Consumer complaint received 2018-05-09
Company: Eagle Home Mortgage, LLC
State: CA
Product: Mortgage
Sub-product: VA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
Issue : XXXX XXXX XXXX underwriter department refuses to approve my VA loan over VA occupancy, primary residence status. 

Reason : XXXX XXXX  XXXX underwriter department states that the residence Im purchasing in XXXX, XXXX does not qualify as my primary residence. 
According to XXXX XXXX XXXX underwriter, who is unknown, stated that he or she contacted the Department of Veterans Affairs, XXXX XXXX XXXX ( XXXX ), and receiving the following : Borrower does not meet VA Occupancy requirements. He will not be occupying the subject property as a Primary residence full time. Only in XXXX  part of the month each month. Per VA XXXX unless he intends to transfer/have orders to transfer or is going to retire can not approve as primary residence. If he or she [ plans ] to retire then the base income can not be used to qualify. 

When I requested through my loan officer, XXXX XXXX, XXXX XXXX XXXX, XXXX , XXXX, have the underwriter provide her with the VA employees name and XXXX assignment, XXXX stated that the underwriter could not provide the name nor the XXXX assignment information. 

Background : Initially, I stated in my original Letter of Explanation, on XX/XX/XXXX that I was planning to retire in XX/XX/XXXX, and that I work in XXXX XXXX, and reside in XXXX, XXXX at 14 days a month on company business and stay in a hotel because Im overseeing upgrades to physical security programs at two Department owned and operated Switching Stations in XXXX XXXX. 

At the request of XXXX XXXX XXXX, my employer, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, submitted a Letter of Explanation confirming that Im working in XXXX XXXX and the amount of time I spend there on these physical security projects. 

After both Letters of Explanation were submitted, my employer inquired if I would postpone my retirement until the completion of the physical security projects, which are tentatively scheduled to be finished in XX/XX/XXXX, and I agreed. 

Based upon the lack of cooperation from XXXX XXXX Companys underwriters department, on Thursday, XX/XX/XXXX, on three ( 3 ) separate occasions, I contact the VA XXXX call center at  XXXX and I first spoke with XXXX, at the XXXX XXXX XXXX, I explained my situation to him, XXXX stated that the VA would approve the loan because Im in XXXX half the month and if I make it my primary residence it meets the VA Intermittent Occupancy requirement. My second call was to XXXX Call Center again, I spoke with XXXX, assigned to the XXXX XXXX, I told XXXX the same information I previously shared with XXXX, XXXX stated that the VA would approve the loan based on VA Intermittent Occupancy requirements and he stated that you need to speak with XXXX, the VA XXXX XXXX supervisor. XXXX transferred me. I left a voice message. 

I placed third call to the VA XXXX Call Center and spoke with XXXX, who was assigned to XXXX XXXX. I provided the same information to XXXX that was provided to XXXX and XXXX. I requested XXXX 's telephone number, the supervisor at the XXXX XXXX to discuss my situation. XXXX stated that he can only transfer me, and he did. 
XXXX and I spoke about my situation with XXXX XXXX XXXX, I shared with her that I work in XXXX for 14 days a month for my employer, I reside in a hotel in XXXX, and I wanted to purchase a residence in XXXX with my VA benefit and it would be my primary residence since Im working in XXXX for half the month, including some weekends. When I finally retire I will remain in XXXX. XXXX stated that she would approve my loan under the VA Intermittent Occupancy requirement. 

Additionally, I submitted my Letter of Explanation as requested, stating that I work in XXXX 14 days a month ; my employer submitted a Letter of Explanation confirming that I work in XXXX. XXXX instructed me to have XXXX XXXX  XXXX underwriter, no one else to email her at XXXX, ATTN : XXXX and explain to her why the underwriter refused to approve my VA loan. 

I also shared with XXXX that the underwriter could not provide me with the VA employees name and their XXXX work assignment. XXXX stated that all VA employees are required to provide the caller with their first name and XXXX assignment when they answer the phone. I obtained three names and XXXX assignments, but the XXXX underwriter could not provide me with that information, I challenged XXXX XXXX and questioned if the underwriter actually contacted the VA XXXX. 

After speaking the VA XXXX supervisor XXXX, I immediately forwarded the information to my loan officer XXXX, who stated that the underwriter manager will contact XXXX on Monday,XX/XX/XXXX by email regarding this matter because she is off on Friday. 

On Saturday, XX/XX/XXXX, I responded back to an email from XXXX XXXX Loan Specialist,  XXXX XXXX and I provided him with a detail account on my situation. I told XXXX that I had previously spoken with his supervisor, XXXX about my situation, so he forwarded my information to her for the record. 

On Wednesday, XX/XX/XXXX, I emailed XXXX XXXX supervisor XXXX at the general email inbox : XXXX, to follow up and confirm that if XXXX XXXX XXXX had emailed her. I received a response back from XXXX XXXX, XXXX XXXX loan specialist, her supervisor is named XXXX also, who stated that she checked the general email inbox, and no email was received from XXXX XXXX XXXX and that she would be speaking with her supervisor, XXXX about this matter. 

On Wednesday afternoon, XX/XX/XXXX, I reached out to XXXX XXXX XXXX, my loan officer XXXX to confirm that the underwriter manager emailed the XXXX VA XXXX. I was told yes, however, that contradicts what I was told by the VA loan specialist XXXX XXXX, no email received from XXXX XXXX XXXX. 

Construction on my residence is schedule to be completed on or about XX/XX/XXXX. XXXX XXXX XXXX pre-approved me for a loan prior to me signing the purchase agreement. I dont believe the XXXX XXXX underwriter actually spoke with a VA XXXX representative, the language used in his or her response is consistent with an active duty service member - transfer orders, pending transfer orders or retire. 

As a XXXX veteran, Im requesting your agencys assistance to resolve this matter. It is my understanding that the VA XXXX approves VA loans and not the Mortgage company underwriter. I have excellent credit, XXXX, XXXX, XXXX, XXXX, and XXXX, XXXX. 

Please advise.

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