Consumer complaint received 2020-12-22
Company: Freedom Mortgage Company
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I had my mortgage with Freedom Mortgage and I refinanced with another lender in XX/XX/2020. Freedom Mortgage received the funds to pay off the mortgage on XX/XX/2020. I have funds in the escrow account with Freedom Mortgage that was supposed to be returned to me but that hasn't happened as of XX/XX/2020. I have called their customer service number multiple times regarding the return of my own money but it hasn't been successful. Freedom Mortgage is keeping my own money from me in a time where I need it the most. Due to COVID 19 my household has been relying on my single paycheck since XX/XX/2020. 

The first time I called inquiring about the return of the escrow was on XX/XX/2020. The representative told me they issued a check via mail on XX/XX/XXXX. I accepted the resolution at that time and waited. I called again on XX/XX/XXXX because I did not receive the check and I was counting on those funds in order to help with the mortgage payment of XXXX. I told the representative about my financial situation and that I needed those funds urgently. The representative told me she would cancel the check that was sent in the mail and place a Stop Payment. Also that the funds could be sent via direct deposit since I used automatic payments to pay for the mortgage and that they have that information on file. I was told to expect the funds in my account within 2 to 3 business days. I did not receive the funds. 

I called again on XX/XX/XXXX to follow up on the direct deposit and the representative told me that the request to send the funds via direct deposit was denied because it is not something they do and it would go against government regulations to send the funds via any other method but regular mail. I told them that I needed my money back and to please send them via wire transfer or direct deposit and that I tried to look for my rights as a consumer and read that financial institutions have certain amount of days to return the funds but it didn't have restrictions on the method. The representative told me that there was nothing they could do but send another check in the mail. I told the representative that I recently received a letter from Freedom that was dated after the supposedly check issue date. If those letters arrived, it would be reasonable to believe the check should have arrived already and that they have my correct address on file. I accepted the resolution thinking that I would have those funds to cover my XXXX mortgage payment and awaited the delivery of the second check. 

On XX/XX/XXXX I called Freedom Mortgage again because I had not received the second check in the mail yet. I yet again requested the funds to be returned back to me via wire transfer or direct deposit. The representative told me that he could place a stop payment on the check and follow up with his escalation team to see if there were any other option. He also mentioned that they could not issue the refund via direct deposit. I told him not to place a stop payment on the check yet because the previous times I have called the representatives claimed to have done that already but to please transfer my call to his supervisor. 

When I spoke with the supervisor she told me the second check HAS NOT BEEN ISSUED. That is when I realized the stop payment on the first check was not even placed yet. I thought the previous representative was offering a stop payment on the second check. The supervisor told me they had to wait 10 business days in order to reissue a new one and also 30 days after they place a stop payment. None of the previous representatives told me about the 10 days to reissue a check they led me on to believe that they were reissuing it immediately. I told her I needed my own money to be returned now. Freedom Mortgage has had the payment in full for the mortgage since XXXX. She mentioned they have meet all regulatory guidelines by issuing a check within 14 days and that it wasn't their fault the check wasn't delivered to me. I asked her again to please send the funds via wire transfer, direct deposit or certified mail with a tracking number. I also told her I could drive to wherever their office was located to pick up the check myself. She declined all of my request due to regulations. She told me she would follow up with me within the next few days once she speaks with another department to see why my check wasn't reissued after the 10 business days. And then they would process the another check via the regular mail. I asked for proof that the check was sent or a copy of the check for my records and she told me I could see my transaction activity. Which I already had access to via their online website and it didn't have any proof that a check was sent in the mail. I told her that I would complain using any possible method. 

This financial institution is holding my funds hostage for some reason. I don't know if it's because I refinanced with another financial institution or if they are earning interest with my funds. I have no proof they sent any payments except for their word or whatever they modify on their website. They offered me no options for me to retrieve my funds. I could only do what they wanted and as a consumer I am powerless. I have to wait for them to meet whatever obscure guidelines they have, what they mentioned were regulations doesn't hold true to what I was able to research. They keep gaslighting me with different information every time I call. 

I also noticed they were suspiciously trying to modify their records of my online banking within a few minutes from my last call. I luckily took screenshots of the screen before they were able to modify them. At XXXX the last 3 transaction activity of the account via their online banking noted an entry for XX/XX/XXXX as " Escrow Refunded ''. They charged me on XX/XX/XXXX for Mortgage Insurance ( even though I satisfied my loan on XXXX ) and a undisclosed fee of {$10.00} on XX/XX/XXXX. Later at XXXX an entry was added for XX/XX/XXXX as a deposit of my escrow. And on XX/XX/XXXX an " Escrow Refund ''. 

That leads me to believe three things. First, they are able to modify the transaction activity in their system at any given moment. Second, transaction activity doesn't serve as proof that they sent the check. Third, they have no inclination to return my funds or to do it with any urgency. If it only took a few minutes for someone to do something in my account, why did no one do anything for the past month? I attached the screenshots in the complaint. 

Every time I contact them they try to place blame on the postal service which I have never missed a statement from them before and conveniently they do not offer certified mail so there is no proof of when they claimed to have sent me my original funds. Every time I contact them and they say they are going to do something for me it never gets done and there is absolutely no initiative on their end to follow up with me. I am always the one to initiate a call to see what is happening on their end and always find out that what they said they would do has not been done. I don't understand how it is this difficult to get my own money returned to me and I feel sorry for anyone else who is going through this and doesn't even know that they are due a refund. The only reason I knew that I would be getting a refund is because my new financial institution told me about it when I was funding my new escrow account. This has caused me mental distress and financial hardship.

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