Consumer complaint received 2018-06-08
Company: Servis One, Inc., Titusville, PA Branch
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This complaint references previously started XXXX loan number XXXX, for XXXX XXXX. The residence address is XXXX XXXX XXXX XXXX XXXX PA XXXX. The CFPB complaint number was XXXX. 

1. This mortgage started with XXXX. At a short time afterwards I fell behind and filed for bankruptcy protection. The loan was eventually sold to XXXX, Then XXXX XXXX, then to XXXX in XXXX, the current mortgage holder. Bankruptcy payments to the trustee each month for 60 months totaled {$41000.00} sent directly by the trustee for mortgage purposes. I want XXXX to account for where this money was applied in full. XXXX, when it purchased this loan, bought its history ( good and bad ) as well. No company would buy a mortgage that they couldn't verify correct amounts owed thru past records. XXXX has previously stated they " can not speak to the actions of the prior servicer ''. XXXX has access to records of this, and I have every email and chart from my bankruptcy attorney for 5 years regarding this. I'm asking because I'm still looking for the destination of {$41000.00} sent from the trustee specifically to the mortgage company. Where did it go? In full. 

2. Escrow is still a mess. XXXX is still asking for an " escrow short payment '' of an additional {$430.00} per month on top of the monthly {$600.00} set aside in each payment for escrow. Since the loan is now understood to be current as of XX/XX/XXXX, only 24 months ago ... and I possess bank confirmation of every single monthly payment in full ( and on time ) for every month but one ( XX/XX/XXXX ), how can escrow be short anymore than appx. {$600.00} total. Am I not correct in stating that escrow is only for taxes, and insurance? Specifically what, other than school and real estate taxes, and home insurance, has been paid or charged to escrow? Again, I was in bankruptcy protection. 

In an escrow statement from XXXX XXXX dated XXXX, escrow was listed as having {$16000.00}. They listed a " required amount '' as {$4100.00}. That means that only 17 months ago, escrow was OVERFUNDED by {$11000.00}. Since that time escrow has received monthly dispersements of over {$600.00} per month from monthly mortgage payments. Thats roughly {$10000.00} ( plus 2 months where I have now paid an additional {$430.00} ) plus the amount pf overfunding totals just shy of {$24000.00}. XXXX has correctly listed needed escrow monthly at {$600.00}. At that rate, escrow currently would have been funded in whole for XXXX, XXXX and XXXX ... and then some. Clearly money is being misappropriated out of escrow for other purposes. Rather than sending charts, I want a full accounting of specifically where every single dollar was paid out of escrow and for what purpose since the date of the XXXX XXXX XXXX Statement. Again, taxes and insurance only total a little over XXXX XXXX  a year. XXXX has $ XXXX to explain the whereabouts. 

4. My bankruptcy attorney and I have been asking for 18 months for a proper accounting of monies paid in vs amounts credited for the calendar year XXXX. Simply put, including the bulk payment made of {$27000.00} plus all 11 monthly mortgage payments made in XXXX, I have proof of payment for {$61000.00}. Mortgage reduction, taxes paid and interest paid only amount to {$51000.00}. Since XX/XX/XXXX, about the same time as XXXX entered the picture, we have been asking where is the missing {$10000.00}? Please account for this. If it is in the records for XXXX XXXX, then please obtain it from history. XXXX has access to this history ... they would not have bought the loan without it. 

5. All monthly fees ( at least 3 separate {$1300.00} fees, plus a {$500.00} BKY fee, plus $ XXXX late fees ) need to be reversed immediately. Many of these fees were assessed in bankruptcy, and all were assessed with the incorrect assumption that we were behind. We very well may not be behind at all, and may be in the back re current. XXXX continues to ignore this request and skips over it each time they reply. 

6. Since XXXX now agrees per their apology of XXXX that " the total amount due was incorrect due to our system not being updated properly to reflect the bankruptcy filing '' we still need the following. After explaining in full each of the questions from above, a new " total amount needed '' in full ( with date ) to bring this matter to a close. There is no way that the loan is still 3 months behind since I have payment in full confirmation from every month ( sans one ), starting from Spring XXXX. Based on # 2 above, there actually may not be any additional amount due, once all fees are deleted that have been randomly assesses without checking into the facts / history of this loan. We need a new total, with date, so this process can be brought to a conclusion.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation