Consumer complaint received 2023-09-11
Company: CARDINAL FINANCIAL COMPANY, LIMITED PARTNERSHIP
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Trying to communicate with the company to fix an issue while managing or servicing your loan

Complaint:
This is in response to a vast multitude of complaints that have been filed against Cardinal since XXXX up to present this is in reference to the COVID CARES Act that was passed on XX/XX/XXXX and signed into law on XXXX XXXX. 

Per CFPB guidelines, under the statutory overview, point # XXXX states, No additional interest, fees, or penalties can be charged beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract. 

On XX/XX/XXXX an additional CFPB complaint was filed against this company due to Cardinal not allowing the amount that was placed in forbearance to be deferred, claiming I stated I was unable to pay, however, it was made clear that if the forbearance could not be extended, I would resume my payments and even as this was stated, a deferment was refused. 

On XX/XX/XXXX, in response to CFPB case # XXXX, I sent in a letter to this company, requesting that my escrows be removed from this loan, as my XXXX is XXXX 80 % and to place the amount that was placed in forbearance in deferment as my XX/XX/XXXX payment for principal and interest had been placed in the mail to them, therefore, resuming my monthly mortgage payments. ( Following the instructions given in the CFPB complaint referenced above. ) I received a letter from Cardinal today, dated XX/XX/XXXX stating that they will not remove the escrows from my account due to your loan has had payments 60 days or more delinquent over the past 24 months and that your loan has a negative escrow balance of {$4800.00}. 

Per the statutory overview, point # XXXX, my loan was to be treated as if all contractual payments were made on time and in full under the terms of the mortgage contract. However, Cardinal has my account showing as payments 60 days or more delinquent over the past 24 months. Additionally, a call was made to Cardinal on XX/XX/XXXX where I spoke with a representative that stated that my loan amount that was placed in forbearance was not eligible for deferment because I had not been with loss mitigations since XXXX of XXXX. 

I referred this representative to the CFPB correspondence I received advising that per the CFPB guidelines, if my payments were resumed, I would be eligible for the deferment. This rep proceeded to hang up on me and therefore, I sent an email to Cardinal to rectify this deferment issue along with the escrow issue. The response I received back was a letter that was dated XX/XX/XXXX regarding my escrows along with they will escalate this issue in regards to the deferment. Opening another CFPB case to refer legal counsel to for discriminate lending, in addition to the verbiage stating An originator that misleads a borrower concerning her rights under the CARES Act could, depending on the facts and circumstances, be at risk of committing a legal violation and causing consumer harm. 

Prior to entering the COVID forbearance, my account was current with all payments made on time. This COVID forbearance situation has not been treated according to federal legislature, thus causing consumer harm and legal violation as all of the information provided by this mortgage originator has been misleading from the moment the forbearance was entered into. I will be escalating all documentation received to legal counsel.

Company response to consumer: Closed with non-monetary relief