Consumer complaint received 2022-01-03
Company: LAKEVIEW LOAN SERVICING, LLC
State: NJ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
COUNT 1 : We are customers and borrowers of XXXX XXXX  lakeview servicing, we have been involved in a major escrow analysis and escrow payment calculation dispute as follows : We have been loan modified through the XXXX loan Modification Program as per the covid pandemic relief as of XX/XX/XXXX our modified and agreed new monthly payment was supposed to be {$1100.00} with the escrow component already figured into this payment and since we are XXXX Loan Modified we are NOT required/forced to pay accelerated monthly escrow shortages that are directrly correlated to the Forbearance program that we were on during XX/XX/XXXX through XXXX XXXX, what XXXX  is attempting to do is illegally accelerate escrow payment recapture to the tune of {$120.00} this is abhorrent and illegal since it completely nullifies the beneit of our XXXX Loan modification all because XXXX XXXX is attempting to accelerate escrow repayment of forbearance escrow expenditures Note these escrow increases are completely irrelevant to the historical normalized year over year increased due to normal property or school tax or insurance increases these amounts are relatively smaller in nature and palpable NOT ACCELERATED ESCROW EXPENSE RECAPTURE OF THE FORBEARANCE OUTLAYS COUNT 2 : XXXX on XXXX separate occasion tried to re calculate our escrow first on XX/XX/XXXX where they calculated our escrow shortage at {$43.00} monthly which would have increased our monthly mortgage payment up to {$1200.00} effective XX/XX/XXXX all the while on the XXXX website the loan modified payment still was in effect of {$1100.00} which we paid [ then as late as XX/XX/XXXX the payment was still in effect of {$1100.00} which again we paid as such Then again on XX/XX/XXXX Loancare tried yet again to recalculate our escrow shortage and new monthly mortgage payment of XXXX again due XX/XX/XXXX which as I stated the website still effectuated the loan modified amount of the {$1100.00} discrepancy number XXXX Then still yet again XXXX  cam back and again tried to assert that our new escrow shortage was actually {$120.00} complete nonsense to say the least this is quite evident that here they are blatantly attempting to accelerate escrow payment recapture hoping that my ignorance will let them get away with it well not so fast COUNT XXXX ON XX/XX/XXXX I reached out to XXXX XXXX XXXX whom is a senior Loss mitigation supervisor to explain to her what the problem is with our escrow account here is the actual verbiage of my initial contact with XXXX XXXX : Dear XXXX XXXX, I need to schedule a phone conference with you to discuss the escrow account because there is a {$100.00} discrepancy between the pro rated shortage that was used in the payment modification of the {$1100.00} versus what the system is generating as a {$120.00} shortage [ resulting in the new increased payment of {$1200.00} ], not only is this counterproductive to the benefits of the reduced modified payment, the argument can be made that the escrow shortage is/was exacerbated due to the pandemic hardship this wasn't caused by an ordinary mathematical adversity [ which when historically analyzed any year over year variances were within smaller monetary increments, so my thinking here is that is there some way to possibly mitigate this accentuated shortage amount in such a way that it can re amortized using a different methodology giving respect to the intentions and benefits accorded within the XXXX modification program because XXXX so keeping this shortage amount being recaptured into our modified new payment it really is actually nullifying what our mutual intention was when we concurred that attaining a lower modified payment would be to our benefit and it is/will be creating a forward hardship Please see how you can assist us with this and let me know when you can meet us via phone if needed Thankyou XXXX and XXXX XXXX Then her initial reply to my initial email is as follows : Good evening, I do not have an explanation at the moment for the discrepancy between the payment of {$1200.00} on the most recent escrow statement and the expected modification payment amount of {$1100.00}. I have opened a request to have the escrow analysis re-run and included the details above. This process normally takes about XXXX weeks and a follow-up letter with the results will go out in the mail. If you send me a reminder email, then XXXX be glad to email it to you sooner since the mail tends to be slower this time of year. 

Outside of the payment inquiry, I hope the holidays are treating you well! 


Thank you, XXXX XXXX Loss Mitigation Supervisor Collections Department XXXX XXXX XXXX XXXX : XXXX | XXXX : XXXX  Then on because I did not hear anything from the XXXX escrow department for those XXXX weeks I reached to inquire from XXXX XXXX as to the status of the re analysis here is my verbiage of XX/XX/XXXX Dear XXXX XXXX, I am inquiring regarding the status of our escrow re-analysis because I have not received any correspondence of their findings since it is now very close to XXXX I will just keep paying the regular amount I really hope they took my case under serious consideration as the function of full recapture of forbearance escrow advances is directly counter to our receiving the XXXX Modification which wholly is to give us benefit, whereas the methodology that was used to basically accelerate recapture of those direct pandemic escrow advances is defective and needs to be completely reversed and restructured in function not only for me but for all of the other customers that this effects, So please advise as to their status if you can XXXX and XXXX XXXX Her automated email reply said she was out of the office I am out of the office. If you need immediate assistance, please reach out to XXXX, Mon-Fri XXXX and Sat XXXX Eastern Standard Time. Thank you. 

So On XX/XX/XXXX I reached to loancare escrow department and spoke to XXXX in that department and explained to her our case details she then concurred that we should not have to pay the increased accelerated escrow recapture since we are under a permanent XXXX loan modification and that payment was formulated under mutual agreement by XXXX XXXX and ourselves because the effectuated goal was to reduce our monthly payment by reducing the interest rate which was done as well as re amortizing the loan duration outwards which was also done, NOTE **** THIS NEW ERRONEOUS MONTHLY PAYMENT IS COMPLETELY GOING AGAINST AND NEGATING THE BENEFIT THAT WE NEEDED AND EXPECTED OF THE XXXX LOAN MODIFICATION PROGRAM. 

Then on XX/XX/XXXX I had had enough of this nonsense when I went into the XXXX XXXX website and saw that they hard embedded and stamped in the new erroneous payment of the {$1200.00} as of XX/XX/XXXX. 
This is my final email dated XX/XX/XXXX sent to XXXX XXXX Dear XXXX XXXX In my last email I indicated that the underwriter still has grossly failed to resolve a simple issue related to the defective escrow calculations, on new years eve I spoke to XXXX in the escrow department and she unequivocally indicated that there is indeed an error in the escrow calculation and that we should not have been forced to pay accelerated escrow recapture payments [ and indeed I even told you I will never ever pay this convoluted escrow payment nonsense ] that still holds true Now it has been over 30 days and still no resolution so I am giving the escrow department until noon Wednesday XX/XX/XXXX and if there is no resolution in my favor at XXXX I will be again contacting the CFPB to file a complaint I have standing on this because those escrow people are quite frankly extortionists if they think I will pay accelerated escrow recapture payments that are directly correlated to the forbearance pandemic period Now as I even indicated [ AND FEARED ] to XXXX that your website even now has hard stamped the defective payment of the $ XXXXI will only be paying the modification amount of {$1100.00} [ in my bill pay at my bank there's more than one way to skin a cat ] until the next ice age. I'm fuming mad with this and you have to understand my position because as always XXXX RIGHT XXXX XXXX  XXXX XXXX

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