Consumer complaint received 2022-04-13
Company: BANK OF THE WEST
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Original copy emailed to the following individuals on XX/XX/XXXX To : XXXX - XXXX XXXX XXXX XXXX ; XXXX ; XXXX ; XXXX XXXX. XXXX ; XXXX XXXX XXXX XXXXXXXX XXXX XXXX Bank of the West XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX Subject : Forbearance Application and Complaints ( Loan # XXXX, XXXX, XXXX ) URGENT - TOP PRIORITIES! 

Hello ~ Based on our initial research and documentation, heres a chronological order of what had transpired and followed by our exposition of XXXXXXXX   practices of engaging in delay tactics to delay our application with an intent to inflict maximum damages first by way of reporting derogatory entries on our credit reports and then followed by pre-meditated foreclosures on all the properties we had built for our golden nest. 

Here is the order of events : Pre XX/XX/XXXX, ( circa one to two weeks prior to XX/XX/XXXX ) approximately one to two weeks prior to the approaching expiration of the forbearance, XXXX had called several times into XXXX to request for loan workout ( WO ) packets and to request the forbearance amounts to be pushed towards the end of the loan terms. 

XX/XX/XXXX Expiration date of the loan forbearance. 

XX/XX/XXXX Finally received WO packets from XXXXXXXX  a day or two prior to XX/XX/XXXX. And XXXX immediately completed all application forms and supporting documents and mailed them via USPS on XX/XX/XXXX. 

XX/XX/XXXX Failing to receive any acknowledgment from XXXX/XXXX  and due to the delay of XXXX in handling our case, we decided to email the WO packets to XXXX/XXXX  on XX/XX/XXXX as well. But we have reason to believe that USPS had already delivered our completed WO packets to XXXX prior to XX/XX/XXXX. 

XX/XX/XXXX XXXX emailed XXXX asking her to request the completed WO packets from us. In all fairness, XXXX should have already received the WO packets from us that were mailed by USPS on XX/XX/XXXX and again via our email dated XX/XX/XXXX above. Additionally, XXXX can easily email us directly if they have not received our WO application. This is evidence that XXXX 's internal communication breakdown, the left-hand does not know what the right hand is doing or simply playing delaying tactics to wait till the default date of XX/XX/XXXX to roll around and to readily foreclose on all our properties. 

XX/XX/XXXX XXXX called XXXX and XXXX emailed her that all WO documents have been emailed. And she will follow up on this. 

XX/XX/XXXX XXXX emailed additional information, viz. lease agreements, XXXX statements, etc. to XXXX. 

XX/XX/XXXX XXXX XXXX acknowledged receipt of our application ( see XX/XX/XXXX below ) but never called us nor emailed us even though he already has XXXX email address on XX/XX/XXXX above. 

XX/XX/XXXX XXXX emailed XXXX they couldnt open the PDF attachments. But XXXX in a telephone conversation on XX/XX/XXXX with us acknowledged that she received the attachments and was able to open them. We also opened up that email and were also able to open the PDFs on XX/XX/XXXX. XXXX in a later email claimed internal firewall issues. But XXXX was able to open our documents and XXXX couldnt and instead blamed it on the firewall! 

XX/XX/XXXX XXXX XXXX XXXX supervisor/officer, emailed XXXX acknowledging receipt of our WO application/documents on XX/XX/XXXX ( 15 days after we mailed/emailed our applications to XXXX ). XXXX claimed that he spoke to us to advise us of missing documents and never heard from us since. On searching our records, XXXX did not email us ( nor call us ) to request the missing documents such as lease agreements, XXXX statements, etc. Please see XX/XX/XXXX above. On XX/XX/XXXX, XXXX requested additional documentation on lease agreements, XXXX statements, etc. in his email dated XX/XX/XXXX which XXXX already emailed two days prior on XX/XX/XXXX. 

XX/XX/XXXX XXXX called and spoke to XXXX and XXXX assured her that we have already emailed the completed WO packets plus additional documents to XXXX. And XXXX asked her to ask XXXX if there is anything else they need in order to process our application. Due to XXXX/XXXX  delays, our application is being delayed for about a month from the XX/XX/XXXX date. 

XX/XX/XXXX - XXXX emailed XXXX relaying to XXXX  that we have already emailed all required WO packets plus subsequently requested documents XXXX. lease agreement, XXXX statements, etc. to XXXX and to inquire what else was missing. 

XX/XX/XXXX XXXX emailed XXXX regarding requesting additional information viz. lease agreement, XXXX statements, etc. again. This additional information has already been emailed on XX/XX/XXXX, see above. By now, there is a 45-day delay in processing our application which we have timely submitted on XX/XX/XXXX or XX/XX/XXXX or XX/XX/XXXX by emails collectively. 

XX/XX/XXXX XXXX called us regarding XXXX 's request for additional information viz. lease agreement, XXXX statements, etc., and was told that they have been previously emailed to XXXX already. And she emailed XXXX  regarding the same. Thereafter, XXXXXXXX  was miraculously able to open all the attachments. 

XX/XX/XXXX till now Because XXXXXXXX  handling our WO application, XXXX & XXXX begin to experience sleepless nights and mental effects. 

XX/XX/XXXX XXXX & XXXX emailed XXXX and XXXX XXXX complaining about the conduct of XXXX on overcharging us the default amounts on the NODs. As of to-date, the default amounts were not corrected. In that email, XXXX & XXXX also detailed receiving a series of threats on foreclosures, defaults, and derogatory credit reporting received from XXXXXXXX  on a daily basis in the form of regular mails as well as registered mails. XXXX & XXXX also explained how XXXXXXXX  exercising delay tactics thus causing our accounts to be in default positions so as to promptly foreclose on all three properties to the benefit of XXXX. This is unethical and un-American! 

XX/XX/XXXX XXXX responded with corrected default amounts via emails but the NOD letter amounts are still incorrect as of to date. Further, XXXX stated Loss Mitigation ( LM ) will take 30-day to process our application but the NOD due date is slated for XX/XX/XXXX. Our WO applications are doomed to failure due to the failures of XXXX not promptly engaging in direct communication with us. Instead, XXXXXXXX  chose the beat-around-the-bush approach ( delaying tactics ) by communicating with a party other than us and purposefully delayed our application even though we have started calling XXXX  two weeks prior to the expiration of our forbearance date of XX/XX/XXXX. 

XX/XX/XXXX XXXX & XXXX provided a chronological account of this case and requested to resolve this matter for mutual benefits. 

In Summary Based on the chronological account above, XXXXXXXX  XXXX malicious intent is clear. 
Our forbearance expired on XX/XX/XXXX. We contacted XXXXXXXX  prior to the expiration date and immediately submitted WO applications to XXXXXXXX  on XX/XX/XXXX. If it was not due to XXXXXXXX   delay in sending us the WO packets, we would have submitted our WO prior to XX/XX/XXXX. 

While our WO packets are in XXXX XXXX already mailed out XXXX via regular mails and registered mails and reported derogatory remarks on our credit reports ( which XXXXXXXX  denied ) and was already preparing for foreclosures! 
Is it not customary in the banking world that if someone is in a WO situation, he is not and can not be considered in default and his credit reports can not and should not be tarnished? And XXXX should be on hold until the clients did not pursue WO and did not pay up? 

XXXXXXXX  is aware that LM will take 30 days to process our applications! The XXXX due date to cure is XX/XX/XXXX ; LM would not be able to turn around till XX/XX/XXXX or later, by which time all our properties would conveniently be foreclosed! With XXXX dragging his feet for up to 45 days, no one would get his WO approved even if they submit their WO application on the first day as soon as the forbearance is due! These procedural defects whether it is by accident or by design are not acceptable. 
XXXXXXXX  has acted in bad faith from the get-go! XXXXXXXX  has no intention to work out with us or any other clients who have had forbearances. Instead, they are taking this opportunity to foreclose on our properties and many others for selfish gain! We have reasons to believe that if it has not been for XXXX intervention on our behalf, our WO packets would have been shelved and would have been eventually denied. 

What we want : 1. XXXX  to correct the default amounts on the XXXX. 
2. XXXX  to remove all inspections fees. XXXX 's delays in processing our WO application due to their internal communication breakdown are no fault of us. 
3. XXXX  to immediately remove all derogatory remarks on our credit reports and show proofs thereof. 
4. XXXX to postpone/extend the NOD dates of XX/XX/XXXX on all three loans indefinitely until we have received the response from LM and have a fair chance to dispute/appeal them if applicable. 
5. XXXX/XXXX  to demonstrate good faith in processing our WO packets. 
6. XXXX/XXXX to immediately stop/rescind all threats of foreclosures, legal threats, etc. These conducts are punitive and with a clear intent to inflict maximum mental damage to us and have already affected our mental states, sleep, and peaceful rest. While most Americans are going through difficult times during these covid periods, the Biden Administration is trying hard to help law-abiding citizens like us by way of forbearance ; businesses and private individuals alike will lend a helping hand ; XXXX/XXXX  on the contrary is engaging in unethical, un-American and predatory trade practices on Americans who are applying for additional WO with the bank. We have reasons to believe that XXXXXXXX  has every intent to abandon its customers under the bus so as to benefit from those who are unable to stand up to the unlawful conduct of XXXX/XXXX. 
7. XXXX  to push all forbearance amounts to the end of the loan terms. 
8. XXXX  to reduce/modify our mortgage rate since the interest rates have already fallen to an all-time low, there is no reason why XXXX  continues to charge us such high mortgage rates. 

In this XXXX season, XXXX and I have much to be thankful for. We are thankful for partnering with XXXX  in financing the acquisition of our properties ; we are thankful for the Biden Administration in providing forbearance a vehicle where we can get some much-needed assistance ; we are thankful for the good SamaritanXXXX XXXX we are thankful for our loved ones and much more.. until XXXX gets into the picture. It all changes when XXXX gets into our lives in handling our WO applications. It has begun to tarnish the good image of XXXX  and we wonder why! In this XXXX season, we have devoted an enormous amount of time, energy, and resources to expose the wrongdoings of XXXX and we will continue to do so until we received fair and just treatment from XXXX. 

It is our current intent to continue to work with XXXXXXXX  without involving outside professionals. We are hoping there is no need to pursue other options. 

Feel free to reach out to me at XXXX Please do not leave any messages on my home phone, we do not check messages there. 

Sincerely, Signed XXXX XXXX XXXX XXXX Privilege Connect customers Banked with XXXX  for over 33 long years! 
Cell : XXXX p.s. XXXX checked his credit report on XX/XX/XXXX ( about 5 months later ) and to his surprise, Bank of the West still has not removed the late payment notices on their credit reports. This has inadvertently created a negative impact on their credit reports. XXXX ( XXXX  ) has previously asked XXXX  to remove those remarks to no avail.

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 monetary relief