Product: Mortgage

THE REASON FOR THIS LETTER IS TO DEMAND A DEFINITIVE SOLUTION TO MY CASE AND TO STOP ONCE AND FOR ALL THE THREATENING LETTERS THAT I HAVE BEEN RECEIVING FROM THIS COMPANY. 
On XX/XX/2020 I received a letter from the TMS company in which I was welcomed and offered information such as the number of the loan that corresponds to me in reference to my property located at XXXX, XXXX XXXX, NV, XXXX That same day, XX/XX/XXXX, around XXXX XXXX, I received a phone call from a TMS employee who identified himself as XXXX, a representative of the aforementioned company whom I could contact at XXXX extension XXXX. He welcomed into the company once again and further extended his empathies and understanding about the difficult times we are living in due to the COVID-9 Pandemic, and stated that it is understandable how the loan monthly payments could be affected and delayed ; and that the company TMSs intension was to help its debtors as much as possible. The previous statement shocked me firstly because I did not consider me as one of those cases since I have been punctual about the loan monthly payments ( {$1200.00} ) without any delay nor missing due date, as I had agreed upon when I signed the contract. Consequently, I told Mr. XXXX about it and he respectively denied it while saying that the company did not receive any payment since XXXX of this year. This alarmed me and raised various flags at the same time, I was really scared about this situation. Once again, I HAVE BEEN PAYING WHAT I OWE IN FULL AND IN ITS TOTALITY IN A MONTHLY BASIS WITHOUT ANY DELAYS NOR MISSING DUE DATE. 
On that day, XX/XX/XXXX, I received a letter from the TMS welcoming me to the company. Thus, it is understandable that all the previous payments I have done until that date were made to the previous company, the original loan company XXXX XXXX XXXX  XXXX, located at XXXX XXXX XXXX, XXXX XXXX, XXXX  XXXX, XXXX, CA, XXXX, address to which I have been sending the monthly payments corresponding to the months of XXXX, XXXX, and XXXX of 2020. 
According to Mr. XXXX, the ownership over the loan was transferred ( bought ) by TMS to XXXX in XXXX ; something I was never notified about by any means, either written ( letter or email ) or orally ( via telephone ) Therefore, I continued sending the monthly payments to the original address ( XXXX XXXX ) as I originally agreed upon when I signed the contract. I have all the evidence ( hard evidence and in record ) that shows all the payments made to the XXXX XXXX, situation I further explains to Mr. XXXX over the phone and he replies that I have nothing to worry about, that if I have been paying what I owe, then it is up to the company to retrieve the money ( action that would take between companies and that would not affect me personally, nor my debt ) ; and that it would not be reported to any credit bureau nor entity about the alleged late payment or non-compliance in the payment ; and it was further clarified that I would start sending my monthly payments to the new company, TMS, starting XX/XX/2020, and the call came to an end with me trusting Mr. XXXX words The very next day, on XX/XX/XXXX, I received a letter from TMS notifying me that my account had been assigned to the Customer Resolution Department due to a potential or existent of delinquency as a consequence of the unrealized payments corresponding to the previous months, like not having made any payment. This situation really worried me quite a bit since I previously talked over the phone with a TMS representative about this situation, who had assured me that there would be no problem with my account. Even though, I decided to send an email on XX/XX/XXXX to the email that the previous letter addressed XXXX in which I explain the situation that had supposedly been clarified in the aforementioned telephone conversation. A few minutes after sending that email, I received a notification that it was successfully received by the TMS team, being the one and only answer I received from them, an automated response. As I waited for TMS to investigate my case and reviewed my claim and an answer in return ( which never happened ), on XX/XX/XXXX, I received a Monthly Mortgage Statement with date XX/XX/XXXX reflecting the amount owed amounting to {$3800.00} that supposedly corresponding to three months of outstanding debt or built up pending debt and with a payment deadline of XX/XX/XXXX ; a document that made me suffer a XXXX XXXX XXXX and caused me to suffer from an episode of XXXX XXXX XXXX that led my family doctor to refer me for treatment. On the following day, XX/XX/XXXX, I sent a second email strongly requesting at least an email with an answer out of courtesy and I demanded a solution to this situation. Same as the previous email, I received the confirmation email, an automated response, that the TMS company received my claim and would answer me briefly ( which also never happened ) ; on the contrary, on XX/XX/XXXX, I received once again a Monthly Mortgage Statement of the same date and same debt amount of {$3800.00} and same payment deadline of XX/XX/XXXX. So, I immediately sent another email, being my third attempt to contact TMS, which never answered back nor gave a solution to the existent situation Given the disinterest and neglect from the TMS company to find an answer or solution to the current situation that is not only inflicting loss to the companys capital, but also harming me and my family in a mental and physical manner ; I decided to take justice by my own hands and investigated the case myself in sights of finding the party responsible and a solution as soon as possible. Therefore, I contacted via phone call to the primary Broker to which I made the first administrative step in acquiring property credit, who is identified as follows : XXXX XXXX, Mortgage Loan Originator, NMLS # XXXX, XXXX XXXX XXXX XXXX  XXXX, NMLS # XXXX, Cell XXXX at XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, NV XXXX, NMLS # XXXX ; who showed availability to help me and solve this problem. Afterwards, she contacted the person responsible for XXXX, conversation on record held via email, which I forwarded as a copy of several emails to TMS, which served as evidence and demonstrated that, effectively, I WAS MAKING THE MONTHLY LOAN PAYMENTS WHEN BEFORE THEY WERE DUE AND IN IT TOTALITY TO THE XXXX COMPANY WHO RECEIVED THE PAYMENTS AND CASHED THE CHECKS, even though the knew the money did not belong to them. In the response, the person from XXXX assures and confirms that the payment corresponding the month of XXXX, had already been sent to XXXX XXXX XXXX, located at XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, UT XXXX phone XXXX, and that the payment corresponding to the month of XXXX would be sent the current week. This conversation took place on XX/XX/XXXX, date on which I tried once more to contact the TMS company by sending them another email requesting their help in the matter and attaching a copy of the conversation held via email with the Loan Originator and the representative of XXXX, who in their last email proposed to reimburse the money paid the last month. Afterwards, I send an email to TMS with this proposition in hopes to receive an answer in wight to solve this situation once and for all ; once more, my efforts of contacting the TMS company were in vain as thy did not answer back. On the other hand, it can be appreciated in the answer from XXXX company that they made the debt transference since XXXX and I was never notified of it, the lack of communication and the unprofessional work of the previous companies XXXX and XXXX of not communicating properly to me, the debtor, the change of company to which payments must be made were the factors that caused this whole situation in the first place, this has been the basis of this whole situation. However, considering all the emails and all the information given to the TMS company by me, it is unacceptable the lack of seriousness and lack of action taken by said company in finding a solution As a final point of these conversations with the different companies XXXX and XXXX, it was concluded that XXXX would send the checks corresponding to the months of XXXX and XXXX paid by me and cashed by them to the TMS company. This made me think that a solution had been found and that everything would be clarified as soon as possible ; but to my surprise, when I checked the Monthly Mortgage Statement posted in the TMS application on XX/XX/XXXX, the debt amount of {$3800.00} reappears with a now payment deadline of XX/XX/XXXX. The most horrifying things about this situation is that after that, I received a THREATENING letter from TMS on XX/XX/XXXX, where it is stated that the delinquency incurred on my mortgage loan was in a serious situation ( as if they were laughing straight at me ) and that I was not only putting in danger my credit rating ( which is excellent to date ), but also could result in the loss of my home ; a statement that affected me too much in a physical and psychological level, resulting in a XXXX XXXX, XXXX, XXXX, XXXX, and lack of sleep ( XXXX  ) ; symptoms started to show more frequently in myself and in my XXXXyear-old father, whom is a co-debtor and co-owner of the house we acquired through sacrifice and hopes of it being our last humble abode in where our family could shelter and be safe. That said threatening letter, estimated a debt amount of {$2500.00}, so I check once again my account in the TMA app and indeed, it shows a new Monthly Mortgage Statement which ascends to {$2500.00} with a same time limit for payment XX/XX/XXXX. Due to my poor health conditions due to the last THREATENING letter, I was not able to take any action such as writing a claim ; and after XX/XX/XXXX, I received an new letter from TMS in which I was notified that due to the late payments and as required by the law, I was given an opportunity to meet face-to-face with a representative of TMS to determine the cause behind me not making the payments, and that it would be made so through a home inspection, which would also be paid me. This was added to my monthly payment amount ( {$20.00} related to the fees of the inspection ) which also appeared in the homepage of the TMS app that stated I owed now {$1200.00} THIS SITUATION IS ALREADY CROSSING A LINE Because of me being enraged at this event, I called one more time to the number XXXX, on XX/XX/XXXX at XXXX XXXX.XXXX. This time, someone answered the call and identified himself as XXXX from the loss mitigation department. This time around, I requested for someone to translate the conversation, I request a XXXX  language interpreter, so that no misunderstanding nor communication barrier/error is generated in our conversation. This phone call lasted for approximately 45 minutes, and I am hoping that it was recorded as it was said in the beginning. I explained to that person what had happened since the beginning : from the first welcoming letter, the first call, all the emails sent, all the documents and tests sent, all the research done by me and the reason why I was calling again. but since I had just received the letter notifying me of the inspection that contradictory was dated XX/XX/XXXX and we were talking on XX/XX/XXXX. This person, XXXX, perfectly understood what was happening and told me I was right to be mad at the situation and why I was making a claim. During the course of our conversation, while we were talking, he contacted other departments like Customer Resolution to suspend the inspection and Accounting Department eliminate the charges of the inspection fee by understanding that it had no reason to be and that it was inappropriate. While we were talking, I realized that at that precise moment, the emails that I had been sending for the previous month were being reviewed for the first time evidencing the lack of interest and professionalism on the part of TMS in finding a solution to this problem. He stated, this situation was unprecedent and even promised to convey this situation to the Head of the Department of loss mitigation in sights to find a solution to this situation and he promise that I would not be further tormented, would no longer be bothered nor threatened again by any means. This person reviewed the emails that I have been sending that contain all the information of the previous companies, both XXXX and XXXX, with the details of the responsible parties data, their names, emails, addresses and telephone numbers, loans numbers and he congratulates me on the effort I made in the search of a solution since I am the most affected by this problem. He further recognized that I have been thoroughly keeping my part of the contract ( and more ), that is to make the monthly payments before they were due and in their totality. I am proud of doing the job that should have been done by these companies and their employees. It is ironic that even after the conversation ended with all the recognition that I have been keeping my part of the contract as the one and only responsible party, and that the only thing to settle should be handled between companies ( to demand and request the money respectively ) and that I should not be affected at all, I AM THE ONE BEING AFFECTED when at the very next day on XX/XX/XXXX, I receive once again a letter from TMS where it is reiterated about the delinquent situation in which I am in because of the late payments Currently, the homepage of the TMS app shows a next payment amount of {$1300.00}, since ( if done the math ) it is pretended to show the original payment and a late fee of {$41.00} ; fee that I AM NOT WILLING TO PAY NOR AM I GOING TO PAY since I HAVE DONE NOTHING BUT TO PAY BEFORE IT IS DUE AND IN ITS ENTIRETY. As a way of clarification, I would like to add and explain the way in which TMS has been allocating payments : On XX/XX/2020, XXXX made the transference of the mortgage loan to TMS, receiving the escrow amount of {$280.00} and posted on XX/XX/XXXX XXXX transfer of which I had no knowledge ) In XX/XX/2020, XXXX sent the monthly mortgage payment that I made corresponding to the month of XXXX to TMS with an amount of {$1200.00} and TMS posted as XX/XX/2020 payment The payment corresponding to the month of XXXX, HAS YET TO BE SENT to TMS by XXXX, payment that I made on XX/XX/2020 to XXXX On XX/XX/2020, TMS received the first payment made by me corresponding to the month of XXXX ; but instead, it was assigned to the date of XX/XX/XXXXwith an amount of {$1200.00}. Once again, there is a missing payment yet to be sent by XXXX On XX/XX/2020, TMS received the second payment made by me corresponding to the month of XXXX ; but instead, it was assigned to the date of XX/XX/2020 with an amount of {$1200.00}. 
On XX/XX/2020, in TMS XXXX XXXX XXXX reflects the next amount to pay of {$1300.00} which include a {$41.00} late fees with a due date of XX/XX/XXXX as it would supposedly correspond to the payment for the month of XXXX, payment that I already made Therefore, TMS is assigning the payment of latter months to the previous months to fill up the gap made by a missing payment ( corresponding to the month of XXXX XXXX that should be made by XXXX. Thus, I have been charged with a fee instead of TMS demanding XXXX to pay the money that they owe. Once again, it is easier for TMS to coerce their customers and a civil resident of the United States than to do their job correctly and properly. I am not willing to pay the late fee as I have not even once break nor made a breach in the contract that I originally signed My biggest claim is that for TMS because it seems that this company prefer to intrude on their customers life and violate their right to privacy, well-being, mental peace, and security as protected by the Constitution and State Law. It is easier to harass and threaten my person than to establish contact and claim the money from other companies that is INDEBTED to them, despite being fully aware that it is not my fault or responsibility but that of the staff of their company that does not carry out the work that corresponds to them, in addition to which I gave them all the possible and necessary information to simply solve this case but they are not in the least bit of interest, it is simple bureaucratism and abuse of power against a civilian I have all the existing documentation and evidence of my correct actions and compliance with what has been agreed. I refuse to pay more than agreed or any late payment because I have not incurred any List of Documents 1. TMS welcome letter XX/XX/2020 ( with a note from my handwriting with the details of the person with whom I had the first phone call ) 2. TMS letter XX/XX/2020 ( my mortgage account was assigned to the Customer Resolution Department due to delinquency ) 3. First email send to TMS by me XX/XX/2020 ( where I mention and attached all the supporting documents of all the payments made ) I STILL HAVEN'T RECEIVED AN ANSWER 4. Copy of the Check # XXXX issued to XXXX XX/XX/2020 ( for the amount of {$1200.00} corresponding to XXXX monthly payment and cashed by XXXX XXXX 5. Copy of the Check # XXXX issued to XXXX XX/XX/2020 ( for the amount of {$1200.00} corresponding to XXXX monthly payment and cashed by XXXX ) 6.  Monthly Mortgage XXXX dated XX/XX/2020 ( with the incredible amount to pay of {$3800.00} ) 7. Second email send to TMS by me XX/XX/2020 ( where I request help finding a solution because this situation is causing health problems to me and my XXXX old years old father ) I STILL HAVEN'T RECEIVED AN ANSWER 8. Monthly Mortgage Statement dated XX/XX/2020 ( again with the incredible amount to pay of {$3800.00} ) 9. Third email send to TMS by me XX/XX/2020 ( where I mention and attached all the supporting documents of all the payments made ) I STILL HAVEN'T RECEIVED AN ANSWER 10. Fourth email send to TMS by me XX/XX/2020 XXXX XX/XX/XXXX( where I fast-forward the emails between the Mortgage Loan Originator and XXXX representative who claims to have sent the XXXX payment pending the XXXX payment to be sent ) I STILL HAVEN'T RECEIVED AN ANSWER 11. Fifth email send to TMS by me XX/XX/2020 XXXX XX/XX/XXXX( where I fast-forward the emails between the Mortgage Loan Originator and XXXX representative who suggests refund the payment to me ) I STILL HAVEN'T RECEIVED AN ANSWER 12. Sixth email send to TMS by me XX/XX/2020 ( where I fast-forward the emails between the Mortgage Loan Originator and XXXX and XXXX representatives with the final resolution that XXXX will send the checks to TMS ) I STILL HAVEN'T RECEIVED AN ANSWER 13. Copy of the Check # XXXX issued to TMS XX/XX/2020 ( for the amount of {$1200.00} corresponding to XXXX monthly payment and cashed by TMS )  14. Monthly Mortgage Statement dated XX/XX/2020 ( with the incredible increase amount to pay of {$3800.00} ) 15. TMS THREATENING letter XX/XX/2020 ( where it is stated that the delinquency incurred on my mortgage loan was in a serious situation and that I was not only putting in danger my credit rating but also could result in the loss of my home ) 16. Monthly Mortgage Statement dated XX/XX/2020 ( now with the amount of {$2500.00} ) 17. TMS letter XX/XX/2020 ( received on XX/XX/XXXX ) ( advising about an inspection of my property due to delinquency and making me responsible for payment of a fee for this service ) ( with a note from my handwriting with the details of the person with whom I had the phone call ) 18. TMS letter XX/XX/2020 XXXX my mortgage account was assigned to the Customer XXXX Department due to delinquency again ) 19. Monthly Mortgage XXXX dated XX/XX/2020 ( again with the amount of {$2500.00} ) 20. Copy of the Check # XXXX issued to TMS XX/XX/2020 ( for the amount of {$1200.00} corresponding to XXXX monthly payment and cashed by TMS ) 21. Monthly Mortgage Statement dated XX/XX/2020 ( with the changing amount of {$2500.00} ) 22. Monthly Mortgage Statement dated XX/XX/2020 ( with the again changing amount of {$2500.00} ) 23.  Screen capture copy of the TMS app home page on XX/XX/2020 XXXX reflecting the next amount to pay of {$1300.00} which include a {$41.00} late fees ) I AM NOT WILLING TO PAY NOR AM I GOING TO PAY 24.  Screen capture copy of the TMS app transaction history on XX/XX/2020 ( reflecting the accommodation of the payments made )