Consumer complaint received 2022-04-13
Company: BROKER SOLUTIONS, INC.
State: AZ
Product: Mortgage
Sub-product: VA mortgage
Issue: Closing on a mortgage

Complaint:
On XX/XX/XXXX I closed on a home using a 30 year, fixed, VA loan ( Loan # XXXX ) with New American Funding. Prior to closing I instructed XXXX XXXX XXXX and New American Funding to issue the deed in the name of my Living Trust ( titled : " The XXXX XXXX XXXX Living TrusXXXX dated XXXX '' ). However, XXXX XXXX issued the closing documents in the name of myself as an individual and not in the name of my Living Trust. The mortgage company XXXX New American Funding ) failed to catch this error in time to have the closing documents corrected without delaying the closing. I was then told by New American Funding that there was a different branch of XXXX XXXX XXXX, also in the XXXX, AZ area, who had agreed to make the change and re-title the mortgage in the name of my Living Trust free of charge after closing. 

I thought this was an acceptable solution, so I proceeded with the closing on XX/XX/XXXX with the belief that very shortly after the closing the title/deed to the mortgage would be changed. In XX/XX/XXXX ( 4 months later ), after hearing nothing from XXXX XXXX or New American Funding, I began to inquire as to what the process would be to get the deed re-titled. I was told ( by phone and email ) that it would be done and was in contact with XXXX XXXX from XXXX XXXX who initiated the change in title. 

Approximately a month ago ( after waiting another 7 months ) I went to the XXXX XXXX XXXX  website to see if the change in the mortgage title had been completed. It hadn't -- the title was still in my name, " XXXX XXXX, an unmarried man ''. So I once again began calling New American Funding to figure out why the change hadn't been made, afterXXXX months of waiting post-closing. I placed calls on XX/XX/XXXX ( XXXX PM ), XX/XX/XXXX ( XXXX PM ), XX/XX/XXXX ( XXXX PM ) and XX/XX/XXXX ( XXXX am ) to the New American Funding phone number : ( XXXX ) XXXX. 

During those calls to New American Funding I was told that I needed to speak with Loan Servicing and not Customer Care. Loan Servicing told me that a corrected Title document had been prepared in XX/XX/XXXX ( about a month after my first formal inquiry in XX/XX/XXXX ) and that a " draft, corrected copy '' had been sent to me and no further action was taken. I told them I never received it and asked them to email it to me. One of the XXXX representatives I spoke with on the phone on the third or fourth phone call said that she could see the document dated in XX/XX/XXXX -- she was looking right at it. She assured me that it would be sent to me by email. 

When I didn't receive the document by email ( after asking for it four times by phone after waiting for XXXX months ) I decided I would send an email request to New American Funding Loan Servicing ( at XXXX on XX/XX/XXXX ) asking to be sent the document by both email and mail since calling on the phone did not seem to be working. New American Funding responded by sending me the original title document dated XX/XX/XXXX -- the very one that I signed on the day of closing which titled the document in my name as an individual. This is not what I asked for. 

I then sent another email to New American Funding ( again to XXXX ) on XX/XX/XXXX stating that they sent me the wrong document. It was a 3 page email stating exactly what the document was and specifically how to identify it. Today ( XX/XX/XXXX ) I received back another email in which New American Funding states : " Thank you for contacting New American Funding. We apologize for the frustration and we looked very carefully and located a corrected deed of trust and attached it to our response. We do hope this is the document you needed. 

If you have any further questions, our Customer Care Department is available at XXXX, Monday through Friday XXXX a.m. to XXXX p.m. Central Time and Saturday XXXX a.m. to XXXX p.m. Central Time. '' Well, it is the exact same document as I was sent before. It wasn't " corrected '' at all because it is the same one I signed on XX/XX/XXXX ( the day of closing exactly 1 year ago today ). It still bears my signature and date and still states the mortgage is issued to " XXXX XXXX, an unmarried man ''. XXXX XXXX the individual is not The XXXX XXXX XXXX Living Trust. 

If I had known before closing on XX/XX/XXXX that New American Funding was not going to holdfast to their promise to me to retitle the incorrectly drafted closing documents post-closing, then I never would have signed them. I either would have required them to correct the documents and delay closing or found another mortgage company who was capable of getting these documents correctly drawn up the first time around. I feel I am subject to the whims and caprices of the New American Funding and that I am a XXXX to them. 

Please help me to right this injustice. A mortgage titled as an individual ( rather than to a Living Trust ) carries with it a significant financial burden and future, undeniable COST to my heirs, especially since the mortgage as it now exists is not covered by my Living Trust and is therefore subject to probate, which is the very reason one creates a Living Trust to begin with. Thank you for your assistance.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation