Consumer complaint received 2022-02-21
Company: AMERISAVE MORTGAGE CORPORATION
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I refinanced my house with AmeriSave, ( A.S. ). AmeriSave lost the closing document before they scanned it. AmeriSave asked me to submit a new application and get a new appraisal for the house. I refused, then A.S. Agreed with me that a new application wasnt needed. Then AmeriSave asked me to re-sign the original closing document. I asked what would happen if/when the original document resurfaced? They didn't provide a good answer. I asked them to pay for my attorney to review the new closing document to ensure that I will not be held responsible for more than one loan. They refused. now they are suing me to compel me to sign and for their legal fees. I made and I continue to make the monthly mortgage payments on time AmeriSave, ( A.S. ) funded the new loan. XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX my previous mortgage banks received their money and sent me lien releases I received two cash-out checks from AmeriSave as I requested I deposited the two checks into my XXXX  account Days later the two checks were canceled by A.S. 
XXXX  back-charged me a fee for Canceled/ returned checks from A.S.

Weeks later A.S. Called me and asked me to instruct XXXXXXXX XXXX XXXX XXXXXXXX to reverse the payoff payments. I refused because they didnt give me a good reason to do so Then A.S. wanted me to submit a complete new application along with a new appraisal I asked why? A.S. stated that my application was too old and things might have changed. I stated everything was still the same, no changes, and refused to submit a new application. I was afraid I will be stuck with two loans.

Then A.S. agreed with me that I didnt need to re-submit a new application again A.S. changed their representatives handling my loan several times. I had to explain the status of my loan to every new representative. I felt A.S. should bring the new representative up to date on my loan before the representative called me.

A.S. asked me to re-sign the closing document I kept asking the same and the only question, what would happen if I sign a new closing document and then the original closing document resurfaced?

No one provided a good answer to this question I ask for assurances that I will not be responsible for two loans but now one made this written assurance I agreed to sign the closing document but I wanted A.S. to pay my attorneys fees to ensure that I will not be stuck with two loans AmeriSave & XX/XX/XXXX Title refused to pay for my attorneys fees I never denied that I owe A.S. the loan amount I made and I continue to make all mortgage payments on time They made several sequential mistakes. They didnt scan the signed documents in XXXX XXXX in XXXX XXXX 
This is negligence and deception not omission or error in the closing document Now A.S. & XX/XX/XXXX title are suing me to compel me to sign the closing document and they are suing me to recover their legal fees Their attorney was the first individual to write, in an email, assurances to nullify the original closing documents He sent me an email notifying me of the lawsuit.

I wrote him back and said there is no need for the lawsuit because I am not denying the loan and I will sign a new closing document after he adds the written assurances that I will not be responsible for two loans He still went ahead and served me the legal notice XX/XX/XXXX I asked him for a draft of the revised closing document that he is proposing. I havent heard back from him Below is a copy of my XX/XX/XXXX e-mail to : XXXX XXXX XXXX XXXXXXXX XXXX XXXX | Attorney, XXXX XXXX XXXX | Legal Assistant, XXXX XXXX XXXX, XXXX XXXX AmeriSave, XXXX XXXX, I have consulted with another attorney. He advised me to include a language in the new closing document to nullify and void the original document and state this new closing document replaces the original closing document ( state the date ) You can't produce a document with my signature You didn't scan the signed the closing document not in XXXX and not in XXXX This is not " Error & Omission '' this is sloppy work Yes, I wanted AmeriSave to compensate me for the trouble they are putting me through because of their mistakes but I can't make you provide customer service, I am not expecting you to compensate me. Yes, I am not expecting you to do the right thing You need to send me a copy of your proposed closing document to review before scheduling a date and time to sign You are not helping yourself in dragging me to court. I don't want to go to court. I never denied the loan. ( I can't deny the loan ) I have been making the monthly payments This is the second time I am asking you, XXXX, to send me the revised closing document and you are being non-responsive You need to stop making it more difficult on me You need to stop costing me money You need to stop making me pay for your mistakes, this is not right Attached are the bullet-points of what has happened in this refinance nightmare. Let me know if you disagree with thing I mentioned in the attached document Signed, XXXX XXXX End of email XX/XX/XXXX I still havent received a response for the above email. 

P.S. 

I called A.S. rep. XXXX XXXX, XXXX. XXXX, several times but he didnt return my calls. I felt he was non-responsive. 
XX/XX/XXXX I called A.S. headquarter. I asked for XXXX XXXX. The receptionist said he was unavailable and she would have someone else call me back. I asked when should I expect a call back? She said within 24 hrs. 
XX/XX/XXXX I received a missed call from A. S. The rep left me a message. It was XXXX from the Debt collection department XXXX option # 4.

This is typical of A.S. on loan. Now I have to bring XXXX up to date on my loan. My loan is not in default. I made and I continue to make all mortgage payments on time I never denied the loan.

I told the plaintiffs attorney he doesnt need to take me to court. I will sign a new closing document after I review it to ensure that I will not be responsible for two loans

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation