Consumer complaint received 2021-02-15
Company: FBC MORTGAGE, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
XX/XX/XXXX This is a complaint against FBC Mortgage alleging discriminatory practices and criminal Intent to violate privacy. 
Dear Sir/Madam, I originated a loan for a cash-out refinance with FBC Mortgage in XX/XX/XXXX with the XXXX, Florida office. 
After a period of gross incompetence by the first loan originator and sales manager XXXX the file was transferred to XXXX XXXX, a second loan originator. 
The loan is now being processed by a second loan processor after the first, XXXX XXXX was told to relinquish work on the file. 
The loan progressed to the conditional approval where it was stuck for several weeks. 
Background : On XX/XX/XXXX I sent an email with an attachment containing an Internal Revenue Service document that confirmed acceptance of the electronic filing of my XXXX tax returns.to satisfy a condition stipulated by FBC Mortgage. This condition was a prerequisite for approval of a mortgage loan. I requested an acknowledgement of receipt of said document. Instead, I receive a response that did not acknowledge my email but expressed a blatant act of unauthorized use of a U.S. Government System by FBC Mortgage. 

Offense1 : UNAUTHORIZED USE OF A U.S GOVERNMENT SYSTEM The Get Refund Status on the IRS.gov website explicitly states : Unauthorized use of this system is prohibited and subject to criminal and civil penalties, including all penalties applicable to willful unauthorized access ( UNAX ) OR inspection of taxpayer records ( under 18.U.S.C. 1030 and 26 U.S.C 7231A and 7431 ). 
The regional underwriting manager ( referenced in FBC email ) at FBC directed an FBC employee ( XXXX XXXX ) to violate the law cited above and use my name ( XXXX XXXX ), my social security number, and other personal information to access my tax records at the U.S. Treasury Department without my authorization. 
The unnamed regional underwriting manager declared his/her intent to commit a criminal offense as outlined in the email below. 
On XX/XX/XXXX an email from FBC Mortgage ( XXXX XXXX ) stated : XXXX, as directed by the regional underwriting manager, I will check the wheres my refund status for a {$0.00} refund in the next few days, as it will take a couple days to register. I will keep you posted An email was sent to FBC on XX/XX/XXXX seeking clarification of the intent to access my IRS records without authorization from me. There was no response from FBC. 

Offense 2 : Violation of Privacy Social Security Administration : The regional underwriting manager directed XXXX XXXX XXXX to gain access to my personal record and that of a minor child at the Social Security Administration ( SSA ) without my authorization XXXX XXXX called the Social Security Administration and provided in XX/XX/XXXX and used my name ( XXXX XXXX ), social security number, and other personal information and the information of a minor, XXXX XXXX to gather, review or otherwise access information about my social security payments. 
I did not authorize FBC Mortgage ( verbal or written ) personnel to access or attempt to access my file at the SSA. 

And more importantly, I did not authorize FBC to access information at the SSA about a minor. 
Social Security Award documents were already provided to XXXX XXXX two months prior. It was only after the agent at the Social Security Administration refuse to provide my personal financial information to XXXX XXXX that he contacted me to join a three-way call where he listened in to my answers to my security questions to verify my identity during the call- clear violations of ethical practice and an invasion of privacy. 

Offense 3 : On XX/XX/XXXX FBC transmitted an email to me with a list of 5 documents required for final approval for the loan. 
Item # 5 on the list requested 60 days of bank statements for all checking/savings accounts ( estimated ( $ XXXX total ). This request was highly irregular because it was not consistent with guidelines for reserves. Guidelines for reserves require two months of reserve funds. The above request required twenty times the amount indicated in lending guidelines. 
This appeared to be a deliberate attempt to thwart the approval of the loan. 

Violation of guidelines : An amended XXXX tax return was submitted to FBC in XXXX. 
The regional underwriting manager refused to accept the amended tax returns without providing lending guidelines to support the decision. 
Subsequently, FBC accepted XXXX tax returns ( unamended ) with similar rental income figures. 

Disturbing Patterns-Disclosure violations : Several attempts were made by me, XXXX XXXX, ascertain the final condition of the loan that needed to be satisfied to gain final approval. 
FBC has deliberately refused to provide a written requirement ( condition/stipulation ) to move the loan to the final approval stage. 
I left two messages with the Regional Sales Manager, XXXX XXXX but I did not receive a response. 

On XX/XX/XXXX, I spoke with XXXX XXXX and requested the additional information to satisfy the conditions of the file be provided to me in writing by XXXX XXXX. The information was not received. 

On XX/XX/XXXX I spoke with sales manager, XXXX XXXX who stated that there was only one condition that was required to be satisfied. He stated that FBC needed proof that XXXX tax returns were filed. He reiterated that proof of XXXX tax filing was the only condition left to be satisfied. He too failed to provide a written request of that condition required for final approval. Subsequent calls to XXXX XXXX met with no response even after leaving messages. 

On XX/XX/XXXX, I spoke with XXXX XXXX who had originally promised to provide a written account of the additional information ( required condition ) but failed to do so. 
Some information was disclosed after I threatened to file a complaint. 
Non-Compliance : Without the outstanding condition/s being satisfied the loan will never close. The outstanding condition will not be satisfied for underwriting to approve the loan because FBC refuses to disclose in writing what additional information ( condition/s ) must be satisfied to gain final approval. 

To compound the problem, FBC removed the file from the processor XXXX XXXX and left it without a processor to work on the file for approximately two weeks.

Discrimination : The loan has been I process for five months with to two loan processors ( XXXX XXXX, XXXX XXXX ) and two loan originators ( XXXX XXXX, XXXX ). Yet the loan is still not approved. 
I do not believe that mere incompetence or inadvertence accounts for the violations outlined. The actions or lack thereof by personnel at FBC Mortgage are indicative of a more systemic problem of discrimination based on race, age, and national origin.

Resolution : FBC Mortgage must cease and desist from persistent violations of privacy rights. 
FBC Mortgage must provide appropriate feedback in a timely manner to facilitate approval. 
FBC must provide written assurance that the discriminatory practices applied to my file will cease immediately. 

I await your response to this serious complaint. 


Sincerely yours, XXXX XXXX CC : Florida Department of Financial Regulations

Company response to consumer: Closed with explanation