Consumer complaint received 2018-05-17
Company: SUN WEST MORTGAGE COMPANY, INC.
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
CFPB To whom it may concern : My name is XXXX XXXX XXXX and I want to launch a complaint against my mortgage company SunWest Mortgage Company,  INC NMLS ID XXXX. 
In XX/XX/XXXX my employer filed for bankruptcy and I was laid off, at the time I was able to secure employment with a company that worked per contracts, however, the company was based out of XXXX and there were times that we will go with no work for 2 or 3 months and whatever monies we had was getting depleted. In XX/XX/XXXX I was let go from that company as well and was unable to secure employment in my field with a comparable salary in my vicinity. My husband and I had started our own business in XX/XX/XXXX so I decided that we will try to get the business going as I kept looking for a new work opportunity. 
On XX/XX/XXXX we started to fall behind in the mortgage and so on XX/XX/XXXX we made the XX/XX/XXXX payment and we had requested a Loss mitigation package as we wanted to get caught up with the payments. The loss mitigation package was sent to us on XX/XX/XXXX, we sent the package back but on XX/XX/XXXX they send us the denial letter stating we were denied due to incomplete documents, even though it was just a month from when we received the package. We requested the documents again, I got the letter dated XX/XX/XXXX with the documents I had requested to be able to apply one more time, but by then I was told I could not make a payment anymore because our property was sent to Foreclosure on XX/XX/XXXX. 
We have been told that once you send the loss mitigation package to be reviewed they cant accept any payments until the review is process. 
We sent those documents back and received confirmation they got them on XX/XX/XXXX, on XX/XX/XXXX I called and was advised all docs were received and the file was with the Underwriter and no docs were needed at the time. 
On XX/XX/XXXX additional documents were requested, sent those back as well, and our request was denied. Unfortunately, I cant find the denial letter for that application, but we went ahead and applied again on XX/XX/XXXX and on XX/XX/XXXX we got an additional document needed letter dated XX/XX/XXXX, but it only allowed me 15 days to submit the documents, which contrasts with the previous ones of 30 days. Unfortunately, I didnt realize this and sent the documents past the time frame, so then again, I was denied for incomplete application as per the letter dated XX/XX/XXXX. 
Please keep in mind that every time I was sending a complete package according to the income, expenses requirements stated on the XXXX like paystubs and P & L. 
On XX/XX/XXXX I sent yet again another package, received letter confirmation dated XX/XX/XXXX, again they asked for more docs on letter dated XX/XX/XXXX, I sent them, I called XX/XX/XXXX and they stated they received them and file with Underwriter as of XX/XX/XXXX. 
I received a denial letter on dated XX/XX/XXXX that states between many things, that because we are now over 12 months past due we dont qualify for pretty much anything that is not an FHA HAMP and we didnt qualify for that because my payment was greater than 40 % of my income. 
I then sent an appeal to the denial on XX/XX/XXXX since my husband had gotten a Part time job in XX/XX/XXXX that had increased our Income and so I was using him as a Non-BW contributor. 
They sent me another letter for even more documents date XX/XX/XXXX, Mind you I had just sent the proof of his income with the appeal Paystubs and new P & L for our business but now they also wanted information about repairs needed in the house since Hurricane Irma had done some damage back in XX/XX/XXXX. ( Please keep in mind that on the previous denial dated XX/XX/XXXX they didnt mention anything about the damage being an issue on the modification review ). I sent all required documents on XX/XX/XXXX and in letter dated XX/XX/XXXX they denied us again, this time because The repairs have not started yet and hence repairs would drain our monthly resources However, we had sent documentation showing that the claim was submitted to the insurance company and we are pending the payment to start the repairs. 
That Brings me back to the last application I sent and it was received on XX/XX/XXXX. I sent a new application because I have now secured a full time job, so I my income has changed. But then again they are asking for a list of documents in excess of the documents needed and requested, and I honestly believe that they are trying to make this process to cumbersome that no matter what I try I wont be able to save my home. For Example, This application was submitted on XX/XX/XXXX. Why am I being asked to submit my XX/XX/XXXX and XX/XX/XXXX XXXX forms when they already have my XXXX form filled with which they can obtain my transcripts if thats what they needed? And on top of that to ask for also my tax returns again? Why are they asking for clarification of deposit for the business account? Dont they know is a business and so there will never be a deposit equal to the other since the invoices are never the same? 
Is this really necessary? Please, if there is anything you can do to get this process done and reviewed once and for all. All I have been trying to do since I was only 2 months past due is resolve this issue and keep my house. The longer this takes the more I owe and now I cant even try to get caught up at all!!! 
If you go to their website and request a loss mitigation package it only gives you the XXXX and not all the other documents that need to be filled out. You have to dig in to find out that you also need a XXXX and Expense sheet, and so may other things. 
I also have an issue with them requesting that we send proof of our GAS expense because they believe that Im not putting enough expenses on my disclosure. I am applying for the loan modification with my XXXX income and my Self employment income, both of these combined are now sufficient to pay my mortgage and as I am the only one on the loan I only sent the expenses based on what I pay. Remember that I live with my husband and he pays for some of the expenses on my household. I dont pay for everything there is to pay so how can I prove this? 
I believe they are being unreasonable on the amount of documents they are asking for continuously. I have paystubs and P & L, I have sent both and bank stmts sustaining my income, taxes can be obtained with the transcripts from IRS even though i have sent the actual tax returns as well. They are making this very difficult and because of this back and forth of additional unnecessary documents too much time has passed and we are unable to get caught up unless a modification is approved as we now owe over twenty thousand dollars including attorney fees. 
To my understanding as long as the documents are sent for review within a certain time frame of being originated Ie : Bank statements ( 30 days from UW review ) There should not be such thing as Refreshing of expiring documents. Is this correct? Because that is what they are requesting now amongst other things. 
They have also sent contradictory letters in regard to our denial on the last application. One letter says it was because of the house damage, and the other letter sent after says it was denied due to incomplete documents. This company seems to be incompetent and not borrower friendly. 
I tried to make a payment back in XX/XX/XXXX but I was not allowed because I called 1 day too late. Also an agent has told my husband as well that once they get the loss mitigation package no payments can be made. And ever since the nightmare has not stopped. 
I have attached : * Copy of denial letter dated XX/XX/XXXX ( income denial ) * Copy of the Appeal additional documents requested. ( appeal to include Non-BW new XXXX XXXXncome ) * Copy of the last applications denial letter dated XX/XX/XXXX. 
* Copy of the 1st request for additional documents from application started on XX/XX/XXXX. 
* Copy of the 2nd request for additional documents from application started on XX/XX/XXXX. 

Please Help me.

Company response to consumer: Closed with explanation