Consumer complaint received 2022-12-01
Company: CARDINAL FINANCIAL COMPANY, LIMITED PARTNERSHIP
State: NY
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
PROCEDURAL HISTORY I had previously filed a complaint against Cardinal Financial Company. The complaint has been responded to and is now closed. The complaint ID number was XXXX. 

As a result of the previously filed complaint, Cardinal Financial has extended an approved forbearance offer to the borrower in writing. However, the letter the borrower received has conflicting information. 

First, the cover letter dated XX/XX/XXXX, advised " to the extent possible, please sign and return the attached Agreement within fourteen ( 14 ) days of receiving this offer ''. 

This was inconsistent with the letter from XXXX XXXX XXXX, Specialist with Cardinal Financials Loss XXXX Department. XXXX XXXX 's letter states " To accept our offer of FHA FORMAL FORBEARANCE AGREEMENT please call the number listed below to indicate your acceptance no later than XX/XX/XXXX '' The FHA FORMAL FORBEARANCE AGREEMENT gives the borrower a deadline to send in the signed agreement by XX/XX/XXXX. This is inconsistent with the XX/XX/XXXX dated letter from Cardinal Financials Loss XXXX Department, and with XXXX XXXX XXXX 's XX/XX/XXXX dated letter. 

Additionally, the FHA FORMAL FORBEARANCE AGREEMENT has language that is unclear and contradictory. Specifically, under the " Agreement '' section, it states : " A ) Mortgagor ( s ) agree ( s ) to an APPROVED FHA FORMAL FORBEARANCE AGREEMENT WITH NO MONTHLY PAYMENTS FROM XX/XX/XXXX THRU XX/XX/XXXX. THESE PAYMENTS MUST BEGIN XX/XX/XXXX, AND ON THE XXXX OF EVERY MONTH THEREAFTER THROUGH XX/XX/XXXX ... '' I contacted Cardinal Financial Company and initially spoke with a representative who also reviewed the paperwork. The representative advised it appears the letter has a typo, but unfortunately Cardinal is unable to correct the document and the borrower must sign as is. I asked if the borrower can simply call and confirm she wants to accept the agreement, I was told no this would not be possible. I asked to escalate this case and ended up speaking with supervisor, XXXX ( ID : XXXX ). 

XXXX XXXX ( ID : SAN ) acknowledged borrowers concern with the language but refused to admit to any typo and said that this was simply a template, it can not be corrected, and borrower must sign and submit form as is or she will not be approved for a forbearance. 

SUMMARY OF COMPLAINT Cardinal Financial Company sent the borrower mailed correspondence with three separate items : A XX/XX/XXXX dated letter from their loss mitigation department, indicating the borrower has 14 days to submit the signed agreement; A XX/XX/XXXX dated letter from XXXX XXXX XXXX with the loss mitigation department advising the borrower they must call to indicate acceptance by XX/XX/XXXX ; And the XX/XX/XXXX " FHA FORMAL FORBEARANCE AGREEMENT '' that states i. ) the borrower must send the signed form back to Cardinal to accept the forbearance by XX/XX/XXXX, and ii. ) the FHA FORMAL FORBEARANCE AGREEMENT has language that states payments will be due from the borrower during the forbearance agreement. 

Cardinal Financial refused to correct the language of the letter and demanded borrower sign as is or she will lose her chance to be placed on a forbearance agreement.

Company response to consumer: Closed with explanation