{"took":89,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":5,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"1348397","_score":30.688942,"_source":{"product":"Mortgage","complaint_what_happened":"Due to a financial hardship when I purchased and had installed a new furnace I requested a loan modification in XXXX XXXX through XXXX ( XXXX ) with IndyMac Mortgage Company. IndyMac requested from me the same documention and information over and over again, with no resolution as of XXXX XXXX. Due to the financial hardship my mortgage was behind by XXXX payments. Upon sending my XXXX payment which was late the payment was returned. The lender was not working with me, would not accept my payments and by XXXX XXXX I received foreclosure documentation to be effective XXXX XXXX, XXXX. One week prior to foreclosure I received a XXXX alternative trial loan modification with IndyMac in XXXX XXXX on an original loan balance of {$72000.00} with a monthly payment of {$700.00}. The trial loan modification required that I paid {$500.00} for XXXX to XXXX and a permanent modification would be granted if I was in full compliance. A full modification was granted in XXXX XXXX with an unpaid principal balance now of {$77000.00}. There was an escrow shortage in the amount of {$1100.00} with the monthly payment of this shortage to be paid over a five-year ( 60 months ) period. This monthly payment has been already included in the monthly escrow payment. Review of OCWEN 's Annual Escrow Account Disclosure Statement Account History now reflects a NewLoan Setup Fee and which there should be no modification fee. This is not a new loan and assignment or transfer of this loan from the previous servicer, IndyMac to Ocwen effective XXXX XXXX, XXXX does not warrant the fee assessed to this loan. My escrow is to be used for taxes and insurance and this servicer by federal lending guidelines are now violating fair lending laws and are exhibiting predatory violations. Communication with OCWEN has been tedious and frustrating because I initially responded in XXXX and their response in XXXX XXXX is as follows. Please be advised that the servicing of the loan was relocated from XXXX Ocwen servicing location to another on XXXX XXXX, XXXX, with a negative escrow balance of {$790.00}. OCWEN caused the negative escrow balance when charged the NewLoan Setup Fee. This is not a new loan and relocation from XXXX Ocwen servicing location to another is an OCWEN charge not a charge to the consumer or customer. This act is predatory and the loan modification clearly states that the escrow shortage on this loan is included in my current payment. Additionally, my mortgage payment changed, in XXXX, it was {$500.00} and in XXXX it went down to {$490.00}. OCWEN 's attempt to assess 18 months later an unauthorized charge to my escrow that only allows for taxes and insurance is a predatory act and blatant violation of Fair Housing, Fair Lending and Mortgage Servicing Laws and is illegal. In summary the prior Loan Servicer, IndyMac Mortgage Services verified that this is a loan transfer effective XXXX/XXXX/XXXX and transfer of the servicing of this loan does not affect any term or condition of the mortgage contract.","date_sent_to_company":"2015-04-27T17:30:02.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"Conventional fixed mortgage","zip_code":"631XX","tags":null,"has_narrative":true,"complaint_id":"1348397","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2015-04-27T17:30:01.000Z","state":"MO","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["OCWEN 's attempt to assess 18 months later an <em>unauthorized</em> <em>charge</em> to my <em>escrow</em> that <em>only</em> <em>allows</em> for <em>taxes</em> and <em>insurance</em> is a <em>predatory</em> act and blatant violation of Fair Housing, Fair Lending and Mortgage Servicing Laws and is illegal. In summary the prior Loan Servicer, IndyMac Mortgage Services verified that this is a loan transfer effective XXXX/XXXX/XXXX and transfer of the servicing of this loan does not affect any term or condition of the mortgage contract."],"issue":["Loan servicing, payments, <em>escrow</em> account"]},"sort":[30.688942,"1348397"]},{"_index":"complaint-public-v1","_id":"3279781","_score":16.08762,"_source":{"product":"Mortgage","complaint_what_happened":"CFPB Complaint Details : Weve had our primary mortgage on our property through Citizens Financial Group Inc./Franklin American Mortgage Company since XX/XX/XXXX. Our monthly payment includes principle and interest only, as we pay property taxes ( quarterly ) and homeowners insurance separately and have maintained an excellent payment history always paying in full and on time. \n\nOur property suffered significant damage from hurricane Irma in XX/XX/XXXX. We immediately filed a claim with XXXX XXXX to repair the damage, however after months of repeated inaction and misrepresentation by XXXX XXXX we acquired legal representation to assist with our claim. \n\nAfter denying the vast majority of our claim we filed a lawsuit against XXXX XXXX, whose representatives have been evasive, unhelpful and blatantly lied about the status of our coverage and for the past several months ( since late XX/XX/XXXX ) XXXX XXXX and their attorneys have become unresponsive to both our existing claim, as well as repeated requests for information and status of current coverage, so much so that our attorneys were forced to file to compel them to respond. \n\nDealing with countless temporary and permanent repairs and mitigation required to prevent further damage has caused an incredible financial and emotional burden on our family, which brings me to my complaint concerning the Predatory and unfair lending practices that Citizens Financial Group Inc./Franklin American Mortgage Company suddenly and unexpectedly began engaging in by placing an exorbitantly priced and hazard insurance on our property, which could cause the financial issues for our family to go from difficult to catastrophic. \n\nDespite the financial burdens stemming from the claim issues weve had with XXXX XXXX ( our Home Insurance company ), we continued to made our normal mortgage payment of {$1900.00} on time every month with no issues, so we were shocked when we suddenly received notice in the 2nd week of XXXXl ( not sure of the exact day ) in the form of a letter detailing an escrow summary which revealed that Citizens Financial Group Inc./Franklin American Mortgage Company had placed an unauthorized forced insurance costing over {$9000.00} per 12 months, on our property, causing an escrow shortage on our loan and informing us that our next monthly mortgage payment, due XX/XX/XXXX ( less than 3 weeks ) would increase from {$1900.00} to {$3800.00}! \n\nWe had no prior notification to this communication. No letters. No calls. Nothing. \n\nAttempts to Resolve : Since all communication with XXXX XXXX had been going through the attorneys handling our claim, I immediately contacted our attorneys to request they check on the status of our home insurance policy and spent a couple days unsuccessfully attempting to contact customer service for Citizens Financial Group Inc./Franklin American Mortgage Company via phone, only to be put on long holds and eventually be hung up simply trying to find out what was going on. \n\nAfter getting the expected lack of response from XXXX XXXX, I wasted no time and began the difficult process of trying to secure a new home insurance policy while still dealing with an open claim. \n\nDespite having to take off 2 days of work I was somehow able to find home insurance coverage through XXXX XXXX ( no relation to Citizens Financial Group Inc./Franklin American Mortgage /Citizens Bank ) and since the phone customer service was so unprofessional and difficult to reach and even more unhelpful in trying to resolve any issues, I submitted multiple e-mails ( including details and documentation ) from XX/XX/XXXX-XX/XX/XXXX, requesting Citizens Financial Group   Inc./Franklin American Mortgage Company to have the hazard insurance and all associated billing/charges/payments removed from our policy, as we were never properly notified of these charges in addition to being unable to pay for any increase to our mortgage payment. \n\nCitizens Financial Group Inc./Franklin American Mortgage Company took days to respond and only then did so in e-mail, compounding the frustration and making achieving resolution even more difficult. \n\nThe first response from XXXX XXXX, asked to wait for 5-7 days for a response, which came 3 days later on XX/XX/XXXX ( the day before our mortgage payment was due! ) stating they would only update our account once our new home insurance policy went live. Over the next couple weeks our family suffered the inconvenience and expense of rushing to schedule and pay for 2 new 4 point inspections ( inspection 1 : XX/XX/XXXX, inspection 2 : XX/XX/XXXX ) to secure our new home insurance and the finalized policy documents were e-mailed to Citizens Financial Group Inc./Franklin American Mortgage Company on XX/XX/XXXX. \n\nApproximately 2 weeks later we received notification from Citizens Financial Group Inc./Franklin American Mortgage Company via mail that the hazard policy would finally be removed, however our shortage was barely reduced and instead of our mortgage payment reverting back to the original amount, it remained nearly {$4000.00}! \n\nAfter our family did all we could, while experiencing little to no help from Citizens Financial Group Inc./Franklin American Mortgage Company , to resolve the issues related to the exorbitant hazard insurance including the unexpected and outrageously unfair and untenable increase to our monthly payment, I repeatedly called Citizens Financial Group Inc./Franklin American Mortgage Company   customer service until I was finally able to get to supervisor XXXX XXXX on XX/XX/XXXX . \n\nI explained the extended financial burdens and communication difficulties our family had been dealing with since XX/XX/XXXX, regarding our open hurricane Irma claim with XXXX XXXX and the extreme jeopardy to our familys good credit and home ownership the forced place hazard insurance from Citizens Financial Group Inc./Franklin American Mortgage Company put on our family and as well as the illegal  or unfair lending practices being engaged in by adding this coverage without sending the legally required notifications and notices. \n\nTiming of the Required Notices The servicer must send the first notice at least 45 days before purchasing a force-placed insurance policy. \nThe servicer must then send a second noticea reminder noticeno earlier than 30 days after the first notice and at least 15 days before charging the borrower for force-placed insurance coverage. This notice must include the cost of the force-placed insurance or a reasonable estimate of the cost. ( 12 C.F.R. 1024.37 ).\n\nSupervisor XXXX XXXX, stated that 2 notices were sent out earlier, but she was curiously unable to immediately provide the dates or notices sent and said that I would receive copies of the previously sent notices within 24 hours. XXXX XXXX also assured me that shed have all charges removed completely and promised shed protect any damage to our credit by preventing any late or delinquent payments from being reported while we were working through resolving these issues, since it may take several days to receive some of the information and documentation needed from their insurance department. \n\nWhen XXXX XXXX, called back 24 hours later, as promised on XX/XX/XXXX, she still wasnt able to provide the supposed prior notices, but told me they would be mailed to me in the next couple days. She then reiterated that she was working on resolving our issues and after providing her phone and direct extension ( XXXX ext. XXXX ) to reach her directly with questions or concerns, she assured me that she would follow up with me in the next couple days with a resolution and not to worry. \n\nI never received any further contact or follow up from XXXX XXXX, or any other representative from Citizens Financial Group Inc./Franklin American Mortgage  Company and after trying to reach Supervisor XXXX XXXX via her extension 5 or more times, I was unable to reach her directly and every request to be connected to her and to resolve our issues directly with Citizens Financial Group Inc./Franklin American Mortgage Company have failed , which is why we are now filing a complaint with the CFPB, as well as taking the following additional steps ; 1. Registering complaints with the XXXX XXXX XXXX. \n2. Notifying the State Regulatory Board. \n3. Notifying the Attorney General to Investigate Violations 4. Report Problems to HUD. ... \n5. Filing a Complaint with the Federal Reserve. \n6. Reporting possible Fraud/unfair or predatory lending practices to the FBI. \n\nIn addition, as a XXXX XXXX and XXXX XXXX XXXX in gaining top and effective ranking on XXXX and other search engines, Ill be XXXX XXXX XXXX XXXX with updated XXXX XXXX to ensure star ratings and reviews are reflected in XXXX, where I plan on publishing the details and updates of our families experience with Citizens Financial Group Inc./Franklin American Mortgage Company and allowing other customers to express their own stories and experiences with Citizens Financial Group Inc./Franklin American Mortgage Company and publish ratings and reviews of their services that will be found on the 1st pages of the top bank, mortgage and loan related local searches across the country. \n\nI also plan on sending continuous communications detailing current and future issues and updates via e-mail and letter to the following list of Senior Leadership and Board of Directors of Citizens Financial Group Inc./Franklin American Mortgage Company ; Citizens Bank Leadership XXXX XXXX XXXX Chairman and Chief Executive Officer XXXX XXXX XXXX Vice Chairman and Chief Financial Officer XXXX XXXX XXXX Head of Business Services XXXX XXXX XXXX Vice Chairman, Consumer Banking XXXX XXXX President , Consumer Deposits and Lending XXXX XXXX XXXX General Counsel and Chief Legal Officer XXXX XXXX Chief Risk Officer XXXX XXXX Chief Marketing Officer and Head of Virtual Channels XXXX XXXX Chief Human Resources Officer XXXX XXXX XXXX Vice Chairman and Head of Commercial Banking XXXX XXXX Chief Information OfficerXXXX XXXX Head of Corporate Finance and Capital Markets Citizens Bank Board of Directors XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . ( \" XXXX '' ) XXXX XXXX XXXX. ( \" XXXX '' ) XXXX XXXX XXXX. ( \" XXXX '' ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Lead Director ) XXXX XXXX XXXX XXXX XXXX As I have repeatedly stated via e-mails and phone conversations over the past 2 months with representatives from Citizens Financial Group Inc./Franklin American Mortgage Company , our family has continued to faithfully pay our original monthly mortgage payment of {$1900.00}, in-full and on time, with the last payment processing on XX/XX/XXXX. \n\n\nDesired & Fair Resolution : Resolving our issues is simple and shouldve been done weeks ago. \n\nSince we never received the legally required notifications and notices before Citizens Financial Group Inc./Franklin American Mortgage Company forcibly placed hazard insurance on our policy, the fair resolution our family requires is for any and all past and future charges/billing associated with the hazard insurance policy be removed immediately and our escrow shortage be corrected. \n\nIn addition, as good customers with a good payment history, who are still struggling to work through the open claim and lawsuit with our former insurance company ( XXXX XXXX  ) and may be for many more months, if any form of insurance needs to be placed on our mortgage policy by Citizens Financial Group Inc./Franklin American Mortgage Company in the future, Id expect our mortgage company to treat our family with the decency and respect we deserve, by practicing fair and legal lending laws and procedures, as well as simple and decent customer service, by reaching out to us to modify our mortgage policy to an acceptable payment amount that we are able to afford without incurring more debt than we already have from repairs to recover from a disaster and required mitigation 's to protect our property from future damage.","date_sent_to_company":"2019-06-20T18:56:49.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"32812","tags":null,"has_narrative":true,"complaint_id":"3279781","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIZENS FINANCIAL GROUP, INC.","date_received":"2019-06-19T13:33:19.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["/Franklin American Mortgage Company forcibly placed hazard <em>insurance</em> on our policy, the fair resolution our family requires is for any and all past and future <em>charges</em>/billing associated with the hazard <em>insurance</em> policy be removed immediately and our <em>escrow</em> shortage be corrected."]},"sort":[16.08762,"3279781"]},{"_index":"complaint-public-v1","_id":"3551810","_score":15.734156,"_source":{"product":"Debt collection","complaint_what_happened":"Complaint is Against : Bayview Loan Servicing , LLC. aka BLS XXXX XXXX XXXX XXXXXXXX XXXX. XXXX XXXX XXXX XXXXXXXX, Florida XXXX XXXX Assigned Bayview Representative : Mr. XXXX XXXX. \n\n\nDear CFB Advocate, Timing is critical please-Urgent Action Needed : Due to underemployment and unemployment over the years, I needed to file for bankruptcy 5 years ago. I had a loan with XXXX for over 10 years and held no escrow. \nI do not know where else to turn and believe what is being done is predatory, poor business ethics and illegal. \n\nI have all paperwork, letters, dates of calls, etc and an email chain below which all went unanswered however some were acknowledged by phone with no solution with sketchy interest. The assigned representative treats me like a typical bill collector and can not be trusted to assist as proven by the evidence. I can no longer return his calls as it's very stressful and upsetting using sketchy verbal conversation with no resolve coupled with some mixed condescension and sarcasm. However the email chain below are the dates and facts confirming our conversations and my concerns and I will attach documentation needed to resolve this. \n\nThank you!!! \nXXXX from Illinois Here are the facts : -- -Bankruptcy was awarded and included the mortgage owed to XXXX. I continued to pay the mortgage loan to XXXX and paid out of pocket, the property taxes and insurance on time. \n\n-- -Mortgage Loan was sold to Bayview by XXXX as I missed one month ( XX/XX/XXXX ) of payments during the course of 10+ years after my unemployment ran out. XXXX sold my loan while processing a loan modification with them and was without an answer. \n\n-- XXXX XXXX Bayview Loan Servicing LLC. , a debt collector, took ownership of the mortgage. \n\n-- -Conflicting letter ( s ) received and inclusive of : Demand for Payment, ability to seize a bank account and a Bankruptcy Clause all in one! \n\n-- -Certified Letter of 'Notice of Default and Intent to Accelerate ' as I was then missing 3 mortgage payments to include the XX/XX/XXXX payment. This I understood, I did owe the money. I was able to get caught up with my payments to Bayview since XX/XX/XXXX. \n\n-- -Additional fees assessed since they took over my mortgage. \n\n-- -Escrow placed on the mortgage without my knowledge -- -Received the verbal 'recorded line ' statement by my assigned representative that I didn't pay my property taxes or insurance in XXXX according to their records. \nNot true, they were on time and in full! \n\n-- -Obtained proof of payment of the XXXX property taxes and insurance the very next day after I was told of this. Emailed the documentation of 'on time ' payments to the County of Taxation and to XXXX XXXX XXXX. Never late ever. \n\n-- -Amount due is based upon new charges, a demanded payment plan for an amount of arrearage not owed of which the inaccurate information after proof provided was not corrected by Bayview Loan Servicing , LLC . \n\n-- -Letters to eliminate forced escrow without my knowledge, received by me but not done. Still being billed as if in arrearage on this pseudo payment plan that I never agreed to. \n\n-- -Bayview will not email me back to answer my inquiries as indicated below. Calls are via a recorded line by Bayview. \n\n-- -Letters to eliminate forced escrow without my knowledge, received by me but not done. Still being billed as if in arrearage on this pseudo payment plan that I never agreed to. \n\n-- -Assigned representative does nothing to assist and has been condescending and sarcastic with no proven focus to fix this problem by defending Bayview in it's entirety or telling me there is nothing he can do, per se. \n\n-- -Mortgage money paid is now held in suspense due to this error 'creating ' an arrearage. \n\n-- -Strange fees appeared on the invoices example : 'Corporate Advance Balance ' fee -- -More than one month after escrow elimination, they contacted my insurance company, put their name on the paperwork and paid the renewal for the year XXXX, without my knowledge. I found this out when I couldn't find my online account with XXXX  that was set up by me for the past couple of years. \n\n-- -Being proactive and not wanting to wait for Bayview to resolve this ... I tried but have been unsuccessful in getting the insurance money back to Bayview. The payment was sent in XX/XX/XXXX, almost 2 months after they were to suspend the forced escrow and correct the records. \n\n-- -Today is XX/XX/XXXX. Within the past 5 business days, I received 4 letters. 1 via certified mail.\n\n- Two of these letters are demanding payment with 'Notice of Default and Intent to Accelerate ' stating that it is a formal demand to pay BEFORE XX/XX/XXXX or they will take steps to terminate my ownership in the property by a foreclosure proceeding or other action to seize the property while placing further costs on me to pay for the lawyer/court fees, etc. involved in doing so. \n\nPlease be mindful, if their records were corrected as promised, I would be current in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and presently today ; XX/XX/XXXX. \n\nBelow is the email documentation, before and after, each Bayview recorded phone call and the financial concerns pleading with them to correct their records and relaying the proof they needed to do so.\n\nI eliminated personal information about myself, my loan and the Bayview representative as indicated in your instructions.\n\nThank you. \nXXXX These emails begin with the latest on XXXX XXXX and end with the first in the email tree. \nNo responses were returned by email. \n\n-- -- -- -- -- -- -- -- -- -- -- -E-MAIL DOCUMENTATION BELOW -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc :XXXX ; XXXX Subject : XXXX_Bayview Loan # XXXX XXXX payment scheduled Importance : High Dear XXXX, This email is to let you know I paid the XX/XX/XXXX mortgage amount via phone today, XXXX XXXX. \nAs of this payment, I am fully caught up and current with my mortgage loan. \n\nAlso, the XXXX payment was not applied correctly however I received a letter stating a corrected invoice will be sent however I had not yet received it. \n\nHope you had a nice XXXX  and Happy XXXX XXXX! \n\nXXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc :XXXX ; XXXX Subject : XXXX_Loan # Good Morning XXXX! \n\nI received your voice messages on Monday and Tuesday asking for me to call you back and will return them when I am able. \n\nYou have my permission to leave a message on my answering machine for me to receive it when I am home. \nPlease leave a detailed message with question or comment, so I can answer you via email, in the meantime. \n\nI received the payment plan paperwork you overnighted however the figures are incorrect and still needs to be revised. When we spoke about it last week, you told me the system would not let you do so however there must be a way for it to be corrected. I can not sign an inaccurate document of this nature. Also, I have read and am mindful of the Bayview legal and binding terms written. \n\nReceived a statement in the mail last night and I noticed the actual payment due is incorrect as well. \nI fully paid the mortgage amount that was due from XXXX XX/XX/XXXX, plus Bayview applied fees and the money was not applied correctly. \n\nAs my assigned Bayview representative XXXXXXXX, can you please make sure this is corrected with your accounting department? \nWe both know it is very important to have the Bayview records corrected right away. \n\nI plan to make all mortgage payments on time and in full each month, as is accurate. \n\nXXXX, thank you in advance and I look toward working with you to reaffirm and refi as soon as is possible in XXXX! \n\nRespectfully, XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX To XXXX   Cc :XXXX, XXXX Subject : Trying to make an online payment ... XXXX Importance : High Dear XXXX, Are you getting my emails? I have not gotten any responses. \n\nI am trying to make a payment via your website however the site will not allow me to. \nIt keeps saying to call you specifically. \n\nIf Im unable to reach you by XXXX, XXXX I will have to authorize a bank check but I wanted to get the payment to you right away as promised. \n\nPlease advise as soon as you can and provide answers to the questions below via email. \n\nThanks, XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX To :@XXXX Cc :@XXXX Subject : Promised Payment Info ... XXXX Sorry  XXXX, Meant to tell you in the e-mail below sent earlier today I set up a new Bayview dedicated bank account from which you will receive my monthly mortgage payments however the money you should have gotten on Friday had not yet transferred to the new account set up earlier last week. I apologize for not allowing the transfer timing to be built into the date I gave below. \n\nWith a bank transfer, I thought the funds would be available immediately however after not seeing it deposited though debited, it apparently takes the bank up to 3 business days to post. \n\nWith this in mind, I will pay the promised amount promptly as the funds become available ; either today or tomorrow eod. \n\nWill keep you posted when paid since I noticed the Bayview payment center is in XXXX, TX instead of XXXX XXXX, Florida ; where you are located. \n\nThanks and Take care XXXX! \n\nXXXX Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To XXXX@XXXX Cc :@XXXX Subject : FW : REVISION : XXXX_Loan # Hello XXXX, I received your phone message last week and received the letter from Bayview that the escrow account, recently placed on my mortgage by Bayview, would not be cancelled as I had requested.\n\n( The escrow account placed on my mortgage, was unknown and unauthorized by me and I remain opposed to it. ) What was not noted on the letter, was the reason Bayview rejected my request for escrow cancellation, would you please obtain the exact reason why it was opened and the reason why my request to cancel was rejected?\n\nCan you also send me the exact reason ( s ) why my hardship request for a loan modification in the form of an extended loan term, lower interest rate or forbearance was rejected? \n( Note : Modification paperwork was filed prior to the loan transfer from XXXX to Bayview ) Am I still required to cc :@XXXX when no documents are being submitted? \n\nThanks XXXX, I look forward to your written response. \nHave a pleasant day! \n\nRespectfully, XXXX Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX  Sent : XX/XX/XXXX XXXX XXXX   To :XXXX Cc :XXXX Subject : REVISION : XXXX_Loan # RE : Bayview Loan # Property Owner : XXXX Property Address : Dear XXXX, Hope you had a great XXXX! \n\nIm writing to let you know about a slight revision, highlighted in yellow below, regarding upcoming payments to Bayview. \n\nA bank check for {$2600.00} will arrive at the Bayview payment-processing center by XX/XX/XXXX. \nThis will cover the XXXX, XXXX, XXXX and XXXX XXXX-mortgage balance in full. \n\nThe XX/XX/XXXX mortgage payment will follow as a separate payment. \n\nIm glad you called me to confirm receiving the proof of on time and up to date payments covering my XXXX home insurance and property taxes. \n\nThanks XXXX! \n\nXXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc  :XXXX ; XXXX Subject : XXXX_Loan # RE : Bayview Loan #  Property Owner : XXXX Property Address : Illinois Good Afternoon XXXX, I had not yet received a response concerning the original email below, sent last Friday afternoon ; proving I had paid property taxes and insurance premiums for the XX/XX/XXXX year. \nTried reaching out to you today and was unable to book a phone appointment for this week and my option was only to leave you a voice message. As I indicated, Im prepared to issue a check for the XXXX arrearage amount, in its entirety. \n\nMy figures are indeed correct as follows. \n\nXXXX, XXXX, XXXX, XX/XX/XXXX at {$670.00} per month for a grand total of = {$2600.00} XX/XX/XXXX will be paid at the regular mortgage amount of {$670.00} since escrow does not take effect until XX/XX/XXXX {$2600.00} ( XX/XX/XXXX-XX/XX/XXXX ) + XXXX ( XX/XX/XXXX ) {$3300.00} total due to get mortgage account current With this correct recalculation of what is owed, Bayview will receive a payment of {$3300.00} before XX/XX/XXXX. \n\nMoving forward into XX/XX/XXXX, Bayview without my knowledge, opened an escrow account on my mortgage to begin in XX/XX/XXXX. \nWith that determination, my future XXXX payments would now be in the sum of {$1000.00} ( XXXX + XXXX property tax + XXXX insurance ) On Friday XXXX XXXX, XXXX, you verbally indicated that your e-mails are scripted so you can not respond. \nSince you can not respond via email, can another mortgage loan representative or supervisor partner with you, who has that capability? \n\nThere has to be a better communication avenue for efficient handling of accounts that is confirmed in writing vs. a phone call or costly snail mail. \n\nThank you and Best Regards XXXX! \n\nXXXX Bayview Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :@XXXX Cc :XXXX ; XXXX Subject : XXXX XXXX_Loan # RE : Bayview Loan #  Property Owner : XXXX Property Address : Illinois Dear XXXX & the Loss Mitigation Team, As promised today, Im providing you with attached proof of property taxes fully paid on time concerning the property location listed above. \n\nXXXX, thank you for reaching out to me today regarding the loan amount arrearage ; and what my options can be and are, at present. \nTo confirm our telephone conversation this morning, I want to recap I writing on what my understanding is from what we discussed. \n\nHARDSHIP : The hardship as I mentioned has been the exhaustion of my unemployment benefits in mid-XX/XX/XXXX and current unemployment status. \nMORTGAGE/TAX/INSURANCE STATUS : My mortgage payment on this property including non-escrowed insurance and property taxes has never ever been paid late in more than 20 years. \n\nXXXX, you stated that you were not aware that my property taxes and property insurance were in fact, paid on time and both are current as of the date of this email and that you required proof which was provided today. \nWith this in mind the stated monthly loan amount, per our phone call today, has to be inaccurate ; needing to be revisited. \n\nSince there had been no arrearage of property tax and insurance, the amount you gave me by phone this morning of {$1500.00} per month beginning XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX payments moving forward of {$1100.00}, inaccurate and needing recalculation so I can pay Bayview the proper amount moving forward. \n\nOnce the recalculation is complete please o Reevaluate the monthly payment amount for an easier payment plan that I can manage. \no Generate a new billing statement in writing and send it to me by mail as soon as humanly possible. \no In the interim, feel free to email me a copy of the statement with enough time to pay XXXX bill, on time. \no XXXX both e-mailed and faxed you and the Loss Mitigation department, proof of insurance for the property, proving payments were made on time and is currently active, as promised. \n\nUntil today : I had no written or spoken knowledge of Bayviews intention and subsequent action to change my non-escrow status to an escrow account. \nUntil today : I had no written or spoken knowledge of my Loan Modification Application being denied by Bayview. \nUntil today : I had no knowledge of being put on a Waterfall repayment plan or exactly what it entails. \no Thank you XXXX for approving the Waterfall repayment option but I need an easier payment plan. \no I understand why the Loan Modification was not approved however once I have gainful employment, I will reapply. \no As we discussed, I plan to keep ownership of the property. \no I asked about a Forbearance and you educated me about that option by telling me I would need proof of having a job and the income to pay the balance after the reduction of payments. \nI thought that the payments due are put on hold, accumulates over a 3-6 month period at which time, the entire accumulated balance is due. \n\nI am greatly concerned that the mortgage amount is more than our household income. You said other people find a way. That may be so XXXX  ; however it can not be the case for all. \nMy concern of using non-fluid food stamp allowance is not what I can use for a payment other than food as I stated this morning. \no Would you please reconsider the amount due each month? \no What happens when the food stamp money is reduced or food stamp payment ends? \n\nContact me to confirm the above, answer my questions and let me know when I can receive a new repayment arrangement. \nThank you for the work you put as my representative. I appreciate your assistance and look forward to working with you moving forward. \n\nRespectfully, XXXX Regarding Loan # Illinois","date_sent_to_company":"2020-03-03T07:40:15.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"60014","tags":null,"has_narrative":true,"complaint_id":"3551810","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","date_received":"2020-03-03T02:22:50.000Z","state":"IL","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["MORTGAGE/<em>TAX</em>/<em>INSURANCE</em> STATUS : My mortgage payment on this property including non-escrowed <em>insurance</em> and property <em>taxes</em> has never ever been paid late in more than 20 years. \n\nXXXX, you stated that you were not aware that my property <em>taxes</em> and property <em>insurance</em> were in fact, paid on time and both are current as of the date of this email and that you required proof which was provided today."]},"sort":[15.734156,"3551810"]},{"_index":"complaint-public-v1","_id":"10475948","_score":9.4579115,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ Dealership Location ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). Drive time did not accurately and truthfully follow the ( TILA ) laws. \n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in XXXX in response to exceedlingy predatory loan practices. Prior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The XXXX also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Drive time Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code 160XXXX ( k ) : ( k ) The term adequate notice, as used in section XXXX of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of XXXX [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of XXXX, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n* XXXX, monthly payments ( XXXX ) Service or carrying charge. \n\n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n\n( XXXX ) Fee for an investigation or credit report. \n\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( XXXX ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( XXXX ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( XXXX ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( XXXX ) which would otherwise be payable. \n\n\n( XXXX ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes.\n\n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n\n\n\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms.\n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances. \n\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : Drive time is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section XXXX of this title, subsection ( f ) or ( g ) of section XXXX of this title, or part D or XXXX of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damage sustained by such person as a result of the failure ; ( XXXX ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than XXXX year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( XXXX ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the","date_sent_to_company":"2024-10-16T19:34:11.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475948","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-10-16T19:33:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( 3 ) <em>Escrows</em> for future payments of <em>taxes</em> and <em>insurance</em>.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n\n\n\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms.\n\n15 U.S."]},"sort":[9.4579115,"10475948"]},{"_index":"complaint-public-v1","_id":"10475822","_score":9.452598,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ XXXX XXXX ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). did not accurately and truthfully follow the ( TILA ) laws.\n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in 1968 in response to exceedlingy predatory loan practices. P\nrior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code XXXX ( k ) : ( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of 1974, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n* Apr, monthly payments ( 2 ) Service or carrying charge. \n\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.\n\n( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. \n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports.\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms. \n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances.\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( 3 ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any","date_sent_to_company":"2024-10-16T19:19:51.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475822","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2024-10-16T18:54:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Unable to receive car title or other problem after the loan is paid off"},"highlight":{"complaint_what_happened":["( 3 ) <em>Escrows</em> for future payments of <em>taxes</em> and <em>insurance</em>.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports.\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms. \n\n15 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