Consumer complaint received 2021-11-15
Company: Dovenmuehle Mortgage, Inc.
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I am writing this letter to file an official complaint against my Mortgage Company, Dovenmuehle. In the last week of XX/XX/XXXX, I contacted Dovenmuehle, D.B.A. XX/XX/XXXX, to request a COVID19 Forbearance under the Cares Act. The agent I spoke to explained that I qualified for the COVID19 Forbearance and advised that she submit my COVID19 Forbearance request. I never received confirmation from XX/XX/XXXX that my request was approved. I called the Loss Mitigation Department and confirmed the COVID19 Forbearance had begun effective XX/XX/XXXX. However, it was after the XXXX payment due date, and I'd already made my XXXX payment, so my first payment missed under the COVID19 Forbearance was in XX/XX/XXXX. 
On XX/XX/XXXX, I contacted XXXX XXXX. I spoke to XXXX in loss mitigation. XXXX advised me that my COVID19 Forbearance had been extended until XX/XX/XXXX, an extra two months and that I would resume making payments in XX/XX/XXXX, or I could request an extension. XXXX further explained that once I resumed making monthly mortgage payments, the amounts I accrued during the COVID19 Forbearance would be added to the back of my loan without penalty or interest. 

On XX/XX/XXXX, I contacted XXXX XXXXk to confirm my understanding of the conversation I'd had with XXXX on XX/XX/XXXX. I spoke to XXXX in loss mitigation. XXXX confirmed my understanding was correct in that because My loan is an F.H.A. mortgage, any amounts owed/accrued during the time I was on the COVID19 Forbearance would be added to the back of my loan. XXXX further explained that no further action was needed from me ; I was to resume making payments in XX/XX/XXXX or request an extension under the COVID19 Cares Act Guidelines. 

The next time I contacted XXXX XXXX, was also the latter part of XX/XX/XXXX. I'd received a letter that stated that due to an escrow shortage, XXXX XXXX had conducted an escrow analysis on XX/XX/XXXX. As a result of the escrow shortage, my payment would increase from {$1300.00} to {$1800.00} starting XX/XX/XXXX. 

On XX/XX/XXXX, I resumed making my payments to XXXX XXXX. The agent who took my XXXX mortgage payment informed me that she would submit a request for the Partial Claim Option for repayment under the Cares Act. I would receive paperwork to return to XXXX XXXX that I would need to sign, notarize and return. The agent further explained that XXXX XXXX would submit a partial claim request to H.U.D. on my behalf to cover the months that I'd taken the COVID19 Forbearance once I completed documents and returned them to XXXX XXXX. 
A few days later, I received written correspondence from Dovenmuehle, D.B.A. XXXX XXXX, that stated the following - see attached letter dated XX/XX/XXXX. " You have successfully completed the forbearance plan. At this point, we need to evaluate the best way to establish an affordable payment and bring your loan current. Please complete all pages of the attached Assistance Options Application and return with copies of the documents listed. Since the delinquency on your loan was related to a National Emergency or Disaster Declaration, you will not be required to provide documentation related to the hardship that led to default. It is important that you address this matter promptly. Failure to reply with the appropriate document within 15 days could lead to further collection activity, including foreclosure. '' Per the Mortgagee Letter ( XXXX ) from H.U.D. - see attached, the mortgage must offer a Borrower a COVID-19 Forbearance who is experiencing a financial hardship negatively impacting their ability to make on-time mortgage payments due to COVID-19 and makes a request for a COVID19-Forbearance. The letter further explains that all FHA-insured borrowers are eligible for the COVID-19 Forbearance, regardless of the delinquency status of the mortgage. In addition, the letter further outlines the COVID-19 Home Retention Options for reinstating the Mortgage for Borrowers who are able to resume monthly or modified mortgage payments. The letter also states that eligible borrowers may receive more than one COVID-19 Home Retention Offer and the Partial. The letter provides the following information regarding repayment : The Servicer must evaluate the borrower for the COVID-19 Home Retention Options in the following order : OWNER-OCCUPANT BORROWERS COVID-19 Advance Loan Modification ( must be reviewed no later than XX/XX/XXXX ) A COVID-19 ALM is a permanent change in one or more terms of a Borrower 's Mortgage that achieves a minimum 25 percent reduction to the Borrower 's monthly Principal & Interest ( P & I ) payment that does not require Borrower contact. 

COVID-19 Standalone Partial Claim A Partial Claim is a no-interest subordinate lien secured by the property, which is used to pay the balance owed for the suspended mortgage payments. No payments are due on the COVID-19 Standalone Partial Claim until the payoff, maturity, or acceleration of the FHA-insured mortgage , including the sale of the property, a refinance, or the termination of F.H.A. insurance on the mortgage. 

COVID-19 Owner-Occupant Loan Modification A COVID-19 Owner-Occupant Loan Modification may be used to modify the rate and term of the mortgage. 

COVID-19 Combination Partial Claim and Loan Modification ( Non-FHA-HAMP ) Mortgages that can not be reinstated by a COVID-19 Standalone Partial Claim or COVID-19 Owner-Occupant Loan Modification may be able to be reinstated through the COVID-19 Combination Partial Claim and Loan Modification option.

COVID-19 FHA Home Affordable Modification Program ( FHA-HAMP ) Combination Loan Modification and Partial Claim with Reduced Documentation Borrowers may provide income documentation to be reviewed for an affordable monthly payment under a COVID-19 FHA-HAMP Combination Loan Modification and Partial Claim with Reduced Documentation, which may include a principal deferment. 

The letter I received from Dovenmuehle dated XX/XX/XXXX did not offer any of the options outlined in the Mortgagee Letter ( XXXX ) from H.U.D. In addition, I'd already submitted my request for the partial claim option with XXXX, the loss mitigation rep I talked to in XXXX. I waited approximately four weeks to receive the partial claim documents, at which time I called XXXX XXXX and spoke to their loss mitigation team to advise them that I had not received the partial claim paperwork. I explained to them that instead of receiving partial claim documents, I received documents that indicated I was getting a partial claim and loan modification together instead of the partial claim-only option that I'd requested. Each time I received the loan modification package, I contacted the loss mitigation team to find out why I continued to receive the loan modification package. 

Here are the details of the multiple calls I've made to XXXX XXXX regarding this issue : XX/XX/XXXX ( XXXX XXXX ), I spoke to XXXX in Loss Mitigation. XXXX advised that the partial claim amount was {$14000.00}. She further advised that I qualified for the outstanding balance to be deferred to the end of my loan. She further explained that I would receive the partial claim paperwork to sign, notarize and return to XXXX XXXX. 

XX/XX/XXXX, I called again because I received had received ANOTHER set of loan modification documents. XXXX confirmed that the partial claim request had been submitted on XX/XX/XXXX but not processed. She explained that the delay was due to the company receiving so many partial claim requests. XXXX advised me to ignore the loan modification package and that H.U.D. would pay the amount to XXXX XXXX on my behalf until I sell or refinance my home. XXXX also advised that she had re-coded my account for a partial claim because my account had not been coded correctly. XXXX advised me to wait another 4-6 weeks for the partial claim paperwork due to corrections to the code that she'd just made on my account. 

XX/XX/XXXX I spoke to XXXX in Loss Mitigation, and I advised the agent that I hadn't received the partial claim paperwork. XXXX confirmed the date of my partial claim request on XX/XX/XXXX and XX/XX/XXXX. XXXX advised me that she would send a follow-up request to her supervisor regarding my partial claim request and to inform the supervisor that I had not received the partial claim paperwork and that I'd receive a callback within 24-48 hours. 

XX/XX/XXXX, I spoke to XXXX is loss mitigation. XXXX advised me that my loan was in the rears when I started the COVID19 Forbearance and that any amounts in the rears before I started the COVID19 Forbearance would not be included in the partial claim amount. I advised XXXX that my account had not been in the rears when I began the COVID19 Forbearance and that the information was incorrect. XXXX put me on hold for approximately 10 minutes, then advised me that I would need to speak to customer service because my payments were not posted to my account correctly. In customer service, I talked to XXXX. XXXX confirmed what I already knew, and she confirmed my account was current, and I had XXXX past-due. XXXX further explained that loss mitigation, for some reason, showed me past-due and bankruptcy shows me as current. XXXX advised me to speak with bankruptcy because she couldn't help me. XXXX transferred me to bankruptcy, and I talked with XXXX. XXXX advised me that I needed to go back to loss mitigation ( where I'd started ). XXXX transferred me BACK to loss mitigation, and XXXX picked up. XXXX advised me that I needed to complete the loss mitigation paperwork if I wanted a modification to reduce my interest rate or opt for the partial claim-only option ( As if I had not already requested the option ). Today, my call was to find out why I had not received the partial claim documents- to which I never received an answer. XXXX also stated that she would notify the specialist and that I'd receive a callback within 24-48 hours. 

XX/XX/XXXX, Still no receipt of paperwork, so I called loss mitigation again, and I talked with XXXX. I advised XXXX that I had not received the partial claim documents but only the loan modification documents. As the others had, XXXX instructed me not to complete any paperwork because she would submit ANOTHER partial claim request, and the partial claim documents that I needed to sign and notarize would be mailed out to me. XXXX also explained that IF I had returned the loan modification documents to XXXX, my partial claim request would be automatically denied because I could only have one option to repay the payments I missed during the COVID19 Forbearance. XXXX also stated that she would notify the specialist and that I'd receive a callback within 24-48 hours. 

XX/XX/XXXX, I'd contacted XXXX XXXX once again because I had not received the partial claim documents. The agent I spoke to advised that a specialist, XXXX, would review my account and requested that I send XXXX a fax and/or email explaining my issues and that I'd receive a callback within 24-48 hours. 

XX/XX/XXXX, I called the bankruptcy department to confirm that XXXX had received my email/fax explaining the issues with my account. XXXX also advised that there were no updates, as of yet, from XXXX and that my email/fax had been received. XXXX also informed me that my account had been removed from loss mitigation and that I needed to speak with them regarding removing my account from their team. She transferred me to XXXX 's voicemail - I left a message. I called back to talk with someone from loss mitigation. I spoke to XXXX. XXXX advised me that I needed to speak with bankruptcy - even after I explained that I had already talked to XXXX in bankruptcy earlier that day. Somehow the call was disconnected, so I called back AGAIN. This time I spoke with XXXX in loss mitigation. I explained the situation, and XXXX advised me that I would need to complete the loan modification package because my account was delinquent before I started the COVID19 Forbearance. I explained to XXXX that my account had NOT been delinquent before I took the COVID19 Forbearance. XXXX asked me when I began the COVID19 Forbearance, and I advised her I'd started in XXXX and further explained that I was not aware that it was approved until after I'd already made my XXXX payment. XXXX put me on hold and committed to " getting to the bottom '' of the issue. XXXX came back to the line and stated that XXXX confirmed the account was delinquent before taking the COVID19 Forbearance. I asked if I could speak with XXXX, and XXXX advised me that he could not talk with me because they had over a million customers waiting to be served. I then asked XXXX if XXXX could provide the dates my account showed as delinquent since he was looking at it. I could provide proof of payment because I have not missed ANY payments outside of the COVID19 Forbearance and my Chapter XXXX Bankruptcy filing in XX/XX/XXXX. XXXX stated that she would mail me a loss mitigation application to be considered for the partial claim option. 
I spoke to XXXX the next time I called XXXX XX/XX/XXXX ( not sure of the date ). I asked XXXX if any specialists or supervisors had made updates to my account. XXXX did not have any updates to report. I explained the entire situation to XXXX, and he suggested that I email/fax XXXX in loss mitigation again. XXXX reviewed my account thoroughly, it seemed. XXXX attempted to explain what he felt had happened, which was as follows : XXXX rattled something about ledger dates and contractual dates not matching. XXXX then transferred me to XXXX, another agent in lost mitigation. XXXX explained that XXXX had filed a motion on XX/XX/XXXX. XXXX further explained that she could not see the details of the motion. I explained the entire situation, and she engaged XXXX, her supervisor, who told her that she would go directly to the specialist ( Mr. XXXX, I believe ) to request approval for the partial claim request. XXXX advised that she would call me back in 24-48 hours with an update. 

XX/XX/XXXX, I spoke with XXXX in loss mitigation. I asked for a status on the partial claim request that supervisor XXXX had committed to requesting directly from the specialist. XXXX asked if I'd received a callback- I advised her that I had not. XXXX messaged her supervisor XXXX. XXXX was unavailable to speak with me but committed to calling me back once someone named XXXX. According to XXXX, XXXX was a team lead and was scheduled to start work at XXXX XXXX. XXXX also advised that XXXX XXXX was not in when I asked if he could speak with me. XXXX advised me that XXXX would take the call, but I was transferred to XXXX, who says she was a supervisor. XXXX committed to speaking with the underwriter and committed to calling me back on Thursday or Friday. 

XX/XX/XXXX, At this time, I still have not received a return call from anyone from XXXX. I called XXXX XXXX once again and spoke with XXXX in loss mitigation. I advised XXXX that I still had not received the partial claim documents. XXXX informed me that my partial claim was approved on XX/XX/XXXX and that I would receive the documents to sign and notarize in 4-6 These same issues have continued through today. I've talked to agents from loss mitigation on XX/XX/XXXX, XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XXXX, XXXX. I finally got tired of calling and calling, so I emailed and faxed " Qualified Written Requests on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. My attorney and XXXX XXXX XXXX attorney had a hearing with my bankruptcy trustee in XXXX, at which time the trustee approved the partial claim option. I did not receive the actual partial claims documents to sign and notarize until the latter part of XXXX from my attorney via email, which I promptly returned to XXXX XXXX The partial claim documents instructed that I return them 30-days from the date of the letter, at which time had already passed. I contacted XXXX XXXX and my attorney because the due date had long expired, and loss mitigation advised me to sign, notarize and return the documents anyway, and they'd make an exception. I explained that the partial claim amount was incorrect. I mailed the signed, notarized documents back to XXXX XXXX on XX/XX/XXXX, which again was done per the direction of XXXX XXXX XXXX loss mitigation team, who assured me they were aware of the issue with the calculations and advised me everything would be corrected once the partial claim documents were received. 

XXXX XXXX  did not confirm receipt of the documents until almost a month later, on or around XX/XX/XXXX. I've spoken to several loss mitigation reps, and I've gotten so many discrepancies in the information I've received from XXXX XXXX that I don't know what is correct or incorrect. One agent told me the loss mitigation paperwork is with D.L.S., an outside company that XXXX XXXX pays to conduct COVID19 partial claim calculations. 
XXXX Bank informed me today ( XXXX/XXXX/XXXX ) that my account is no longer in loss mitigation because I did not agree to the terms of the partial claim calculations, which were incorrect. I explained that I'd returned the signed, notarized documents as directed by XXXX mitigation. The partial claim amount is double the amount that I should have to pay back for the time I was on the COVID19 Forbearance. I was on the XXXX Forbearance plan for a total of 8 months ( from XX/XX/XXXX through XX/XX/XXXX ), excluding the payment I made in XXXX, before receiving notification from XXXX that my COVID19 Forbearance was approved. I don't know what else to do. I've tried my best to work with XXXX/Dovenmuehle to resolve this issue, and it's just not happening. They've committed that the specialist would return my calls, and they never do. 

The first response I received from XXXX XXXX regarding my request for an explanation of the COVID19 partial claim calculations/loan modification was received on XX/XX/XXXX. The letter XXXX Bank lists XX/XX/XXXX through XX/XX/XXXX as the dates I was on the XXXX Forbearance, which is incorrect. The dates I was on the XXXX Forbearance were XXXX through XX/XX/XXXX. The letter further explains, in another section, that the dates I was on the COVID19 Forbearance were for a total of 12 months. In bullet 3 of the letter, it says that when I resumed my mortgage payments in XXXX of XXXX, that payment was applied to my XX/XX/XXXX ( the last unpaid month on my account ). However, I have proof of the payment I made on XX/XX/XXXX. It further explains that each payment after my XXXX payment has been applied to the next unpaid month ( which again, before taking the COVID19 Forbearance, the only payment I missed was in XX/XX/XXXX because that payment was included in my Chapter XXXX Bankruptcy filing ) .The letter also says that when the partial claim documents were drawn up, my account was contractually due for XX/XX/XXXX. Therefore, the partial claim amounts would have included 12 months from XX/XX/XXXX to XX/XX/XXXX plus two additional months to allow for processing time ( when again my COVID19 forbearance period started in XXXX/XX/XX/XXXX through XX/XX/XXXX ) which is a total of 14 months. The letter further explained that these figures were from a new account with new dates since the previous partial claim documents had expired. Even though the documents expired because XXXX XXXX did not send them to my attorney or me until XX/XX/XXXX, therefore they did NOT provide the documents promptly ; DESPITE the multiple calls, emails and faxes I've made to them advising that I hadn't received partial claim documents. Despite the fact that the first correspondence I received from XXXX regarding my repayment options dated XX/XX/XXXX did not explain the available home retention options available under the Cares Act - but instead the letter from XXXX XXXX stated that they would evaluate my account for the best repayment option, once I returned the informational packet. Then further explained that a national disaster had occurred, so NO additional documentation was not needed ( in the same letter, a highly confusing contradiction ) .I responded to XXXX XXXX regarding their explanation letter via phone call to loss mitigation. I also emailed and faxed XX/XX/XXXX with questions because the explanation still did not make sense. XXXX responded to my XX/XX/XXXX email, fax, and phone call on XXXX-see attached letter. This time XXXX XXXX '' s loss mitigation team explained that when I resumed my monthly payments in XX/XX/XXXX, the payment was applied to my last unpaid month, XX/XX/XXXX, because that was the last unpaid month when the partial claim documents were drawn up. What happened to the first set of partial claim documents they claimed were sent out in XXXX but never received by my attorney or me? 

I don't know what else to do to get this issue resolved. I've tried everything. At the end of the day, I have to pay this amount back eventually. I feel like Dovenmuehle/XXXX XXXX is using these irresponsive/confusing practices to maximize their profits, with the assistance of H.U.D., to benefit from the financial tragedies of their borrowers. The new case/calculations, as they explained, occurred because the partial claim documents they never sent expired. Also, the loan modification package that they emailed had terms that increased my monthly payment and increased my original loan maturity date from XXXX to XXXX, which they instructed me to ignore/not complete on several occasions. I want the partial claim documents to reflect the correct calculations. 

I'd also like to know if mortgage payments are suspended during the COVID19 Forbearance period and those payments that were due during that period are moved to the end of the loan - how is it possible that when I resumed making payments in XX/XX/XXXX, the payments were applied to the months I'd already paid ( starting in XX/XX/XXXX ) before taking the COVID19 Forbearance, as well as the months my payments were suspended while on the COVID forbearance? I emailed/faxed XXXX XXXX on XX/XX/XXXX. I don't believe that it is my fault that they did not provide the partial claim documents promptly, and I should not be penalized for increasing the amount of my Qualified Written Request Re : Account # XXXX XXXX I've contacted the Loss Mitigation Department 8 times since I mailed back the Partial Claim documents that I received via email from my attorney. Each time I've called, I've been told that you have not received the documents. The last time I called Loss Mitigation, I was asked what address I used to mail the paperwork back, which I advised was the address on the paperwork. The Loss Mitigation rep informed me that you have several locations and needed to provide the exact address. I advised the representative to mail the packet to XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, Texas XXXX XXXX Today, I informed the rep that the last representative I spoke to on XX/XX/XXXX advised me that the person assigned to my file, Mr. XXXX, would contact that department to obtain the paperwork and call me back within 24-48 hours to confirm. It has been over a week since that conversation, and I have yet to receive a response. Today, I spoke to another rep in Loss Mitigation XXXX., and she asked me for the tracking number for the receipt of delivery of the partial claim documents and verified the documents were delivered on XX/XX/XXXX on the United States Postal Service website. She advised me that she would email Mr. XXXX and once again request that he call me back. I explained to her that I'd already done that about five times today, and I wanted to speak with him or a supervisor today. She says she messaged her supervisor, and the supervisor advised her to advise me that it takes a couple of weeks for the documents to get uploaded. I explained to her that I just needed confirmation from XXXX. XXXX that XXXX XXXX had received the papers. The rep then says that XXXX XXXX left notes on my account yesterday at XXXX XXXX that says per the XXXX XXXX XXXX, the borrower ( me ) did not return the partial claim documents. I never received a call back from anyone. This situation is beyond ridiculous. First of all, I've called about a million times ( which I've documented ) advising you that I never received the forms to notarize and complete. Then finally, I got the papers from my attorney via email, and your Loss Mitigation team advised me to send them in, notarized which I did. I sent them certified with receipt of delivery. Now you're saying that you never received the documents when I have certified proof from the United States Postal Service that you did??? What type of game is your company playing? What is more disturbing is that I received an entire new loss mitigation package from XXXX XXXX today, which is surprising since you couldn't mail me the partial claim documents directly per your loss mitigation team. End Also, if the {$21000.00} is accurate, why would XXXX request H.U.D. to pay that amount when it is a calculation of the increased payment amount due to the escrow shortage on my behalf and increase my payment to {$1800.00} to cover the XXXX escrow shortage beginning in XXXX? And B.T.W. according to the XX/XX/XXXX dated correspondence received from XXXX XXXX XXXX loss mitigation default team, the negative amount in my XXXX escrow account is only short {$890.00}, as a result of the extra {$300.00} I've made on top of my regular mortgage payments for a total of six payments that I've made since XXXX this year. 

I responded back to XXXX XXXX regarding their explanation letter via phone call to loss mitigation. I also sent an email and fax on XX/XX/XXXX with questions because the explanation still did not make sense. 


XXXX back responded to my XX/XX/XXXX email, fax and phone call on XXXX-see attached letter. This time XXXX XXXX loss mitigation team explained that when I resumed my monthly payments in XX/XX/XXXX, the payment was applied to my last unpaid month, XX/XX/XXXX because that was the last unpaid month when the partial claim documents were drawn up. I need a written explanation of why the first partial claim documents that your company says was sent out ( see specific details of my calls to loss mitigation above ) in XXXX expired and why I never received them? 

Why are you submitting a partial claim amount to HUD for 14 months, starting in XX/XX/XXXX, when my partial claim did not end until XX/XX/XXXX. 

Please confirm the dates of my COVID19 Forbearance and provide a detailed explanation of why the partial claim documents were drawn up in XXXX while I was still in the COVID19 Forbearance. 

Also, youve changed the information provided in the last response dated XX/XX/XXXX in your response dated XX/XX/XXXX saying that my first payment made AFTER the COVID19 Forbearance was applied to my last unpaid month in XX/XX/XXXX- please explain what happened to the payment I made on XX/XX/XXXX. 

Also, in your response dated XX/XX/XXXX you stated there were attachments with your response and there are none- please provide. Lastly, what months/year will the partial claim amount be applied to? I only missed 8 months of payments, plus Ive paid my mortgage every month this year. Please provide a detailed breakdown of how the partial claim amount of {$21000.00} will be applied to my mortgage and for which months/years, as well as a breakdown of my XXXX payments and how each month, XXXX through XX/XX/XXXX, will be applied to my account. And before doing so, please review my payment ledger/record so you dont provide more incorrect information regarding my last unpaid month prior to taking to COVID19 Forbearance.

Your company is in violation of the RESPA ordinance and I am requesting a detailed explanation as to why your company did not respond, per the RESPA guidelines to my numerous emails/letters/faxes.

Company response to consumer: Closed with explanation