taken the car before I could even call and inquire about the nature of the call that evening. She again kept being belligerent and rude, offering me no further explanations except that the Bankruptcy Stay did not allow communication with my spouse or myself prior to XX/XX/XXXX and that it was our tough luck. We would have made arrangements to get the payments figured out. We are also having issues with the IRS and they had just levied my husband 's bank account taking all of our money, but we could have had my attorney contact them if we had been given the chance. There was no attempts at rectifying this with us, and no cooperation with them. Without sending statements, shutting our account down, canceling the auto pay feature, and refusing to communicate with us due to the bankruptcy stay, which XXXX made me quite aware that is why they hadn't reached out to my spouse regarding the past due payments, we had no way of making every effort to make right on the past due. It was not communication at least making sure my husband was aware of this lift and could make payment arrangements. This lack of cooperation, and refusal to find a solution to our problem has created greater financial hardships. Also I received a letter indicating that I was represented \" pro se '' in my bankruptcy which was not the case at all. I have had attorney representation since the start of my bankruptcy, they even sent a copy of the claim to my attorney with a copy of the contract. Our vehicle is due to be sold on or after XX/XX/XXXX. The have already posted the repossession to my husband 's credit bureau report and indicated that the account was closed. I asked XXXX how we were supposed to make payments, why the account was shut down making it impossible to make payments, and the fact that they were not sending statements to my spouse ( the prime on the loan ) or allowing us to communicate by phone with them and all she kept saying was well you filed bankruptcy, pointing the fact of the Bankruptcy stay, and when I asked her how we were supposed to know that we needed to make things right with them without prior communication, she made it known it pretty much wasn't her problem.","date_sent_to_company":"2018-11-09T15:59:10.000Z","issue":"Struggling to pay your loan","sub_product":"Loan","zip_code":"32825","tags":null,"has_narrative":true,"complaint_id":"3070394","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ALLY FINANCIAL INC.","date_received":"2018-11-09T14:35:15.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem after you declared or threatened to declare bankruptcy"},"highlight":{"complaint_what_happened":["I filed <em>bankruptcy</em> in XX/XX/XXXX as a single filer, my spouse did not file. Ally Financial filed a claim for the full <em>amount</em> of the loan with the courts."],"sub_issue":["Problem after you declared or threatened to declare <em>bankruptcy</em>"]},"sort":[16.625921,"3070394"]},{"_index":"complaint-public-v1","_id":"5255482","_score":16.395565,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX I created a modification with Santander for a loan and agreed to make payments on the Auto loan under a modified agreement. \n\nXX/XX/XXXX I filed for bankruptcy I learned before I filed for bankruptcy Santander charged off the loan as they claimed 120 days passed due, and breach the agreement by charging off the loan XXXX Santander returns and files a claim in bankruptcy. Asking for a certain amount of monies. \n\nSantander returned and withdrew the amount requested. \n\nThe trustee took payments every month for Santander. \n\nThe bankruptcy was not confirmed as there was no need for a bankruptcy and it was dismissed with the Judge adjudicating the account given all creditors 14 days to dispute the adjudication Santander never responded The trustee sent payments to all creditors who were to receive payments. \n\nSantander was not suppose to accept a payment as they had already charged off the debt and no longer had a contract I sent XXXX letters to Santander regarding the Debt the first letter covered I never received a right to Cure default in XXXX, or that they acceleration the contract, It was not sent to the attorney the attorney only received there request to file a claim on a breach accelerated contract I contacted Santander after the Bankruptcy as the trustee sent them payments for the months I was in Bankruptcy as the trustee did not know they accelerated the contract. \n\nAfter speaking with the trustee I was informed they are to return the monies. I spoke to Santander and explained you return money. They refused. I explain you can not have both the money and the car You must return the money and you can have the car if you return the money. Santander put a cease and desist in place XX/XX/XXXX is when I last spoke to them explaining we know longer have a contract see letter. \n\nSantander did not reach out to me any longer, I did not receive the money back nor did they pick up the car. \n\nAfter 2 years Santander still did not return the money, but they repossessed the car on XX/XX/XXXX illegally and it is theft as I no longer have a lien with Santander. \n\nI learned there were many lawsuit for subprime loans and realize I was XXXX of the parties who has a subprime loan and was never contacted about the law suit or any arrangement for consumer that had these subprime loans I was in contact with Santander XX/XX/XXXX contacted them explain the debt collection laws and the state of Texas laws to Santander. I was told my loan was escalated as they had never seen anything like this 2 years to pick up an automobile, I spoke with A gentleman on XX/XX/XXXX he was so surprise he stated I will have to send you too the executive offices I received a call from a female a few days later that said she would need at lease 5 days to invest gate given the time frame XX/XX/XXXX. \n\nI received a phone call from a XXXX who informed me he would be handling my account on XX/XX/XXXX. XXXX stated he would ned the letter I sent to the Executive offices. He also informed me it would take XXXX hours to hear back which would have been XX/XX/XXXX. \n\nI did not hear back on XX/XX/XXXX. I was a little concern that it was taken too long for them to answer why they repossessed my auto after 2 years on a contract they breach and took money after the breach then came and took the car XXXX did return the call and assured me he was working the case. He informed me he had a meeting schedule to speak about my case on XX/XX/XXXX and would given me a call back before close of day I did not hear back on XX/XX/XXXX I sent that I believe they are using a delay technique I sent a letter to them explaining I want to know where my Car is located as this is theft as in Texas they must have a valid lien to repossess a car. The lien is no longer in effect after they charged it off, and breach the contract. I explained I would be calling the police to report theft if they do not fix this issue. \n\nI also explained I never received a cure letter. I do not have an address of where my car is. I also explained I do not have a lien with these people any longer. It does not take 2 years to pick up a car. You took the money and created a settlement. I received my credit report they are not even on the report as the loan is a subprime loan and illegal. I explained you not even listed as a creditor. I asked for the car and the title and damages as it they have caused a financial hardship. \n\nI also asked that they tell me where I can pick up my car. I demand they do not sell my car as the letter stated the car would be auction off on XX/XX/XXXX that is illegal as we no longer have a contract and it is voided as they were sued by many attorney generals. I want my car, title and damages.","date_sent_to_company":"2022-02-24T09:16:47.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"77449","tags":null,"has_narrative":true,"complaint_id":"5255482","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Santander Consumer USA Holdings Inc.","date_received":"2022-02-24T03:08:20.000Z","state":"TX","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["The trustee took <em>payments</em> <em>every</em> <em>month</em> for Santander. \n\nThe <em>bankruptcy</em> was not confirmed as there was no need for a <em>bankruptcy</em> and it was dismissed with the Judge adjudicating the account given all creditors 14 days to dispute the adjudication Santander never responded The trustee sent <em>payments</em> to all creditors who were to receive <em>payments</em>."]},"sort":[16.395565,"5255482"]},{"_index":"complaint-public-v1","_id":"2632595","_score":16.200937,"_source":{"product":"Mortgage","complaint_what_happened":"I have several complaints about the manner in which my mortgage has been serviced by Midland Mortgage over the past few years, specifically regarding actions taken during and just after completion of my Chapter XXXX bankruptcy, which ended in XX/XX/XXXX, and a subsequent payment plan arrangement that I completed in XX/XX/XXXX. The separate points of complaint are outlined below. The only remedies I am requesting are : - Refund of a {$920.00} fee ( discussed in Item # 3 ) or a suitable explanation of what the fee was for and why I should have to pay it. I believe it to be a legal fee that was either already paid or one that was improperly or mistakenly applied to the mortgage account. - Correction of payment history reported to credit bureaus based on the fact that one of my monthly payments was applied to fees instead of being treated as a payment ( discussed in Items # 4 and # 5 ). The other points of complaint are included to make Midland Mortgage aware of the issues and to go on record with  regulators. If there are others with similar complaints or data suggesting improper policies or patterns of behavior, perhaps regulators will be motivated to investigate further and hold Midland Mortgage accountable for their actions. Finally, I have documented two other points of concern to make Midland Mortgage aware of serious issues affecting their customers. 1. Questionable and potentially improper procedures and disposition of Motion for Relief in XXXX. In XXXX we fell behind on our mortgage payments during our Chapter XXXX. We went through the procedures to allow direct communication between ourselves and mitigation specialists at the mortgage company. We were pre-approved for a loan modification which had to be approved by the bankruptcy court. However, while this process was underway the mortgage companys legal representatives were pursuing a Motion for Relief of Stay through the bankruptcy court. We understand that this motion in itself should not directly effect the mortgage and that it would not be out of the ordinary for the mortgage company to continue trying to be relieved of the stay of bankruptcy for future proceedings should the plan not be approved. If the outcome of these proceedings were limited to a decision on the stay there would be no harm in them. However, it seems to be common practice for these motions to result in stipulations concerning payments, schedules and consequences directly relating to the loans themselves. That being the case, it would seem to be more in keeping with anti-double-tracking requirements to suspend Motion for Relief proceedings while mortgagors are known to be pursuing mortgage assistance measures rather than put in place stipulations related to the loan in order to satisfy the court and set aside the Motion for Relief before or while mortgagors are establishing a mitigation plan through other channels. In my case, the last paragraph of the notice of the outcome of the hearing ( Attachment # 1 ) states that our future payments ( for unspecified duration ) would be under STRICT COMPLIANCE ORDER, such that if we were XXXX dollar short or one day late we would have 10 days to cure the default or an Order Lifting the Automatic Stay will be issued by the Judge without any further hearing or notice, and your property will be foreclosed upon. This seems to suggest that the outcome of the hearing became broader than simply covering whether or not the stay would remain in place and expanded into the handling of the mortgage itself. It is unclear how this would have been enforced, but given that the loan modification plan has its own schedule, requirements and potential consequences ( not to mention the Dodd-Frank guidelines ), this language seems to be trying to define a separate, potentially shorter, path to foreclosure in the event that payments at some future date were late or to place additional payment schedule requirements on the loan. Obviously once the payments were caught up, making one payment a day late or a dollar short would not meet the Dodd-Frank requirements of being 120-days delinquent before proceeding with foreclosure. In this case, local hired attorneys were trying to ( perhaps over-zealously ) represent the mortgage companys interests separately and without any communication with the companys loan mitigation personnel. This opens up a concern that these Motion for Relief actions ( and perhaps other bankruptcy related filings ) are being used as a defacto form of double-tracking for mortgagors that happen to be in bankruptcy and that the dispositions go beyond just affecting the stay of bankruptcy to affecting the terms of the loan and/or foreclosure conditions. It may be worth investigating the practices of Midland Mortgage and their hired legal representatives to determine whether bankruptcy filings are being used in a manner that violates the letter, or at least the spirit, of the CFPB anti-double-tracking rules for mortgage servicing. 2. Motion for Relief filed in final weeks of bankruptcy, resulting in unnecessary fees, tasks and hearings. Over the course of our six-year bankruptcy Midland Mortgage actually filed three separate Motions for Relief of Stay. The first two were filed when three payments were 30-days past due and a fourth had come due. The final one was filed on XX/XX/XXXX, stating that three payments had been missed. ( In fact, the third payment had been already been sent and was credited on XXXX XXXX. ) The bankruptcy had actually originally been scheduled to end in XXXX, but the trustee was unhappy with the amount of overtime pay I had received for part of the bankruptcy term so it was extended around one year to be a 100 % plan. The hearing for the Relief of Stay was held on XXXX XXXX, the same day as the very last payment of six years worth of payments was credited by the trustee. Notice of Final Cure of Payment was sent on XXXX XXXX, and the bankruptcy was officially discharged on XX/XX/XXXX. When I went in to speak to my attorney about the motion I asked why the mortgage company would file for relief of a stay that was going to end with the discharge in a matter of weeks anyway. I was told that this very common, but the attorney was also surprised that the motion had been filed with the just the three payments due. It seems reasonable to conclude that the motion was filed not in spite of the impending end of the bankruptcy, but rather because of it. I am not sure why a mortgage company would accelerate this process at the end of a bankruptcy, but there must be a reason it is common. Filing the motion came with a large legal fee of {$1000.00}. ( Maybe this is a make-work exercise for underfunded legal departments? ) There was also an apparent attempt to add additional fees to the bankruptcy ( item # 3 below ). This also resulted in additional time away from work to make phone calls and attorney visits, not to mention extra work for the attorneys, staff and additional tasks for the courts. In the end, my attorneys negotiated a six-month payment agreement to pay the missed payments and all the fees, even though the agreement would stand only for the six weeks or so until the end of the bankruptcy, at which point I would be free to work out arrangements directly with Midland Mortgage on the amount remaining. In my case, the trustee payments were a large percentage of my income and no longer having to make them opened up a considerable amount of available extra money I could use to catch up payments. I imagine this is not always the case with many mortgagors coming out of bankruptcy, and these last-minute actions, with the additional fees and unexpected urgency in catching up payments, might be enough to precipitate foreclosures. Or ( as it turned out in my case ) to force borrowers into mitigation programs ( for which there may be government-funded incentives? ). This practice may already be well known to regulators, but if it is not I recommend looking closely at data related to mortgagors coming out of Chapter XXXX to see if there is a pattern of questionable last-minute actions taken against them that may be intended to make them more vulnerable to actions that benefit the lenders. A Chapter XXXX plan is a long, difficult struggle. Its completion should mark a time for moving forward and rebuilding, not a time for creditors to precipitate or exploit weaknesses. 3. Attempt to charge unexplained, possibly duplicate fees to bankruptcy in last days that were carried over to loan when apparently rejected by bankruptcy trustee. As I was nearing the end of my bankruptcy I was carefully watching the posting of payments to my account on the XXXX XXXX XXXX web site. On XX/XX/XXXX I signed in to find that an additional fee of {$920.00} had been added to the total amount due ( Attachment # 3, Claim No. XXXX on line XXXX ). This was not present when I had last signed on to the XXXX site on XXXX XXXX ( Attachment # 2 ). Of course this was frustrating because it would add at least one more bi-monthly payment to the term of the bankruptcy. I called my attorneys to see of they could find out more about the fee. I knew it to be the exact amount of the legal fee charged for the Motion for Relief filed in XXXX. But I knew I had paid this fee in two installments per the XXXX agreement that came out of that hearing. ( Attachment # 5 ). The fee for the XXXX motion was {$100.00} more and was being integrated into the payment plan agreement from that hearing, so I knew that this one should not be added to the bankruptcy. On XXXX XXXX the fee dropped off of the XXXX account ledger ( Attachment # 4 ). I  asked my attorneys why this would have occurred and I was told that maybe the mortgage company had tried to add the fee but that the trustee had rejected it due to the total amount of the bankruptcy being nearly paid off. I wrote it off as a potential mistake that had been corrected. But then that exact amount turned up as a fee charged to the mortgage itself and was included in pre-foreclosure notices received from Midland Mortgage as well as in the paperwork for the payment plan I entered into after the bankruptcy was discharged. I questioned this fee during the application process for the mitigation plan because I knew I had paid or made other arrangements for all of the legal fees associated with all of the Motion for Relief proceedings. I was never offered any explanation for what the fee was or why it had been added. I still have seen no documentation of this fee and believe it to be a mistake. I am requesting that Midland Mortgage credit this amount back to my account or provide sufficient documentation to justify it. 4. Improper application of payment towards legal fees, leaving loan an additional payment behind, forcing us to seek relief again to avoid foreclosure. According to our repayment agreement defined in the XX/XX/XXXX Motion for Relief of Stay hearing and documented on XX/XX/XXXX ( Attachment # 1 ) we were to pay one of the payments of {$1000.00} immediately and begin making regular timely payments of {$1000.00} beginning XXXX XXXX. On XXXX XXXX we sent certified funds by overnight mail of {$1000.00}. This was credited to our mortgage account as our XX/XX/XXXX payment on XX/XX/XXXX as shown in the transaction log on the web site. ( Attachment # 6 ) We mailed in the payment due for XXXX XXXX. On XXXX XXXX the payment was credited to the log, but was not applied as a payment, despite the fact that it was sent with a payment stub and was for the exact payment amount of {$1000.00}, which included principal, interest and escrow for the XX/XX/XXXX periodic payment. It should have been credited as the XX/XX/XXXX payment. Instead it was allocated to Unapplied funds. On XXXX XXXX a fee of {$1000.00} was applied to the account ( the legal fees for the XX/XX/XXXXRelief of Stay filing, separate from the {$920.00} discussed in Item # 3 above ). On XXXX XXXX the {$1000.00} was removed from unapplied funds and used to pay a {$100.00} fee, and a {$920.00} fee ( totaling to the {$1000.00} amount of legal fees for the Motion for Relief ). I called several times to point out the issue and was told by customer service staff that there was no error. Applying this payment towards fees instead of treating it as my XXXX monthly payment seems to directly contradict the guidelines for mortgage servicing ( 12 CFR 1026.36 ( c ) ( 1 ) ( i ) ) as well as the terms of the repayment agreement. Further, in mid-XXXX I made the first of the mid-month additional half-payments scheduled in my payment plan from the Motion for Relief hearing in XXXX, and at the end of XXXX I made a full payment due for XXXX XXXX according to the plan. However, there are apparently administrative delays in transferring accounts internally at Midland Mortgage ( from bankruptcy to regular accounts ) and the XXXX XXXX payment was not credited until XXXX XXXX. The half-payment remained in unapplied funds ( appropriately ). Meanwhile, on XXXX XXXX Midland sent a letter ( Attachment # 6 ) indicating that I was more than four full payments behind ( despite the fact that they had misapplied one payment and already had another in their hands ). I was also contacted by staff at Midland Mortgage involved in handling foreclosures to discuss the situation. By XXXX, I had made what should have been counted as my XXXX payment ( which was applied as fees XXXX. I had made a full payment ( credited late ) that should have been counted as my XXXX payment. I had made one half of my XXXX payment that was waiting in unapplied funds. And I had the second half of my XXXX payment ready to send. If this additional half payment were sent and posted it would have meant that I was actually under 30 days late on regular mortgage payments. But by now my bankruptcy was ended, my payment plan was invalid, the stay was no longer in place and the mortgage company was threatening foreclosure based on the assumption that I was four payments behind, plus extensive fees ( including the questionable {$920.00} from Item 3 above ). Not wanting to risk proceeding to foreclosure I contacted the delinquency assistance department at Midland and began the process of setting up a payment plan to catch everything up. They advised me not to send anything else while the account was in the foreclosure status and we were working on an assistance plan, so I held onto the second half-payment and waited to get the payment plan established. On XXXX XXXX I was sent a conflicting Your Account Status letter that more accurately reflected the amounts paid, but still showed three payments behind. I understand that, with the exception of the contested {$920.00}, the same number of dollars needed to be paid to fully catch up the account ( once all paid amounts had been properly credited ), however the XXXX XXXX payment was applied. But there is a big difference between being a month or so behind and informally paying extra amounts when possible to catch up fees and being compelled to enter into a formal mortgage assistance plan to avoid foreclosure. Nothing I experienced throughout this process leads me to believe that this was a simple error related to just my own account. Instead I believe this issue to be a product of policy. I think it is likely that my experience is commonplace and that Midland Mortgage has adopted these practices not just to prioritize collection of fees, but also compel customers to catch up payments and enter into formal plans and assistance programs, some of which may offer publicly funded incentives. It may also help accelerate foreclosures for problem accounts.\nOf all of my complaints this one seems like the clearest violation of mortgage servicing guidelines. I would recommend that regulators look into whether Midland Mortgage routinely took and continues to take this harmful action against other mortgagors. 5. Reporting of loan as 90+ days past due ( due to item 4 above ) to credit bureau, damaging credit history. Once our payment plan was complete Midland Mortgage reported the payment history to the credit bureaus as they had it in their own records, indicating that we were 90+ days late for several months during the course of the payment plan when this should not have been the case. This is especially damaging to the credit records of people emerging from lengthy Chapter XXXX cases because it represents a large part of the very limited credit history left when most past accounts have dropped off. We understood and accepted that credit reporting would continue throughout the payment plan and that it would reflect the status of our payments. However, due to the misapplication of a payment towards fees Midland Mortgages records were in error and this erroneous information is what is reflected in our credit reports. We were at least 30 days behind at the time of the bankruptcy discharge, and we might have been counted as 60 days late, depending on reporting dates and the lag in crediting payments. However, applying one of our payments to fees instead of counting it as a payment accounts for a full 30 days worth of late reporting. In addition, had everything been handled promptly and properly there should not have been a strong reason to enter into a mitigation plan at all, which came with additional payment schedule delays and extended by at least one the number of months for which payments were reported as late. I am requesting that Midland Mortgage correct their credit bureau reporting to accurately reflect our account status, counting the misapplied payment as a regular monthly payment and allowing for the delays driven by its own actions. At minimum this should mean reducing the time in arrears by 30 days for each month reported from XXXX through XXXX of XXXX. In addition to the formal complaints above, the following informal observations are included to highlight serious customer service failings that could and probably do contribute to very negative outcomes for Midland Mortgage customers. A. Confusing and contradictory mailings sent throughout payment plan term, as well as low level of support from representatives by phone. After making a payment plan arrangement to catch up my mortgage payments and fees I continued to receive multiple regular pieces of mail from Midland Mortgage concerning my account. The information in these letters seemed contradictory and some of them did not seem to reflect the terms of the plan. I assume that Midland Mortgages automated systems and procedures trigger these mailing under particular conditions and that some of the processes are not aware that mitigation arrangements are in place. - Can we help? mailings ( Attachment # 8 ) At the begging of each month I received a letter bearing the title Can we help?, which provided a list of the months for which payments had not been received, a total due on the loan, and the message, This is a very serious matter that requires your attention. The package included forms and documents needed to apply for a mortgage assistance program. Receiving these mailings can be alarming when you are already in such a program. It makes you think something has gone wrong and your existing assistance program is no longer in effect. - Mortgage Statement ( Attachment # 9 ) In the middle of each month a regular mortgage statement came in the mail. This document showed an Amount Due block at the top with the total amount ( all missing payments and outstanding fees added together ) and a payment due date if the first of the next month. Just looking at the top of this document it appears that you are expected to pay this full amount and not the amount scheduled in your payment plan. You have to look at the payment coupon attached to the bottom of the document to see the actual payment amount and scheduled date from your payment plan. This is very confusing. There are different amounts and dates showing on the very same piece of paper.\n- Late Charge Letters ( Attachment # 10 ) Also around the middle of the month I received a letter saying that my payment for a particular month had not been received on time and that I should add the amount of the late charge to the payment. These letters showed the amount of the regular payment, late charge and regular payment date ( not the agreed upon payment amount and date from the payment plan ). - Your Account Status letters ( Attachment # 11 ) Around the third week of each month I received a letter titled Your Account Status. This letter referenced the payment plan and the presented data seemed to reflect the actual status of the payment plan more accurately than any of the other documents. I am sure that all of these documents make perfect sense to Midland Mortgage staff ( or maybe not ), but to customers, especially taken all together, they are very confusing. Customers must think, Is my plan still in place? Am I supposed to pay this amount by this date? If I dont, will my home be foreclosed? It doesnt seem like it should be that hard for Midland Mortgage to send out a single statement each month reflecting the terms and status of the customers mitigation plan and including the expected payment and due date according to the plan. Other statements and offers of help should be suspended for the duration of the plan. This makes me very concerned for mortgagors trying to go through mitigation plans who might be elderly, less-educated or otherwise less able to keep up with plan schedules and requirements. These multiple and conflicting notices must create a great deal of undue stress and confusion. It is not hard to imagine that this could lead to people losing their homes over missed deadlines, improper payments or simply by throwing up their hands and giving up. I know a lady in my neighborhood that was facing foreclosure ( I do not know with what mortgage company ) and just started ignoring everything about her situation until officers came to her house and put all of her stuff out on the lawn. She was a foreign national and non-native English speaker. Was she overwhelmed and confused by multiple, conflicting statements like these? B. Slow reporting of positive status to credit bureaus, resulting in unnecessarily long waits with apparent but not actual negative credit history. I completed my payment plan in XX/XX/XXXX. However, my credit reports reflected that I was still in a payment plan until XX/XX/XXXX when current status of the account was finally changed to on time. Midland Mortgage has reported the account as on time regularly every month since then. I understand that there may be somewhat of a delay in transitioning accounts from payment plans to current status, but it should not take three months after completion of a payment plan for Midland Mortgage to begin reporting an account as current to credit bureaus. Mortgage account status is one of the most significant factors affecting peoples credit scores, and Midland Mortgage surely knows this. If this delay in updating the reported status of accounts is purely internal inefficiencies, then Midland Mortgage should address this for the benefit of their customers. However, it may also be worth also investigating whether this delay is a deliberate policy. There must be advantages to temporarily suppressing customer credit scores in certain situations, such as reducing loan risk by preventing customers from adding other credit obligations and perhaps preventing or delaying mortgage refinancing with other lenders. Perhaps Midland Mortgage intentionally waits to the end of the period within which they are obligated to report a change to positive credit status, which may be perfectly legal but is unethical and damaging to borrowers.","date_sent_to_company":"2017-08-12T18:23:10.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"30144","tags":null,"has_narrative":true,"complaint_id":"2632595","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"MIDFIRST BANK","date_received":"2017-08-12T18:07:03.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":[". - Mortgage Statement ( Attachment # 9 ) In the middle of each <em>month</em> a regular mortgage statement came in the mail. This document showed an <em>Amount</em> Due block at the top with the total <em>amount</em> ( all missing <em>payments</em> and outstanding fees added together ) and a <em>payment</em> due date if the first of the next <em>month</em>. Just looking at the top of this document it appears that you are expected to pay this full <em>amount</em> and not the <em>amount</em> scheduled in your <em>payment</em> plan."],"issue":["Trouble during <em>payment</em> process"]},"sort":[16.200937,"2632595"]},{"_index":"complaint-public-v1","_id":"2962003","_score":16.161129,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XX/XX/XXXX XXXX XXXX XXXX, President & CEO Santander Consumer USA Holdings Inc . \nXXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX, Good day. The purpose of this letter, although unpleasant, is to fully advise you of the experience Ive had with Santander Consumer USA. In XX/XX/XXXX I purchased a vehicle in XXXX XXXX, although pre-approved by my bank, the dealer recommended using your company. Payments were made as scheduled, however, in XX/XX/XXXX I ran into problems due to a mortgage from XX/XX/XXXX with outrageous interest ( 9 % - 10 years interest only ) that the bank would not modify. After paying several attorneys to attempt resolution with XXXX XXXX, it was suggested I file Chapter XXXX bankruptcy ( my home is a XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). I paid another attorney {$10000.00} to navigate bankruptcy to retain my home and vehicle. Once in bankruptcy, XXXX XXXX ( former attorney ) advised my new payment amount to Santander Consumer USA, as well as advising payment amounts to other creditors. Throughout the 14-month ordeal I made all payments to Santander as directed, and this has been confirmed by Santander representatives. \nIn XX/XX/XXXX my bankruptcy case was dismissed due to attorney malpractice. The Assistant U.S. Trustee has since filed sanctions against my former attorney for what amounts to legal  malpractice. My attorney has put XXXX XXXX and his insurance company on notice of civil action also. All this has been conveyed to Santander representatives, as well a copy of the U. S Trustees motion has been sent. \nA month after my bankruptcy was dismissed, I received a call from your representatives stating my loan was 250+ days past due and I had to pay over {$5000.00} to reinstate the loan or the vehicle would be repossessed. At this point I have put over {$15000.00} into a lawyer to try to keep my home of 15 years. I was shocked to learn that Santander didnt honor the agreement made with my attorney in XX/XX/XXXX. I asked for some time to work through this nightmare, I am single and XXXX years old, I run a XXXX XXXX for XXXX XXXX ; I dont have thousands of dollars laying around. \nIn XX/XX/XXXX I agreed to a settlement with Santander in the amount of {$14000.00}. I was to pay {$2000.00} which I did and the rest in 10 days or XX/XX/XXXX. On XX/XX/XXXX I was sideswiped pushing the vehicle into a ditch by a hit and run driver. I phoned Santander to provide the police report number and my insurance claim info. Since this was hit and run, and I was physically hurt, trying to get the vehicle fixed ( out of pocket ) and waiting reimbursement from XXXX has been a challenge. On XX/XX/XXXX a representative phoned for a status update, I advised I was still waiting and the vehicle still needs more work, however, I would pay {$1000.00} that day ( and I did ) and try to pay {$1500.00} the following week. He put me on hold and came back to say his manager said they ( Santander ) would work with me because I honestly could not pay {$1000.00} into a vehicle Santander planned to repossess. On XX/XX/XXXX I received notice of foreclosure sale on my home, forcing me to send every remaining penny to the lawyer to try to fight foreclosure and keep my home of 15 years. At this point the vehicle is sitting in the driveway, wont start and I still have not been reimbursed by XXXX. Finally, Monday XX/XX/XXXX I can pay to have repairs made so the vehicle would run, while still trying to fight foreclosure. Yesterday, XX/XX/XXXX, I walked out to get groceries and my prescription from the vehicle ( grocery shopped the night before and due to rain left dry goods in the vehicle ) and it was gone! I truly thought the vehicle was stolen. \nPhoned Santander and call routed to the department handling repossessions. Despite being told Santander would work with me, despite Santanders knowledge the vehicle was in an accident, and I was physically hurt, and that I was doing what I could the vehicle, a XXXX XXXX XXXX would cost {$670000.00} to get back. Bottom line, XXXX, from what was the Presidents office, basically said sorry for your troubles lady pay it or lose it. I told him I had {$3000.00} but dont know when I could get the rest. Again, if I want the vehicle pay {$6700.00}. I pointed out the truck still had work needed from the accident and at auction it might sell for {$5000.00}. XXXX advised Santander was prepared to take the loss rather than let me try to get it back. Since XXXX I have paid {$3000.00} and I proposed I could pay {$3000.00} to get the truck back. Nope, XXXX clearly stated Santander was prepared to take the loss rather than work with me KNOWING FULL WELL all that has happened. And by the way, unless I can produce the paperwork my bankruptcy attorney sent to Santander stating the new payment amount acceptable, nothing can be done. Yet, every payment I made in bankruptcy was accepted without a word from Santander until the case was dismissed. My former attorney had advised Santander agreed to the payment and reduced amount in or out of bankruptcy. \nToday I must try to find someone to take me to the yet named location to get my personal items from the truck. That was my only means of transportation, yet your company is willing to take a loss rather than help a customer that has been through XXXX and back, and you have the documentation to prove it. I now understand the why thousands of people have taken time to send in complaints on your company. I have sent mine as well, to the OCC and AG. I am still in shock and outraged at the total lack of compassion, yet overwhelming greed displayed by Santander. \n\nXXXX XXXX XXXX","date_sent_to_company":"2018-07-13T13:58:27.000Z","issue":"Struggling to pay your loan","sub_product":"Loan","zip_code":"234XX","tags":"Servicemember","has_narrative":true,"complaint_id":"2962003","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Santander Consumer USA Holdings Inc.","date_received":"2018-07-13T13:50:40.000Z","state":"VA","company_public_response":null,"sub_issue":"Problem after you declared or threatened to declare bankruptcy"},"highlight":{"complaint_what_happened":["And by the way, unless I can produce the paperwork my <em>bankruptcy</em> attorney sent to Santander stating the new <em>payment</em> <em>amount</em> acceptable, nothing can be done. Yet, <em>every</em> <em>payment</em> I made in <em>bankruptcy</em> was accepted without a word from Santander until the case was dismissed. My former attorney had advised Santander agreed to the <em>payment</em> and reduced <em>amount</em> in or out of <em>bankruptcy</em>. \nToday I <em>must</em> try to find someone to take me to the yet named location to get my personal items from the truck."],"sub_issue":["Problem after you declared or threatened to declare <em>bankruptcy</em>"]},"sort":[16.161129,"2962003"]},{"_index":"complaint-public-v1","_id":"2317813","_score":15.934042,"_source":{"product":"Student loan","complaint_what_happened":"To Whom It May Concern : The following information is meant to inform you of my current financial situation. I have contacted the Massachusetts Attorney General 's office with the same information. I 'm aware that only two months ago, the servicer XXXX was successfully sued by the XXXX of Massachusetts. I am awaiting further instructions from Attorney General XXXX 's office. \nI am writing to express my dismay, anger, and frustration with your private student loan company known as XXXX/MEFA. I have been dealing with your company since XX/XX/XXXX, the year that I graduated with my XXXX Degree. Since that time, I have experienced only the worst customer service I could ever imagine. \nI am a XXXX-year-old male with {$86000.00}. In student loan debt. {$25000.00}. of this debt is financed with MEFA/XXXX. My annual income averages less than {$35000.00}. XX/XX/XXXX, I hired an attorney and declared Chapter XXXX Bankruptcy. I completed my degree XX/XX/XXXX, and spent six months of that year unemployed. My student loan debts were not XXXX in Bankruptcy. \nOver the course of the past 7 years I have experienced nothing but terrible communication, hassles, and total disregard for the situation I am in. I was offered only one chance for Income Based Repayment XX/XX/XXXX. After that I was on Interest Only Payments. Every six months I had to renew the Interest Only Payment plan. I did this twice yearly until XX/XX/XXXX. This was the only payment plan that was offered to me. On several occasions, I wrote to MEFA/XXXX pleading with them to put me on an Income Based Plan. In these letters, I offered to pay more than a mere {$70.00} ( interest only ) per month, I wanted the monthly payment to be at the scale of my monthly budget. They refused to negotiate on several occasions. \nXX/XX/XXXX MEFA/XXXX notified me that I could no longer make a reduced payment, and that my monthly amount due would be {$290.00}. I have called at least twice per month since that time, asking for a payment plan that I can afford. Several times I have asked to speak with a supervisor, and the one time I could talk with someone in charge she advised that I keep the account from reaching 45 days past due. At 60 days past due the account status is reported to the Credit Bureaus. \nSince XX/XX/XXXX I have made monthly and even weekly payments, trying to keep up. This is draining funds that should be going to other expenses. I barely make my car payment, and now have it parked indefinitely because I ca n't afford the insurance and repairs. I need the car for transportation to and from work. Paying my rent is also a problem, I am coming up short. I have other debts that I must be aware of, as I filed Bankruptcy XX/XX/XXXX and do not want to be in that situation again. \nThis is what my MEFA account looks like as of XX/XX/XXXX : Monthly Due {$290.00} Past Due {$690.00} Total Due {$980.00} This has been reported to all three Credit Bureaus. At a point when I have recovered from an extremely difficult Bankruptcy, I am now faced with a plummeting Credit Rating, because of the actions of this Loan Company. \nMEFA/XXXX has created a situation in which I can not catch up, they will not negotiate a payments plan based on my income. With a ruined credit score I ca n't even get out of this predicament through re-financing. \nMy monthly expenses equal over {$2000.00}. per month, and my monthly net income is less than that.","date_sent_to_company":"2017-01-30T17:10:57.000Z","issue":"Can't repay my loan","sub_product":"Non-federal student loan","zip_code":"02130","tags":null,"has_narrative":true,"complaint_id":"2317813","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Massachusetts Educational Financing Authority","date_received":"2017-01-30T17:10:56.000Z","state":"MA","company_public_response":null,"sub_issue":"Can't get flexible payment options"},"highlight":{"complaint_what_happened":["XX/XX/XXXX MEFA/XXXX notified me that I could no longer make a reduced <em>payment</em>, and that my monthly <em>amount</em> due would be {$290.00}. I have <em>called</em> at least twice per <em>month</em> since that time, asking for a <em>payment</em> plan that I can afford. Several times I have asked to speak with a supervisor, and the one time I could talk with someone in charge she advised that I keep the account from reaching 45 days past due. At 60 days past due the account status is reported to the Credit Bureaus."],"sub_issue":["Can't get flexible <em>payment</em> options"]},"sort":[15.934042,"2317813"]},{"_index":"complaint-public-v1","_id":"4619159","_score":15.8440275,"_source":{"product":"Mortgage","complaint_what_happened":"Fifth Third Bank has either lost or misapplied a mortgage payment we made, they are misreporting our mortgage account status, and are attempting to collect additional fees incurred by errors made on their end. \n\nWe have done everything possible to get clarification and resolution to this matter directly with the company, but they are vague and evasive in their responses, and maintain that we missed a payment, despite having proven otherwise to them. During this entire ordeal, we have encountered numerous contradictions and inaccuracies in our dealings with their representatives, both verbally and in writing. \n\nThis began when we received a letter from Fifth Third dated XX/XX/XXXX ( attached ) stating that we were past due and they were seeking payment, assessing late charges, and threatening the loss of our home. \n\nThis was impossible since we had just been discharged from a Chapter XXXX Bankruptcy and had received a Response to Notice of Final Cure Payment executed on XX/XX/XXXX ( see attached ) by Fifth Thirds attorneys ( XXXX, XXXX XXXX XXXX, XXXX ) stating : - Creditor agrees that the debtors have paid in full the amount required to cure the prepetition default on the creditors claim. \n\n- Creditor states that the debtors are current with all postpetition payments consistent with 1322 ( b ) ( 5 ) of the Bankruptcy Code, including all fees, charges, expenses, and costs. \n\nSince their response indicated we were current and had not missed a payment during the bankruptcy, and we knew we had certainly not missed a payment between XX/XX/XXXX and XX/XX/XXXX, we thought this would be fairly easy to resolve. It was not, and continues not to be the case years later, despite our best efforts, which is why we seek the assistance of the Consumer Financial Protection Bureau. \n\nFor over a year from that point, between XX/XX/XXXX and XX/XX/XXXX, we spoke with various Fifth Third representatives trying to determine why and when they were claiming we missed a payment, and were never given a concrete answer. Throughout this period, their representatives contradicted each other as to when they thought the payment was missed, if they could even give me an answer at all. Many could not see when or where a payment was missed. ( See attached call log and notes. ) They never gave me a definitive answer during this time, nor were they able or willing to firmly assert when the missed payment occurred in writing. They basically just said you missed a payment and we cant see when or where that occurred, our system shows that, so it must be true. This is despite having proof of all payments made to, and cashed by, Fifth Third Bank. ( These bank statements can and will be supplied upon request, but it is a very large attachment in and of itself, so I am not attaching them unless specifically requested by CFPB. The bank has been sent this information already. ) I am also including three consecutive monthly statements from XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX ( see attached ) showing gross inaccuracies from month to month as to how much we owe, despite a regular monthly payment being made each of these months : - In XX/XX/XXXX they showed a past amount due as {$3600.00}. \n- In XX/XX/XXXX they showed a past amount due as {$28000.00}. \n- And in XX/XX/XXXX they showed a past amount due as {$2800.00}. \nThere is no rhyme or reason to these, and this is just one sampling of three months of consecutive statements to show that their accounting is not accurate or trustable, and is evidence that it is highly likely they misapplied or lost the payment they allege was missed, or their accounting and records are inaccurate. \n\nDue to the fact that between XXXX of XXXX and XXXX of XXXX, nobody could pinpoint when or where a payment went missing, nor would they put it in writing, we insisted on Fifth Thirds Office of the President reviewing the matter. It took from XX/XX/XXXX to XX/XX/XXXX for the Office of the President to review and finally determine when the payment was missed and put it definitively in writing. ( See attached correspondence ) To summarize their findings, they claim that we sent in a payment that was {$12.00} short each month for an entire year from XX/XX/XXXX to XX/XX/XXXX. This caused them to put the initial short payment of {$2700.00} into a suspense account and draw {$12.00} from it each month to satisfy the next months payment. \n\nIt took over a year for anyone in their organization to figure this out, and was attributed to a monthly payment shortage of {$12.00} from an increase in escrow which we were never notified of at that time. ( They claim they sent it, but have not provided proof of it being sent or received. Furthermore, their representative XXXX XXXX asserted that the change in escrow amount was sent to us at our home address. This was false because all correspondence during our Chapter XXXX was sent to our attorneys, not to our home address. Our attorney representing us during the Chapter XXXX reviewed the file and did not find record of it either. ) Regardless, despite the fact that their Response to Notice to Final Cure Payment precludes them from being able to go after it, we offered to pay the grand total of {$150.00} deficit so that they could apply it to the money presumably remaining in the suspense account and bring the account current, to simply resolve the issue. ( See attached correspondence dated XX/XX/XXXX ). They responded saying that would not suffice, because we had missed an entire payment. ( See attached correspondence dated XX/XX/XXXX. ) This is untrue and backed by bank statements we sent to Fifth Third. We made a payment every month. They may have been short {$12.00} during that time period, but an entire payment was never missed. And the payment they put in a suspense account can not be accounted for by them. It was never returned to us, and there should have been {$2600.00} sitting in a suspense account ... ( {$2700.00} was our monthly payment at the time, minus the total shortage of {$150.00} ). \n\nTo this day, they cant account for that {$2600.00}. All they do is send an entirely indecipherable history of payments that took them over a year to assess, and tell us to find where that money went or was applied, all while maintaining we missed an entire payment, tacking on late fees, and harming our credit standing. \n\nFurthermore, and simply put, considering they claim the missing payment occurred between XXXX and XXXX, when we were in the middle of the XXXX XXXX Bankruptcy, they have no right to claim or go after the alleged missing payment. It is in violation of the bankruptcy code, and they signed off on the attached Response to Notice of Final Cure Payment as stated above. \n\nAt this time we want our account brought current, and to dismiss all fees and penalties they are trying to apply, as we have not missed a payment since the Chapter XXXX Bankruptcy was approved by the court in XXXX. Furthermore, we want all applicable credit agencies to be notified that we have made payments to them without a missed payment since the beginning of the Chapter XXXX Bankruptcy was approved in XX/XX/XXXX. \n\nThank you for your time and consideration, and we look forward to your response. Please let me know if you need any other information or supporting documentation.","date_sent_to_company":"2021-08-10T19:30:43.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"079XX","tags":null,"has_narrative":true,"complaint_id":"4619159","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FIFTH THIRD FINANCIAL CORPORATION","date_received":"2021-08-10T19:16:33.000Z","state":"NJ","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Many could not see when or where a <em>payment</em> was missed. ( See attached <em>call</em> log and notes. ) They never gave me a definitive answer during this time, nor were they able or willing to firmly assert when the missed <em>payment</em> occurred in writing. They basically just said you missed a <em>payment</em> and we cant see when or where that occurred, our system shows that, so it <em>must</em> be true."],"issue":["Trouble during <em>payment</em> process"]},"sort":[15.8440275,"4619159"]},{"_index":"complaint-public-v1","_id":"7370249","_score":15.802773,"_source":{"product":"Mortgage","complaint_what_happened":"This complaint is the third regarding this loan that I have filed with the CFPB, The prior two complaints - XXXX in XXXX and XXXX in XXXX- have led to the suspension of foreclosure. but have not resolved the problems with my mortgage servicer, SLS. This case has been going on for 14 years stemming from my XXXX XXXXXXXX Bankruptcy Plan of Reorganization, approved XX/XX/XXXX. I repeat : 14 years, 4 attorneys, 3 foreclosure attempts by the servicers. This is absolutely a disgrace and has cost me a fortune in legal fees and taken a toll on my emotional and physical health. \n\nThe situation over the intervening 14 years is that XXXXXXXX XXXX, and then the successor servicer SLS Mortgage, is still refusing to follow the XXXX XXXX plan of reorganization set out by the Bankruptcy court on XX/XX/XXXX, now almost 14 years to the date since the court approved the Reorganization Plan. \n\nBriefly, in the reorganization plan the court approved a cramdown on the property from a loan balance of {$680000.00} to {$460000.00}. This was based on the appraisal submitted to the court on XX/XX/XXXX by XXXX itself. The court ruled the difference between the amount owed on the original note and the appraisal would be converted to non-secured status and would be paid at the same rate of payoff as other unsecured debts. This is called a deficiency judgment, and it converts any principal above the cramdown amount to unsecured status, just like all other unsecured debt. Once the debtor makes what are called 'deficiency payments '' on the unsecured debt, the debt is discharged. I did make all my deficiency payments on my unsecured and my bankruptcy case was closed in XXXX. \n\nXXXX and SLS for many years have refused to acknowledge this cramdown, and have refused to accept my deficiency payments, all of which were tended before XXXX and refused by XXXX. It must be noted that when XXXX refused all of my deficiency payments, the last for {$4100.00} which was tendered XX/XX/XXXX, under bankruptcy law and the Universal Commercial Code, any returned legally tendered payments are forfeit forever if they are returned. As a result XXXX forfetied the payments, but the deficiency payment threshold was met and the deficiency judgment was discharged with my closed bankruptcy, so the principal on the property became exactly {$460000.00}, just as the bank presented in their appraisal to the court.\n\nSLS asserts they have accepted the cramdown, but in fact in the paperwork they submitted masquerading as a payoff in their XXXX foreclosure attempt they treated the difference between the cramdown and the original loan amount as 'deferred principal '' and included nearly {$300000.00} as \" deferred principal '' in the payoff. That is not the case under the law. The cramdown converted the difference between the loan amount owed and the new value established by the bank 's appraiser to unsecured debt. I have provided XXXX and SLS both with all copies of the returned payments. With the final deficiency payment tendered on XX/XX/XXXX the deficiency is now paid off and the deficiency is wiped out. This was so noted when my bankruptcy was closed in XXXX. \n\nAlso, as part of the plan and the cramdown of the principal loan value to {$460000.00}, my payments were reduced. As a result of the approved plan my monthly payments were reduced to {$2500.00} a month for three years at 6 percent. In XX/XX/XXXX- a month earlier than the court required - I began submitting payments to XXXX, starting with a cashiers check. XXXX accepted my payments until XXXX of XXXX. Starting with that check dated XX/XX/XXXX XXXX started refusing and returning every payment i sent for 3 1/2 years, in violation of the XXXX  XXXX plan. My attorney of record at the time, XXXX XXXX, sent XXXX a letter informing them they were in contempt of the approved Plan in XX/XX/XXXX, but XXXX continued to refuse my payments for the next 3 1/2 years, returning each interest payment and deficiency payment with a letter from XXXX. All payments were sent certified/return receipt, and I have repeatedly provided SLS with copies of all returned payments on XXXX  stationery along with proof of mailing and receipt. XXXX sent a letter along with each returned payment saying the payments were refused because they \" do not represent the total due on your account. '' All three foreclosure attempts have been made on the basis of a flawed and illegal understanding of bankruptcy law, for the last 14 years. I tendered all my interest and deficiency payments on time, and the servicers have simply chosen to ignore the cramdown to a loan value that they offered the court in an appraisal in XX/XX/XXXX. \n\nOn XX/XX/XXXX SLS filed a new notice of default and instituted foreclosure proceedings against me for the second time ( their second since they filed an NOD in XXXX in which the CFPB interceded and the foreclosure was canceled, and the third NOD on this loan when you include the XXXX foreclosure attempt by XXXX which resulted in my first complaint to the CFPB on this loan. ) My current attorney has been in communication with SLS ' attorney of record in this case, and they - contrary to legal procedure- insist we deal directly with SLS. As a result we have been communicating with SLS but they are refusing to acknowledge any responsibility or knowledge of the previous servicer 's actions, in defiance of all settled law that the current servicer inherits all the obligations and legal decisions, settlements, etc. that the previous servicer entered into or was subject to. \n\nSLS is concurrenty asserting that I am bound by the terms of the original note from XXXX despite the intervention of the Bankruptcy Court and the new terms approved in the Plan of Reorganization approved XX/XX/XXXX. SLS is thus saying I owe all the money that XXXX returned. SLS supposedly reached out to XXXX for a payment history, but XXXX sent an incomplete history because of computer problems. XXXX also was unable to provide a complete payment history in response to a letter from then attorney of record XXXX XXXX in XXXX, stating in a letter dated XX/XX/XXXX that XXXX did not have complete records of my payment, and that a followup letter would be sent It was never forthcoming. \n\nBased on incomplete records, and not withstanding the multiple times I have provided evidence of my payments to XXXX, SLS says I owe the refused payments because XXXX has provided them an incomplete payment history. They are saying absence of evidence is evidence, despite the fact we have provided SLS documentation of all proffered payments and their return by XXXX. SLS insists we owe the money since XXXX of XXXX, despite the evidence that we provided to them that the payments were made and refused by XXXX. \n\nSLS also asserts that they are not bound by the XXXX XXXXXXXX ruling since they were not party to the lawsuit. Oddly enough, they do cherry pick parts of the recorded re-organization plan- they acknowledge there was a cramdown, but they are calling the deficiency judgment \" deferred principal. ' THIS IS NOT WHAT A DEFICIENCY JUDGMENT IS. The deficiency was converted to unsecured status and discharged with my final deficiency payment of {$410000.00} by check XXXX to XXXX of XX/XX/XXXX. XXXX returned this payment, which by Bankruptcy code and UCC meant they refused and forfeited the payment, but, since the payment was tendered, the deficiency was discharged and uncollectable. This was all memorialized when my Bankruptcy was closed iin XXXX, having met all obligations according to the Plan. \n\nSLS is also picking out of the Plan that I was to refinace the loan three years after I started making the court approved payments. Of course, I had planned to abide by this but since XXXX refused my payments and reported me as late to the credit bureaus -which was in violation of the FCRA because I in fact tendered all my payments as per the Plan. XXXX 's erroneous negative credit reports also resulted in me not being able to refi another commercial loan I held because my credit was ruined, and XXXX XXXX  did a voluntary foreclosure on my building. I was current on that building 's loan, held by XXXX XXXX but could not meet the re-fi requirments because XXXX and XXXX were both reporting me as late to the credit bureaus, thus ruining my credit. This resulted in me losing over {$1.00} XXXX in equity I have lost had I been able to keep that building. \n\nIn summation, SLS has reviewed the Bankruptcy Plan which they assert they are NOT bound by and come away with an illegal interpretation of cramdown law thinking it has converted to deferred principal instead of being wiped out, and assert I did not do the refi at three years according to the plan. Somehow SLS has overlooked the court-approved payment of {$2500.00} a month which is included in the same paragraph of the reorganiztion Plan.. Of course the Plan did not foresee that XXXX, and now SLS would completely flout Federal Bankruptcy Law. \n\nSo here we are 14 years after my bankruptcy plan of reorganization was approved and I abided by all the terms of the Plan, but XXXX, and now SLS have ignored the Plan for 14 years. All my payments were made according to the Plan, and evidence of every payment was provided to SLS. \n\nIt is my understanding that SLS is under a consent decree with the CFPB ( Consumer Financial Protection Administrative Proceeding File No. XXXX XXXX ) to take affirmation actions to resolve outstanding mortgages. Clearly SLS has played fast and loose with the law, and they had done so with me since XXXX when they took over servicing my loan. It is clear they are making no effort to resolve my mortgage issues, and in fact are making misleading, illegal, and inaccurate assertions regarding my loan and their responsibilities and obligations under the law, including their obligation viz. the previous servicer in an effort to execute an illegal foreclosure. \n\nI have spent a fortune in legal fees and suffered extreme stress because SLS will not resolve this matter. I want a payoff statement, which I am by law entitled to, reflecting month to month calculation of the amounts SLS says I owe reflecting the forfeited payments XXXX refused, the interest rate adjustments that I was notified of by XXXX when the loan reset in XXXX and the cramdown deficiency being discharged and removed from the balance sheet as provided by the Bankruptcy Plan.\n\nSince SLS has entered into a consent decree with the CFPB I am hopeful this matter can be resolved without me getting a Temporary Restraining Order and filing a lawsuit in either Bankruptcy court - seeking sanctions- or in California State Superior Court regarding mortgage fraud, breach of contract, violations of RESPA and the FCRA, etc. You at the CFPB have a consent decree. I ask that you use the leverage that provides to resolve this matter once and for all. 14 years of uncertainty about my property is entirely unacceptable. \n\nThank you. XXXX XXXX","date_sent_to_company":"2023-08-15T20:52:25.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"90026","tags":"Older American","has_narrative":true,"complaint_id":"7370249","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2023-08-08T16:47:09.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["I want a payoff statement, which I am by law entitled to, reflecting <em>month</em> to <em>month</em> calculation of the <em>amounts</em> SLS says I owe reflecting the forfeited <em>payments</em> XXXX refused, the interest rate adjustments that I was notified of by XXXX when the loan reset in XXXX and the cramdown deficiency being discharged and removed from the balance sheet as provided by the <em>Bankruptcy</em> Plan."],"issue":["Trouble during <em>payment</em> process"]},"sort":[15.802773,"7370249"]},{"_index":"complaint-public-v1","_id":"3293179","_score":15.68776,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX I enter a 3 month trial period HAMP pre-mortgage modification program with SPS Servicing faithfully paying ( ~ {$1500.00} ) as agreed. On XX/XX/XXXX I was accepted into a mortgage modification, signed all necessary documents to execute the HAMP program and again faithfully paid as agreed to date ( XX/XX/XXXX ). After the modification was executed I was experiencing financial difficulties resulting in my filing Bankruptcy Chapter 13. Again i continue to pay my modified mortgage as agreed for several months with no issues. On XX/XX/XXXX I received a statement saying my next payment was significantly less ( {$650.00} ). I assumed this was an error and I called SPS to have the matter looked into. I payed the ~ $ XXXX  monthly payment as i expected this would be the correct amount. SPS looked into this and it took two months and the statement i received on XX/XX/XXXX changing my payment to {$940.00}. Called again and reported this was still not correct. Again this was still much lower than my standard payment so I payed the ~ {$1500.00} expecting this to be corrected and expecting that's what i owed. OnXX/XX/XXXX I received a new statement stating that my new monthly payment would be {$10000.00}. Obviously this swung from being significantly lower to obscenely high. I called SPS and first i was told my local property taxes increased. I looked on the local town website and my property taxes did not increase they were ~ $ XXXX/yr. I reasoned with the relationship manager that it would be impossible that my taxes increased from ~ {$5700.00} a year to ~ {$9900.00} a month, this must be another error please correct it. The relationship manager agreed and reached out for support. I was finally told this was an error in my escrow account and they would need to reapply my payments. In this process i'm told the payments first pay the estimated escrow account and based on their escrow estimate my total with taxes and insurance would be ~ $ XXXX/yr. I argued that my taxes have been ~ {$5700.00} and my Insurance dropped from ~ {$2200.00} to ~ {$1800.00} in XXXX and this year ( XXXX ) {$1400.00}. A payment change was made to my account prior to the XX/XX/XXXX ( the initial issue ) that made my payment {$1400.00} which has been the amount i continued to pay based on an annual escrow account determination dated XX/XX/XXXX. \nOn XX/XX/XXXX I received a statement noting my payment is {$5200.00}. Again I called SPS and noted i never missed a payment why is the statement showing me two months behind. I was told that due to my Chapter 13 there would be a petition amount. My lawyer confirmed this. At first it was ~ {$10000.00}. I contested it and my lawyer worked with the SPS lawyer to address the issue. SPS was saying the $ XXXX was owed prior to the chapter 13 filing which was an error. The Chapter 13 Trustee agreed and the matter was drop. Prior to my chapter 13 acceptance SPS made a new petition for ~ {$950.00} in arrears escrow. Again i continued to complain this is not correct, but my lawyer noted that this would drag on the chapter 13 acceptance. He told me to address the issue post the chapter 13 acceptance. My chapter 13 was accepted in this past XX/XX/XXXX. \nI promptly called SPS again and explained the issue to the answering relationship manager. He asked me to review all my payments to confirm. I did on the phone with him and he confirmed that i did make the payments as agreed. After reaching out for support he came back on and told me that when they did the payment removal and reapply they paid the escrow first which again is an estimate of escrow which is how/why the {$5200.00} amount with me being behind two payments was introduced. The relationship manager said they could do the removal and reapply again which i agreed. \nOn XX/XX/XXXX I received a payment reapplication letter from SPS. Again they explain the process, but this time they note they have all the documentation ( which they did not share ) and at the end of the letter that they note it as privileged or proprietary information. The result was the amount is now {$3800.00} as past due. \nAgain i have never missed a payment. I'm certain in my mortgage modification all unpaid escrow prior to the modification possible was thrown on the modification amount. \nI have three concerns. First will this game SPS is engaging in lead to me being in foreclosure? Second as part of the HAMP I'm entitled to receive up to {$83.00} per month in incentive paying on time every month, if they hold their position i don't get any of this. Third on my sixth modification anniversary i can earn the right to receive {$5000.00} in principal reduction again if they hold their position i don't get this. \nPlease help me understand my rights under the HAMP program and please help me work to correct the issue with SPS. \n\nThank you,","date_sent_to_company":"2019-07-01T22:25:33.000Z","issue":"Trouble during payment process","sub_product":"Other type of mortgage","zip_code":"060XX","tags":null,"has_narrative":true,"complaint_id":"3293179","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2019-07-01T20:50:20.000Z","state":"CT","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["A <em>payment</em> change was made to my account prior to the XX/XX/XXXX ( the initial issue ) that made my <em>payment</em> {$1400.00} which has been the <em>amount</em> i continued to pay based on an annual escrow account determination dated XX/XX/XXXX. \nOn XX/XX/XXXX I received a statement noting my <em>payment</em> is {$5200.00}. Again I <em>called</em> SPS and noted i never missed a <em>payment</em> why is the statement showing me two <em>months</em> behind. I was told that due to my Chapter 13 there would be a petition <em>amount</em>."],"issue":["Trouble during <em>payment</em> process"]},"sort":[15.68776,"3293179"]},{"_index":"complaint-public-v1","_id":"3967092","_score":15.653324,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX I was laid off from my {$92000.00} a year job, I asked for a forbearance immediately and by XX/XX/XXXX was approved. My mortgage payments was {$1400.00} monthly at this time and I was current on my mortgage. This includes escrow ; taxes, home insurance and mortgage insurance. 5 months later around XX/XX/XXXX I find another job, now making only half what I was making before my forbearance, around {$51000.00} a year and noticed my mortgage is now at {$1700.00} monthly. A U.S. Bank employee suggested that I ask for an extended forbearance, to get an idea of what my first couple paychecks would look like, and ask for help on figuring out why my new monthly mortgage is now this high of a payment. \nAfter 3 full paychecks, getting paid every other Friday, I fill out the loss mitigation application and get a response back with programs I did not qualify for. The unemployment program, because I was not unemployed and the HAMP program, because of my credit score and a payment amount exceeding a target amount? Something ln that area I didnt understand. \nI did qualify for the Stand Alone Partial Claim. No information at all about this program was given except a letter stating that I must sign a trial period payment plan of {$1700.00} due by XX/XX/XXXX,, in order to accept this plan and permanently modify my mortgage payments for the HAMP program. I was not qualified for the HAMP program, what amount of money goes into the Stand Alone Partial Claim, how do I appeal a decision the correct way? and what is it? Why is this different and higher than the new monthly payment amount on my statements? Why if I did not have enough income to pay this high amount for my mortgage, did I feel forced to have no other option but to file bankruptcy to pay this high amount to keep my home. Why was no other options available or explained to me correctly if at all? \nNot enough time to get correct true answers between one employee to the next, including not being honest about the Credit Check for qualifying for any of these programs after my wife XXXX XXXX and I asked 3 different employees 3 separate times. I was left with no choice but to file chapter XXXX bankruptcy. I filed on XX/XX/XXXX. \nFor me to even consider trying to make this monthly payment I had to eliminate a car payment and lose the car and eliminate all other debt that was not on hold for COVID-19, such as credit cards attacking me while I lost my job and lost half my income. I know no other way to keep my home but to do this. Now Im confused more than ever.. do I still qualify for the Stand Alone Partial Claim? Am I marked as current as of todays date, even after filing my bankruptcy a week ago? \nI cant trust what US Bank is telling me anymore nor can I trust where they apply my extra payments I pay In my mortgage payments after specific instructions where I need them applied, like late fees or escrow every time. What do I do to get answers and not lose my home? Why cant I get an amount of what is going into the Stand Alone Partial Claim? Why would US Bank, FHA or anyone else NOT warn consumers that if they need to ask for a forbearance, if they have low credit, bad, or average credit, to consider other options? They will check credit scores in order to qualify and modify your mortgage to make your home affordable, if you were affected by the COVID-19 pandemic. \nIf the company I worked for, XXXX XXXX XXXX, having a XXXX  XXXX position, did not have to shut down for a long period of time, because of a mandatory order given, making all work come to a halt in the company. I would still have my job and making this high of a payment would not be that big of a problem, nor would I have filed bankruptcy. \nMy wife, filed XXXX XX/XX/XXXX just had a hearing and is still waiting for a final decision, she has felt helpless the whole time. Now so do I. I owed almost {$210000.00} on my home as of XX/XX/XXXX. My home is worth around {$330000.00} now. I work for the XXXX XXXX XXXX  now with, XXXX XXXX XXXX and have a family of XXXX as of todays date. With bad credit, now bankruptcy, I wont be able to sell and buy another home, I probably wont be able to rent another home either due to credit. I want to keep my home, please help! Please at least let other consumers know they will check credit scores. \nIn my opinion, there should be more options for people like me that was affected by the COVID-19. I have equity in my home, U.S. Bank only extends their refinance loans out to 15 or 20 years, not 30 years. By doing this, creates hardship for many to modify their loans due to the length of the loan extended out to 15 or 20 years instead of 30 years. If I had the option to pay for an update appraisal of my home, not get disqualified based on my credit score ( due to reasons to have to modify, caused by the pandemic only ) and extend my mortgage back to 30 years, I would be able to save at the very least immediately {$150.00} a month, due to PMI. My LTV would be satisfied and I would not need to pay that portion in the mortgage payment. \nWhen U.S. Bank, repeats themselves in every monthly statement and in their web site, If you are facing challenges making your mortgage payment, we are here to help, I feel it is false advertisement, false hope for me as a consumer and a false promise as advertised. In no way, shape or form is U.S. Bank helping in any way to help me when I face my challenges making my mortgage payment. U.S. Bank only partially offered what was offered through the CARES act and programs that are backed by FHA, in my case. It left my options in a no win, guarantee fail position. I paid mortgage insurance, U.S. Bank is insured if I fail, is able to sell my home extremely fast and it is absolutely not underwater, how can they go wrong and why would U.S. Bank want to work with me now, me making less money and bad credit? I dont understand, What are my options? please somebody give me real, honest answers.\n\nI told my bankruptcy attorney, in order for us to pay a mortgage at this high of a monthly payment, I have to stop any garnishment from creditors, lose my car payments and car, this will bring my auto insurance down, Ill find cheaper home insurance and I was approved for the Stand Alone Partial Claim. Explaining this brings all the forbearance payments into a separate loan. I just did not know the amount that was going into this Partial Claim nor did I know why my mortgage payments was so much higher now then they were before? I believe he understands this. I told him I want to keep my home and currently on forbearance. \nXX/XX/XXXX, when I asked a U.S. Bank employee, if bankruptcy would still allow me to qualify for any of the loss mitigation options regarding my forbearance? She stated yes and I will still also be approved for the Stand Alone Partial Claim if qualified for the rule of current on mortgage 30 days or less, whether I filed bankruptcy or not. After filing the bankruptcy and noticing my new payment amount of over {$14000.00} due by XXXX XXXX, XXXX and stating Im so many days delinquent, I called U.S. Bank, XX/XX/XXXX, a U.S. Bank employee stated to me, my bankruptcy attorney will now figure out a monthly payment, I will make on my mortgage and any payments made to U.S. Bank meanwhile will be all voluntary until then. I dont know what that means? Do I still pay XX/XX/XXXX or do I get denied for the Stand Alone Partial Claim due to payment being voluntary? \nConfused, I have been hearing about and reading updated blogs, news and looking up information about issues I do not understand what my bankruptcy trustee is doing, as well as U.S. Bank conflicting monthly statements and letters since this forbearance began, I now dont know what is going to happen? I get the idea that chapter XXXX bankruptcy, is more option to lose your home if I do not get the Stand Alone Partial Claim after my forbearance and US Bank does not accept my XXXX XXXX XXXX, payment as an acceptance of that approved program. Will U.S. Bank place me as delinquent and require the entire amount due because of filing a Chapter XXXX bankruptcy? Is this a well known set up plan? Honestly how much worse can it get and what other options does someone like me have? Forbearance was not a help, if I would known, I would have to make this high or payments monthly and to modify was based on my credit score, at least I would been prepared mentally that I had to pack up and move from my home. These programs in the end, were all set up in a way for someone in my position to fail. \n\nIm having a difficult time uploading all my documents, this is my 5th attempt and my wife XXXX XXXX called the CFPB twice today to let them know, about our complaint and our uploading problems. I'm running out of time and need answers. If anyone needs to see any additional documents, I have them all and can send them another way. I wanted to send over copies of pay stubs, proof of new income, all billing statements, projected escrow analysis statements and home insurance statements but unsuccessful. I do have them available. There is the copy of the loss mitigation application i filled out, I hope this helps somewhat. \nThank you.","date_sent_to_company":"2020-11-21T00:28:44.000Z","issue":"Struggling to pay mortgage","sub_product":"FHA mortgage","zip_code":"85205","tags":null,"has_narrative":true,"complaint_id":"3967092","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"U.S. BANCORP","date_received":"2020-11-20T21:31:50.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["She stated yes and I will still also be approved for the Stand Alone Partial Claim if qualified for the rule of current on mortgage 30 days or less, whether I filed <em>bankruptcy</em> or not. After filing the <em>bankruptcy</em> and noticing my new <em>payment</em> <em>amount</em> of over {$14000.00} due by XXXX XXXX, XXXX and stating Im so many days delinquent, I <em>called</em> U.S. Bank, XX/XX/XXXX, a U.S."]},"sort":[15.653324,"3967092"]},{"_index":"complaint-public-v1","_id":"3977567","_score":15.648678,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I am the primary account holder on my auto loan. I am having difficulty getting a hold of Santander Consumer USA about my cosigner filing chapter XXXX bankruptcy and Santander not allowing me to have access to my account, paying my bill, giving me options on what to do next, or explain any of the following concerns my cosigner, his wife and I had with this auto loan company since the beginning of our auto loan in XXXX XXXX. The following is a complaint my cosigner and I wrote during the time we both gathered relevant documents and tried to contact Santander to resolve this issue, including my own similar complaint to them last month. \n\nSantander USA requires a {$480.00} monthly payment for our vehicle loan, totaling {$19000.00}, paid off in a 72 month term at a 20.49 % finance charge, according to our original loan documents. I was asked to cosign for an auto loan from XXXX XXXX dealership for my daughter in law, I will call ( her, she, kids, kid ), even though I had a very low credit score at the time, I believed at the time XXXX XXXX dealership located in XXXX AZ, knew me from my previous purchase of a vehicle from there location, renting through XXXX many times and the wages I earned from my job were satisfactory at the time. She had no credit and only around XX/XX/XXXXyrs. old when we purchased this vehicle. Due to both credit scores being poor at the time of approval, it resulted in a higher interest rate, at 20.49 %. \nAfter returning home from the dealership, my wife, ( Wife ) carefully examined the details of the auto loan documents. Wife was upset after informing her of the amount of interest rate charged. Wife calculated the financing and her results repeatedly showed, the monthly amount for this percentage rate of 20.49 % brings the monthly payment to {$480.00} a month, even calculating on the Santander Consumer USA website shows the monthly payment should be {$480.00}. I never knew this was a simple interest loan until a couple months ago. I gave permission to Santander for my wife to be allowed to discuss the details of the account with Santander. \nWife asked Santander about the percentage rate and the amount of the monthly payments and gave details about her find. Santander decided they need more review on the situation and an accounting manager will contact us soon. \n\nMy wife demanded an answer before we finished our phone call on XX/XX/XXXX with a supervisor from Santander, after a year of inquiring the same question 4 different times, the answer was finally quoted, \" It is our own personal finance charge ''. \nWife, the kids nor I did not know how to resolve this problem with Santander or who to turn to for help. \n\nXXXX and XX/XX/XXXX, payments were made and they were current on their payments. \nXX/XX/XXXX, she, our son, and myself, were all laid off around the same time. I was laid off XX/XX/XXXX. I called Santander and asked if we could have an extension, knowing I could not help the kids if they needed it, which I knew they would. We were approved for an extension due to the COVID-19 pandemic. An extension was given for XXXX and XX/XX/XXXX. Even though we did not like the terms and conditions required in the documents requiring my signature in order to get this extension. I had no choice at the time but to sign. The kids resumed payment in XX/XX/XXXX. XX/XX/XXXX was paid but she could not make her payment for XXXX or XX/XX/XXXX. \n\nI received 2 phone calls from Santander in XXXX around the XXXX and XXXX, XXXX, I asked the kids if they were behind, they said yes, my wife and I tried to figure out if we could help or not, before returning the Santander call. We decided we need to ask for another extension and will ask them when they call back if the kids do not make a payment soon. We figured the kids made the payment after not receiving another phone call and the kids thought we paid the bill, considering she let us know she was behind and struggling. \n\nXX/XX/XXXX Santander calls me, notifying me we are 3 months behind. the kids do not get phone calls from Santander only my wife and I do. I tried to log in to my account on the Santander website like usual in XX/XX/XXXX, so my wife can download all statements and transactions but oddly, they locked me out of the account and left a phone number to call in order to log back on. Which I was never able to successfully recover my account to log into with them. \n\nI immediately ask for the extension and explain our situation. I just started a new job after being unemployed since XX/XX/XXXX, my son was still unemployed and she has limited hours all due to COVID-19. They refused the extension unless I caught up on 2 months worth of payments. I explained I could not do this. They threatened to repo the vehicle, I know a repo would hurt both our credit score for a long period of time. I did not want to hurt her score, I was left with no choice but to give up my first full paycheck received at my new job and pay it all to Santander. I could not afford food for 2 weeks for our other kids at home. Santander said they would send me an email, requiring my e-signature on another agreement that must be signed and agree on the following terms and conditions to apply for a two month extension. \n\nThis agreement requires me to agree to the IMPOSSIBLE! Dated XX/XX/XXXX, it requires that I agree to make the next monthly payment, agreeing to pay on the due date for the month of XX/XX/XXXX. Next due date XX/XX/XXXX. \n\nI called Santander letting them know there was a mistake. You can't sign a document promising anyone that you can do something on a date that has already passed. That is an automatic, failed to comply with terms and conditions of contract as soon as you sign the form. \n\nXX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, payments were not made. XX/XX/XXXX, I made 2 months worth of payments so I can enter into an extension. These 2 payments, paid XX/XX/XXXX and XX/XX/XXXX. Leaving XX/XX/XXXX and due date XX/XX/XXXX, for the extension agreement. Having those dates to e-sign, agreeing to pay the next monthly payment after the extension period ends, due on XX/XX/XXXX would be the correct way to handle the extension. learning from the last extension we signed. We did not receive another email or any other correspondence regarding the correct forms to e-sign. \n\nShe was able to still log into the Santander account on her credentials, I got her information from her and permission to log in to her account. I download the XXXX, XXXX, XXXX, and XX/XX/XXXX statements and all transaction history. I learned that no extension applied at all after I paid the 2 months they demanded or else they will repo the vehicle. \n\nXX/XX/XXXX, I had to file bankruptcy due to being laid off from my previous job on XX/XX/XXXX. I now only make half the earnings I used to make at my previous job. Trying to keep and afford my home, bankruptcy seemed to be the only option left. \n\nSantander made this vehicle purchase impossible to ever pay off. The kids nor I will ever be able to accomplish paying this loan off with such a high interest rate, almost every payment Her or I have made toward this auto loan sinceXX/XX/XXXX, 100 % of the payments made went straight to interest. Santander spoke to me on the phone when I placed my concern and complaint with them, they did not know how much interest I had left to pay before the payments would start going to principal again. That is unacceptable to me. If I am to make my payments, I should have a right to know how much I owe in interest before any money is paid to the principal again. \n\nI asked for a payoff statement the last time she was able to log into her account, the amount was only a few hundred dollars less than what we originally owed on the vehicle for the entire amount of the loan. \n\nI believe Santander Consumer is making it impossible for us to pay off this loan, with getting a cosigner with also having bad credit, enabled Santander to place a high interest rate and make 2 people liable for the loan that is impossible to pay off. I do not want Santander Consumer USA to get away with what they are doing to consumers. She is so young and they will come back on her for this auto loan with a starting loan of {$19000.00} XX/XX/XXXX. Until the date XX/XX/XXXX the loan payoff amount was good for {$19000.00}. \n\nI feel I was LIED to about the interest rate since day one. The extension that I would get for 2 months in XX/XX/XXXX, is false as it appears in documents, only one month extension was given. \n\nI feel Santander Consumer USA, knowingly and intentionally charged a higher interest rate than what is shown on our loan contract. Even if it is only a couple dollars difference monthly but It adds Depending how many other consumers they do this exact same thing to, every month they could make an extra couple million dollars and nobody would ever really notice unless they took the time to do all the math themselves. \n\nWife claims it was a red flag when she noticed the price of the extended warranty. She was upset at me for not checking any vehicle manufacturer recalls that may have been raised before purchase of a vehicle. I would never do that! She would and she was right. This vehicle already, and within the first year owned, has its 3rd new engine and electrical harness replaced. After it almost caused my family to wreck on the highway. \n\nThe wife believes Santander, and XXXX dealership should be aware of these kinds of recalls that would result in lifetime warranties for new and 2nd owned vehicle owners, that covered everything that an extended warranty would cover. She claims Auto loan dealers should always update important information on vehicles they sell to consumers before they are sold and especially expensive added products that would have no value to the consumer at all. \n\nI inquired about Gap insurance but XXXX talked us out of adding gap insurance to our vehicle. XXXX told us that we did not need gap insurance Because we were not underwater on it and it was worth more than what we paid for it. \nI get the impression now after seeing how Santander have distributed our payments toward interest and principal every month, we were underwater within the first 6 months of purchasing the vehicle. \n\nI was surprised when XXXX asked me to cosign for the kids. Qualifying my credit score I believe to be lower than hers at the time was weird but I understood how a good job needs to show someone, at least her or I, makes enough earnings for approval. I should have realized Credit had to matter too, on at least one of us or I could co-sign for my son at XXXX in XXXX, AZ, just one month prior. I did not qualify to cosign for him. I had a big head when I qualified for her so I didn't think twice about why, I just felt special and worthy again. \n\nNow after I filed for bankruptcy, she is no longer allowed to log into her account with Santander Consumer USA, nor will they accept a payment from her for the loan. \nI believe she should have other options available to her for this loan. I don't have a choice but to file bankruptcy which is not her fault. Does she have to file now too? \n\nXXXX  19 guaranteed payments made so far totaling {$9200.00}. \nOriginal loan {$19000.00} Start date XX/XX/XXXX {$19000.00} payoff amount good through XX/XX/XXXX.","date_sent_to_company":"2020-11-27T09:17:05.000Z","issue":"Struggling to pay your loan","sub_product":"Loan","zip_code":"864XX","tags":null,"has_narrative":true,"complaint_id":"3977567","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Santander Consumer USA Holdings Inc.","date_received":"2020-11-27T07:35:18.000Z","state":"AZ","company_public_response":null,"sub_issue":"Problem after you declared or threatened to declare bankruptcy"},"highlight":{"complaint_what_happened":["Wife was upset after informing her of the <em>amount</em> of interest rate charged. Wife calculated the financing and her results repeatedly showed, the monthly <em>amount</em> for this percentage rate of 20.49 % brings the monthly <em>payment</em> to {$480.00} a <em>month</em>, even calculating on the Santander Consumer USA website shows the monthly <em>payment</em> should be {$480.00}. I never knew this was a simple interest loan until a couple <em>months</em> ago."],"sub_issue":["Problem after you declared or threatened to declare <em>bankruptcy</em>"]},"sort":[15.648678,"3977567"]},{"_index":"complaint-public-v1","_id":"2882593","_score":15.638045,"_source":{"product":"Debt collection","complaint_what_happened":"My bankruptcy was discharged and XXXX contacted me, I am assuming my student loans were bought by them. First person I spoke with was XXXX, he was evasive, rude, kept throwing around garnish your wages, he would call and not leave a message and when I asked him about it he would deny calling me, especially after telling me I would only be working with him. I looked up XXXX /XXXX  XXXX XXXX and there is page after page of complaints, so I was very concerned about what I would be dealing with. I finally got a Supervisor and complained about XXXX and I have advised he never to call me and I will not deal with him. In talking with the Supervisor, I am to call in back in a certain amount of days to do this or do that, as though I am a puppy in training and again garnishing your wages is always mentioned. I set up a repayment plan, after advising them I have paid off two prior student loans. I was not advised that they would take my state tax returns. We settled on a payment that would be due on the XXXX of each month and I told them the payment would coincide with my pay day, so it may be before or after the XXXX, that it would be sent. I am told that I must call them and tell them my payment is in the mail, when I mail it to them, even though there is a grace period of 20 day before/after the payment due date. So now, I get emails every other day from XXXX, saying Please read the following carefully ... ... Action is required. It then goes on to say You have failed to make satisfactory arrangements to repay your student loan ... ... it is now due in full. I was told by a Supervisor my first payment isnt due until XX/XX/2018. I have received two of these emails so far. This is by far the worst, the most unprofessional, unethical way to collect a debt, fear and intimidation and lack of maturity, that I have ever witnessed. There is apparently no oversight and I am horrified and disgusted by this treatment and I am tired of it. And, it is important to me to be anonymous, if you contact this State run company.","date_sent_to_company":"2018-10-29T16:54:06.000Z","issue":"Written notification about debt","sub_product":"Federal student loan debt","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"2882593","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Utah System of Higher Education","date_received":"2018-04-21T01:07:29.000Z","state":"UT","company_public_response":null,"sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["We settled on a <em>payment</em> that would be due on the XXXX of each <em>month</em> and I told them the <em>payment</em> would coincide with my pay day, so it may be before or after the XXXX, that it would be sent. I am told that I <em>must</em> <em>call</em> them and tell them my <em>payment</em> is in the mail, when I mail it to them, even though there is a grace period of 20 day before/after the <em>payment</em> due date. So now, I get emails <em>every</em> other day from XXXX, saying Please read the following carefully ... ... Action is required."]},"sort":[15.638045,"2882593"]},{"_index":"complaint-public-v1","_id":"2899593","_score":15.614554,"_source":{"product":"Mortgage","complaint_what_happened":"I took out a second mortgage with XXXX in XX/XX/XXXX. I filed Chapter XXXX Bankruptcy on XX/XX/XXXX. That bankruptcy was discharged on XX/XX/XXXX. I continued to make payments on this XXXX mortgage from XX/XX/XXXX forward. I did not receive ANY statements from XXXX until XX/XX/XXXX. The contents of that statement were as follows : I called XXXX and we had a three way conversation with my bank that made all of the above payments, XXXX XXXX XXXX. XXXX subsequently told me in a telephone call which I tape recorded : The one statement was in my online portal & not mailed to me. \n\n\" You are late on your Home Equity Loan payments. Failure to bring your loan current may result in fees and foreclosure - the loss of your home. As of XX/XX/XXXX, you are 369 days delinquent on your Home Equity Loan. Recent Account History : Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Current Payment Due XX/XX/XXXX : {$230.00} '' TOTAL PAYMENT DUE : {$3300.00} Note : XXXX then turned the servicing over to Nationstar but just notified me by letter dated XX/XX/XXXX which I have yet to receive via mail ( but which is in my XXXX XXXX ). \n\nThis was the FIRST notice I EVER received that I was allegedly late in any payments. To make matters more confusing, XXXX engaged in a three-way call with me with the Bank who writes my automatic payments to XXXX : XXXX XXXX XXXX. XXXX confirmed all these payments the statement indicated were late were indeed made and XXXX demanded proof which was sent directly by the Bank. XXXX subsequently told me during repeated and recorded phone calls that this statement was sent in error and that I should ignore it. I have tapes of several employees stating that there was a note on my account that the statement was in error. I wish to turn recordings over to CFPB, as my state is a one party consent state & I told the reps that I was recording the calls. One rep even told me that they would use the statement as an example to share with other managers. '' The payments they were alleging that were overdue ( the last 13 months ) were all paid. At no time did they tell me that the statement was correct. I called every day from XX/XX/XXXX to XX/XX/XXXX. I was told not to worry about the statements. I received a \" welcome call '' from XXXX, my personal banker at the new servicer, Nationstar Mortgage. XXXX stated she did not see any foreclosure scheduled. Imagine my surprise when I received a certified letter at the property and at my Maine address which amounted to a foreclosure DEMAND LETTER. I have been given 30 days to pay the above amount, even though they can not tell me which months are in fact not paid. Since my Chapter XXXX was discharged in XX/XX/XXXX, why did I JUST start receiving statements NOW, a full 13 months after they claim all payments I made were overdue? Why is it OK to start sending me statements NOW? I was told that they didn't send me statements before due to the Ch XXXX, even though I ASKED for them, but they refused to send them. If you go into the account history, it is clear that they did not provide me with ONE statement in the last ten years except the one beginning in XXXX/XXXX of this year. How am I supposed to research these alleged missing payments that they are hinting were as long as eight or nine years ago if my bank no longer has statements available? Why did XXXX fail to inform the Bankruptcy Court that I was late at ANY time? When they filed their proof of claim, they stated I was current in the mortgage. They just subordinated the loan to XXXX, so that XXXX could offer a lower interest rate. If they thought they were going to foreclose, why would they subordinate their first place in line for foreclosure to a much larger mortgage? XXXX also failed to do the following : 1. XXXX failed to provide me with monthly statements. It was required to because it is also holding me liable for those months and actively collecting a debt, including making demand via certified letter. Therefore, they should have sent statements once he Ch XXXX was over. Thus, they are liable for failing to follow the PERIODIC STATEMENT RULE. My XXXX portal shows that not one statement was sent to me in many years and the Bankruptcy records show that they never sought relief from the Court or notified them of any alleged arrearage. \n\n2. XXXX has failed and refused to give me accurate statements showing which month I am actually missing payments. Moreover, I have found that months they claim I am overdue have payments they did not post, such as late XX/XX/XXXX and early XX/XX/XXXX. They never properly credited missing payments. \n\n3. XXXX told me they CHARGED OFF this account 6 months after it entered into Ch XXXX bankruptcy. It now is CHARGING IT OFF AGAIN in late XX/XX/XXXX. How can an account be charged off twice? When did this company charge this acct off with the IRS? \n\n4. As stated above, XXXX repeatedly told me to ignore a statement telling me I could lose my home. They JUST turned this over to a new servicer who has a one star rating with every reputable rating site and who will not return my calls. Nationstar has a policy of providing customers one point of contact which would be great if that POC was not avoiding me. As of this writing, XXXX XXXX has failed and refused to return my call and all requests for supervisor call backs have been ignored -- AND THIS IS AN ACCOUNT going to foreclosure! \n\n5. It is manifestly unjust to fail and refuse to send statements providing procedural due process and the ability to verify facts. This refusal to send statements has been over 8 years. I am now severely prejudiced by the failure of my bank to be able to reach back to the inception of the loan to play a guessing game as to which payments were not posted. I had an attorney during XX/XX/XXXX to XX/XX/XXXX and that attorney could have received statements on my behalf. This was not done. I am irrevocably harmed by XXXX 's insistence that I ignore the statements and further their failure to investigate which months were in fact behind. When I showed proof that there were errors in not crediting the account, such as last fall, they did not correct this. \n\n6 XXXX failed to notify me in a timely manner that it was turning the servicing over to Nationstar. Before the ink was dry on Nationstar 's letter to me notifying me of the change, they had already drafted a Demand Letter as a precursor to a Foreclosure action in NH, a non-judicial foreclosure state. Nationstar cares nothing about working out the true facts, will not speak to me, and my phone records document both incoming and out going calls-they have failed to return calls at all as promised. Nationstar is nothing more than an aggressive debt collector for XXXX. I have been a member of XXXX for 33 years and deserve better treatment than to be lied to -- in fact we all do. Further, I am a XXXX  XXXX XXXX veteran and a female veteran. I feel strongly that my age, gender and ableism has set me up as a mark for Nationstar to try to take my home. This is proven by the fact that they do not even give me the courtesy of a return call. This is especially outrageous because both XXXX and Nationstar told me that I was not going to foreclosure verbally. The tape recordings tell a different story. \n\nI request that the CFPB investigate my allegations of wrong doing and discrimination. I further request that the CFPB take custody of the tape recordings, made legally and in the furtherance of my efforts to resolve this dispute. They put an end to the \" he said-she said '' question and prove that I was lied to and given a false sense of security so that Nationstar could foreclose when I was least prepared. I am asking that action be taken against individuals who made material misrepresentations of fact in furtherance of a scheme to defraud the debtor. I further ask that XXXX be sanctioned for not following the Periodic Notice Rule given that they held a lien which they intended to enforce. It is well settled in the law that if a creditor seeks to enforce a claim then it must provide proof that it provided adequate notice of the claim, including periodic statements. No statements since the beginning of XX/XX/XXXX is inexcusable. \n\nI ask that CFPB intervene in the actions of Nationstar to immediately foreclose. I have not been given ANY proof as to what months are actually owed, if any, and yet Nationstar is going forward with a foreclosure notice, using false dates of delinquency. The use of these dates, which they know to be false, should further cause them to be liable for a violation of the law and standards of fair play and equity. I ask that the CFPB assist me in ascertaining what sum, if any, is actually due since many bank records are no longer available. \n\nWherefore, I respectfully ask CFPB to obtain each and every recording, communication, statement, letter, email, whether to myself as the debtor or to XXXX as the loan owner or to Nationstar as the subservicer. I believe it will show a pattern of disregard for sound record keeping. \n\nI further attest that each and every allegation reported herein is the truth and that I am willing to have my statement taken under oath.","date_sent_to_company":"2018-05-08T09:45:04.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"03301","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2899593","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"NATIONSTAR MORTGAGE LLC","date_received":"2018-05-08T07:46:29.000Z","state":"NH","company_public_response":"Company believes complaint represents an opportunity for improvement to better serve consumers","sub_issue":null},"highlight":{"complaint_what_happened":["I filed Chapter XXXX <em>Bankruptcy</em> on XX/XX/XXXX. That <em>bankruptcy</em> was discharged on XX/XX/XXXX. I continued to make <em>payments</em> on this XXXX mortgage from XX/XX/XXXX forward. I did not receive ANY statements from XXXX until XX/XX/XXXX. The contents of that statement were as follows : I <em>called</em> XXXX and we had a three way conversation with my bank that made all of the above <em>payments</em>, XXXX XXXX XXXX."],"issue":["Trouble during <em>payment</em> process"]},"sort":[15.614554,"2899593"]},{"_index":"complaint-public-v1","_id":"3348949","_score":15.610992,"_source":{"product":"Debt collection","complaint_what_happened":"Medicredit has mis-managed my account previously and also my payments. I previously filed a case a year ago. # XXXX. I called in to check on the balance of my account, because it seems as if it was {$150.00} off, and I know that the account is set to be paid off this year. When I called in, I asked what account balances are on this plan, the woman said that there are 17 account. I advised her that she was mistaken. I am paying 4 maybe 5 max on this plan. There is one account of my husbands that I asked to be included, and three of mine. Because this woman wanted to argue, I asked to speak with a supervisor by the name of XXXX. XXXX told me that not only was the {$780.00} from my husband 's account on there, there were several other bills. Somehow when they set up my plan someone checked all 17 accounts. I had to tell XXXX several times that when I started this plan, nothing was due to medicredit. I filed bankruptcy and accounts were included there. Any other account that they had was either in bankruptcy, paid to the original creditor, or paid to them. In 2015 I didn't owe them any other bills. For my husband there were two accounts that I kept fighting with them and XXXX XXXX XXXX. I called in finally with the insurance company on a three way call. I spoke with both medicredit and XXXX XXXXXXXX XXXX. When XXXX XXXX XXXX sent the bill to my insurance company they had my husband 's correct name, however they had the incorrect date of birth. They submitted the claim like that on three or four different  occasions, more than likely every time I called to see why they were sending us a bill. The insurance representative told both medicredit, and XXXX ( now XXXX XXXX ) that they are not paying. According to their contractual agreement they have six months to submit claims and be paid, in their contract they must submit correct information within 6 months, and they can not go after the customer because they didn't submit the correct information. According to XXXX they paid that bill. Another {$25.00} bill, and another bil for {$150.00}. They applied 6 {$25.00} payments to my bills that they could not provide the dates, nor the provided which more than likely was in my bankruptcy. At this time I have paid {$5400.00} to Medicredit. When this month 's draft hit my account it started off at payment # 1, which more than likely I am finished with what I was supposed to and agreed to pay, however they started applying my money elsewhere. According to XXXX their system is unable to track every single payment since so much time has passed. She said she would remove the payment from my husband 's account and apply to mine, however this will start the collection process all over for an account that was not due. I asked how much will it take to settle the account and not report to my credit report, I was advised that XXXX takes 20 %. I then told her no, because I shouldn't have to settle and worry about what they will report since they could not email me or mail a letter due to their error. Last year medicredit cost my a job by the negative reporting, and this year they are applying payments illegally where they are not due. In order to be in and remain in business they must have accurate payment processing. I have requested that they stop drafting from my account, and I am filing this complaint so that what I have paid is the final payment. I should have taken them to court when they cost me a position with a bank, however I was able to get another job a few weeks later. And this year it is something else with they checked off all 17 of your accounts. Technically because last years complaint was so malicious because a girl broke my plan intentionally to place it in her name I should have taken them to court for the entire amount due and not paid them another dime. Applying payments to previously bankrupt discharged accounts is illegal, and the system should not even allow that to be an option. Also the account where they sent the claim to the insurance company incorrectly they should have deleted that from their system when they sent it back to them. Due to medicredits gross negligence I am requested that they update with what is due, and they completely write-off the excess that is due for their errors. If they are saying that their client accepts 80 % of the debt, and they can write off 20 %. Then they need to do so without holding me accountable in any way by sending tax information in, or any credit reporting, because this is something that they have caused. Their employees are so malicious when you call in, they are just trying to collect anything, and apply payments anywhere and it is worse because they are hoping that when they apply your payments to debt that is not owed, that they can tell you anything. When I looked at the previous complaint I was correct, there were four accounts. {$780.00}, {$2300.00}, {$1600.00}, and {$460.00} according to XXXX. If that is the case then the the totals are {$5100.00} and I have paid {$5200.00} so far. The accounts are paid in full. When I called back and spoke to another representative, I was given different figures of {$780.00} for my husbands account, my accounts {$2300.00}, {$1600.00}, and {$1200.00}, which is {$6000.00}. This {$770.00} accounts for the 20 % that the client is willing to wipe away, or this could be minimum a fine, but bottom line for the XXXX that they have put me through, this account should be paid in full. Medicredit should be fined and have all of their accounts audited due to poor ethics within the organization from the employees up, as well as their poor payment system, and tracking measures. Please make this public so that others are able to look up this information and be informed on their tactics.","date_sent_to_company":"2019-08-21T16:35:34.000Z","issue":"Attempts to collect debt not owed","sub_product":"Medical debt","zip_code":"28214","tags":null,"has_narrative":true,"complaint_id":"3348949","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"The Outsource Group, Inc","date_received":"2019-08-21T15:33:00.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["According to their contractual agreement they have six <em>months</em> to submit claims and be paid, in their contract they <em>must</em> submit correct information within 6 <em>months</em>, and they can not go after the customer because they didn't submit the correct information. According to XXXX they paid that bill. Another {$25.00} bill, and another bil for {$150.00}. They applied 6 {$25.00} <em>payments</em> to my bills that they could not provide the dates, nor the provided which more than likely was in my <em>bankruptcy</em>."],"sub_issue":["Debt was already discharged in <em>bankruptcy</em> and is no longer owed"]},"sort":[15.610992,"3348949"]},{"_index":"complaint-public-v1","_id":"10185157","_score":15.545047,"_source":{"product":"Debt collection","complaint_what_happened":"I received a call from Atlantic Recovery Solutions I believe on XXXX. I set up a one time down payment of {$200.00} to pull out on XXXX. On that day, it pulled out without issue. I was notified that my hours would be adjusted at work and I looked at the frequency in which the other scheduled payments were to process and knew there could be conflict. I went to my email and read the promise to pay letter which included my payment arrangement and I read at the bottom of the page. A portion of it states, In order to modify or cancel a payment that you have placed on file with our company, you must contact us 24 hours prior to the day that the payment is scheduled to run. So knowing I was well in advance of the next processed payment, I decided to call because sometimes i forget. I called and spoke to a supervisor named XXXX. I initially told him that I just wanted to change the frequency of the payments, not the amount, only the frequency from every two weeks to once a month. He said No, that cant be done. I told him of what the email that was sent, told me. It said I could modify or cancel a payment. I understand if because I accepted a new payment arrangement that the one I accepted couldnt be modified, i understand a new one would need to be made. That makes sense but to tell me that I have to pay regardless and no matter what, seemed off to me. His tonality changed and he was very argumentative and short with me, which isnt a crime, i understand but he was not very helpful at all. He then attempted to shame me by saying I didnt pay back my vacation but wanted to change or modify my payments. He referenced my use of a XXXX XXXX XXXX in a demeaning way as if it was wrong to have one. I didnt use that card to pay this bill. He would not allow me to change or modify my future payments and that was wrong. I just wanted the frequency to change, not the amounts. So after he or I hung up, I called back and I got the same XXXX He told me that he would prompt all of my calls to go directly to him and that I couldnt speak to anyone else about my account. I didnt think that was fair at all. But nonetheless I continued to ask him to change the frequency of payment. He would not. I even attempted to add a new payment method, he would say that my card was invalid which I had just used prior for another bill. I was devastated. I then got seriously irate and called him a name. I apologize for that. But he was being very rude prior to me saying anything out of the way. I dont want anyone to lose their job over this, I just want to pay my balance down when Im able. I dont want it to NSF and then I get charged by my bank and Atlantic recovery gets no money. It wouldnt help anyone and I was trying to avoid that. I have a right to cancel or modify any payment if its done in time and he is trying to take that right away from me. I dont appreciate it at all! After I told him what I thought about him, I said I wasnt going to pay any else, that I could file for bankruptcy, could close my account, etc. I said a bunch of things out of anger and frustration. I dont want to do any of those things, only change my payments from bi weekly to once a month. Same amount. Thats it.","date_sent_to_company":"2024-09-20T19:05:50.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Other debt","zip_code":"38305","tags":null,"has_narrative":true,"complaint_id":"10185157","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Atlantic Recovery Solutions LLC","date_received":"2024-09-20T18:25:09.000Z","state":"TN","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Threatened to sue you for very old debt"},"highlight":{"complaint_what_happened":["I initially told him that I just wanted to change the frequency of the <em>payments</em>, not the <em>amount</em>, only the frequency from <em>every</em> two weeks to once a <em>month</em>. He said No, that cant be done. I told him of what the email that was sent, told me. It said I could modify or cancel a <em>payment</em>. I understand if because I accepted a new <em>payment</em> arrangement that the one I accepted couldnt be modified, i understand a new one would need to be made."]},"sort":[15.545047,"10185157"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":125,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":125}]}},"product":{"doc_count":125,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage","doc_count":52,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional home mortgage","doc_count":21},{"key":"FHA mortgage","doc_count":15},{"key":"Other type of mortgage","doc_count":9},{"key":"Home equity loan or line of credit (HELOC)","doc_count":4},{"key":"Conventional fixed mortgage","doc_count":2},{"key":"VA mortgage","doc_count":1}]}},{"key":"Debt 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