Consumer complaint received 2024-02-02
Company: Lennar Financial Services, LLC
State: FL
Product: Money transfer, virtual currency, or money service
Sub-product: Money order, traveler's check or cashier's check
Issue: Lost or stolen money order

Complaint:
In XX/XX/XXXX I went under contract for a property in XXXX XXXX XXXX XXXX My mortgage was denied within the contingency period which made me eligible for a refund. 

On XX/XX/XXXX, I signed up for usps informed delivery. Upon doing so, I realized that a mail from XXXX should have been delivered to me on XX/XX/XXXX. At this point, I had no confirmation that this was in fact the check. I opened a case with the Usps for lost mail. The post office eventually reached out to me and advised that they would be better able to assist me with the tracking number. They advised it would be best if I get the tracking number from the sender. 

On XX/XX/XXXX, I proceeded to contact my former sales rep XXXX XXXX being that thats the only contact I had for the builder side of XXXX and my actual contract. I asked if that could have been the check and he advised that more than likely it was. I asked if he could inquire about a tracking number so I could get more information from usps. I also asked if he could see about having the check stopped. He advised he would look into this and call me back. XXXX did not reach back out to me regarding this. 

Being that I am still in the market for a home I reached out to XXXX again on XX/XX/XXXX regarding a property. During this call, I asked for an update on the inquiry regarding the check. He advised me that he would need some additional time as well as a reminder from me after the new year being that most people were off. 

On XX/XX/XXXX I called and didnt get an answer. I proceeded to send a reminder about the check via text. XXXX returned my call and I verbally asked for an update on the check status i.e. tracking number, stop order or a contact number for the correct XXXX contact to speak to further about this. XXXX told me he would get back to me and did not. 

At this point, my realtor was in touch with another XXXX sales agent and I begged my realtor to see if she could get any information even if its just a contact for me to find out more information being that XXXX was not forthcoming. On XX/XX/XXXX, I was sent an image which the agent shared with my realtor, showing that the check was cashed on XX/XX/XXXX. This agent also provided my realtor with an image of the back of the check showing that a person printed my name for endorsement under which another name was printed. Along with this update, provided to me by my realtor, I was also told that XXXX advised that they will not be assisting me any further with this because the check was cashed. I do not quite understand that because I did not receive this check. The check was not signed by me. This check was not cashed by me. The check did not make it my mailbox. I have no idea whose name was written below my name on the image that XXXX shared. I have been desperately trying to get help with this situation for weeks. I struggled to get in touch with someone who could help or cared to help. If I call the XXXX XXXX numbers its for sales reps. When I call the division of XXXX XXXX numbers it directs me to the website if your issue is not that of an existing homeowner, issue for the title office or a homebuyer. I was only able to get your contact by calling a number for the XXXX XXXX and they put me through to XXXX XXXX customer care coordinator XXXX XXXX who was very helpful in providing me with XXXX email addresses. I eventually got a response from the XXXX XXXX vice president of finance who basically told me that I need to reach out to my bank or the bank that cashed the check. My bank has nothing to do with this because I never received a check to present to them. How will I know which bank a thief cashed/deposited a check to. XXXX mailed a check to me because Im contractually obligated to a refund. The check was not delivered to my address. How am I responsible for this? How is XXXX not responsible for getting in touch with their bank to report the fraud that has been committed against their account from which the funds were fraudulently drawn and reissue my refund per the contract? I even went to my local police station and they advised that being that we dont know who stole the check or where the check was stolen from the best recourse is for the sender to report fraud. 

XXXX is wrong and heartless in this matter. I went as far as call XXXXXXXX XXXX which is the issuing bank of their check and of course they can not help me because its not my account but when I explained what happened to them they advised that XXXX can open A fraud case with their bank and report the fraud that was committed against their account. XXXX finds it easier to just turn a blind eye than to do the right thing. I paid my deposit via bank transfer. They just to send the refund back via check unsecured and now I am out of {$850.00}. XXXX not an investor. I am someone looking for a home to shelter my child and myself. This is my hard earned money. I have spent hours pleading with these heartless people about. This has set me back tremendously in this process. I need my {$850.00} back.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation