Consumer complaint received 2023-03-14
Company: ALLY FINANCIAL INC.
State: MD
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
My wife and I have been trying to request Ally for a waiver of escrow. I submitted the original request on XX/XX/XXXX via online messaging per the Ally phone Customer Representative. 
I received a message on XX/XX/XXXX that the request was received and forwarded to the Research Department for review and it was stated the process would take approximately 30 days. 
I followed up on XX/XX/XXXX for a status request. 
On XX/XX/XXXX I received a message that the waiver had been denied. 
On XX/XX/XXXX I replied asking for the reason of the denial. I sent a second message that day asking I be provided a copy of the client guidelines in policy outlining why my escrow waiver was denied. 
On XX/XX/XXXX I received a message that my request was being researched and to anticipate a response in 7-10 business days. 
On XX/XX/XXXX I sent a message requesting a status update. 
On XX/XX/XXXX I received a message to call Customer Service at XXXX. I called customer service and I was informed the request was denied and a letter would be sent. I was told he could send the letter electronically and it would take 24 hours. 
On XX/XX/XXXX I called customer service as I had not received the electronic letter. I was told Ally does not allow escrow to be waived. I was also informed the customer service representatives are not Ally employees but instead employed by servicer XXXX. 
I looked through my loan docs and show in the deed of trust it states waiver to escrow is allowed. 
On XX/XX/XXXX I received the escrow denial letter to my online account. 
The letter states At the time of closing, escrowing for the payment of taxes and insurance was a condition of your loan as the investor associated with your loan did not permit escrow waivers. It is our policy not to waive this requirement and we are unable to comply with your request. 
On XX/XX/XXXX at XXXX EST I called customer service and asked where in the loan docs it states escrow is required and can not be waived. I was told to contact our closing company and request documentation from Ally. I requested the representative to do that as it is not my job to research the existing loan docs. I then asked for a supervisor. The customer service representative stated they spoke with their supervisor and that the Note stated in not so clear terms waivers were not allowed. I explained the deed of trust states waivers are allowed. I was told the deed of trust is a generic document and the Note was what mattered. I did not have my copy in front of me so I said I would call back. 
At XXXX I called back. The Note only states waivers in default are not allowed. Nothing about waivers of escrow. The representative stated she did not see anything about waiver escrow and she transferred to XXXX, a supervisor. XXXX stated he was sending a request to his research department but that their ( XXXX ) procedures state as of XXXX Ally does not allow waivers to escrow and that all requests should be denied. I asked specifically for where in the loan docs it states no escrow waivers. He stated he would request that as well. 
At XXXX I received a voicemail from XXXX asking to call Customer Service XXXX 
At XXXX I called customer service and asked to speak to XXXX. I instead spoke to someone else who said XXXX was busy but he had the notes. He said Ally stands by no waivers but he could not provide where in the loan docs it states no escrow waivers. 

For 3 months I have tried to submit the escrow waiver and receive information as to why it is denied. 
Allys website contains information on how to submit for an escrow waiver. The closing disclosure and deed of trust state waivers can be made. No document states escrow waivers are not allowed. 
Our loan to value ratio is ~65 % based on the appraisal done as part of the refinance with Ally in XXXX ( market values in our area have increased since possibly making the ratio even lower ). We have never been late on a payment.

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