Consumer complaint received 2020-02-26
Company: BANCO POPULAR DE PUERTO RICO
State: PR
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX I bought a house and it was then financed with Banco Popular de Puerto Rico. On XX/XX/XXXX I completed a Loss Mitigation application thru the Banco Popular loss mitigation division, due to economic hardship. I have never had a late payment. On XX/XX/XXXX my loss mitigation application was approved by Banco Popular and they offer me a mortgage modification so I can get a lower monthly payment ( approval letter is attached ). 

Immediately after that, on XX/XX/XXXX, I received from Banco Popular a preliminary disclosure and breakdown of every detail about the modification terms, required contribution and fees/charges related to the transaction. When I reviewed the aforementioned document, I noticed an Escrow Balance Due of {$18000.00} ; Banco Popular was adding that whole amount to my principal, so I was going to pay that with my modified mortgage. I was very shocked about that number, because I didnt had an idea of what it was. Then, that very same day, I received a call from XXXX XXXX, the Banco Popular Loss Mitigation Loan Processor in charge of my case, after I sent her an email questioning this. She told me that the {$18000.00} escrow balance was for a property tax debt that I owed. Instantly, I told her that it was not right, that my property taxes debt was {$4500.00} ( and that I was on a payment plan ) and not {$18000.00}. 

On XX/XX/XXXX I sent Mrs. XXXX a property tax account statement and a payment plan certification from the Center for Municipal Revenue Collection ( CRIM ) stating very clearly that I was on time with my payments and that, to that date, my debt was {$4500.00}. I also sent her a debt certification from the Puerto Rico Treasury Department for the amount of {$690.00}, demonstrating her that those were the actual taxes owed by me at that moment. After I sent her those documents, she referred the matter to another Banco Popular division ; Taxes Department. It is not until XX/XX/XXXX that Mrs. XXXX disclosed a limited breakdown of what the {$18000.00} debt was ; it happened that they included in it, in addition to my debt ( {$4500.00} + {$690.00} ), a debt of {$13000.00} owed, incredibly, by Banco Popular to the Puerto Rico Treasury Department from the years XXXX, XXXX and XXXX WHEN I WAS NOT THE OWNER OF THE HOUSE ( evidence of that debt on Banco Popular is attached ). Without any delay, I claim them to correct that immediately. 

On XX/XX/XXXX I sent Mrs. XXXX an email ( a copy is attached ) explaining her multiple things regarding my mortgage that Banco Popular seemed not to know. First, I clearly stated that the amount was wrong and that I was not the owner of the house on exact dates of XXXX, XXXX and XXXX that the Puerto Rico Treasury Department charged those taxes. Second, I told her that I bought the house under the provisions of the Act 132-2010, which made it totally exempt from property taxes for 5 years ( I sent them copy of the law ). Third, I pointed to her that it was clear in the certification she sent me before that the debt was under their name, not mine. Finally, I required them, again, to clear that up so that I could complete the mortgage modification closing previously approved on XX/XX/XXXX. They did not. 

Instead, they asked me for more evidence to prove that the debt was not mine. So, I requested from the Puerto Rico Treasury Department a new property taxes debt certification and also requested the same from the Center for Municipal Revenue Collection ( CRIM ). The result from the two documents was the same : Banco Popular is the responsible of this property tax debt ( both certifications are attached ). After I proved them, for the second time, that they were wrong, they began to delay the process. Mrs. XXXX XXXX NEVER answered my calls again, nor the others customers service officers would help me by phone. So, I went personally to their offices located in the XXXX XXXX  XXXX XXXX, in XXXX XXXX Puerto Rico. There, I requested to speak with the supervisor or manager. After a long waiting period, Mr. XXXX XXXX, Supervisor to the Loss Mitigation Mortgage Servicing Division had me in his office and I was able to explain him everything. He told me that he was going to work on my case by himself and that he was going to contact the Banco Popular Taxes Department to see what was going on. After a couple of calls and days, he referred the matter to another Banco Popular Division ; Mortgage Servicing Division. After that, and several days later, Mr. XXXX called me and told me that Mr. XXXX, a supervisor on that division, would attend me personally in his office in XXXX, Puerto Rico. 

So, on XX/XX/XXXX I had a very brief meeting ( 5-10 minutes ) with Mr. XXXX who then referred the matter to Mr. XXXX XXXX. Both, Mr. XXXX and Mr. XXXX agreed that the documents were very clear and that the debt was not mine. I was told by them that there were two ways of solving this : claiming the amount to the banks errors and omissions insurance or claiming it to the title insurance. After I emailed Mr. XXXX a couple of documents he requested from me, I left their office with their promise that Mr. XXXX was going to call me in one or two weeks. It just did not happened. 

On XX/XX/XXXX I called to their office following up the matter. The called was taken by Mrs. XXXX XXXX who told me that Mr. XXXX could not take my call because he doesnt speak by phone with clients. She then told me that there were no notes in the case that Mr. XXXX and Mr. XXXX opened and that they have until XX/XX/XXXX to complete it. I asked her to told Mr. XXXX to call me, so she wrote him an email ( that was what she told me ). 

I did not received any calls and on XX/XX/XXXX I called again and asked for Mr. XXXX. The call was answered by Mrs. XXXX XXXX. Mrs. XXXX informed me that Mr. XXXX could not take my call because he doesnt speak by phone with clients and that my case was sent by Banco Popular to the Puerto Rico Treasury Department to see if they would do something about the debt ; she ad

ded that it could take up to 90 days. Since I have been waiting for four months now, and with her estimate may need to wait three m
ore, obviously I was raged. I had my loss mitigation application approved on XX/XX/XXXX and Banco Popular has been trying to make me pay their property taxes debt for three months now. On that same day, XX/XX/XXXX, I went personally to their offices and asked to speak with Mr. XXXX. Then, he notified me what Mrs. XXXX XXXX told me before : the case was sent by Banco Popular to the Puerto Rico Treasury Department. Then, he handed me a copy of a letter ( a copy is attached ) dated XX/XX/XXXX ( the very same date when I called and Mrs. XXXX XXXX told me there were no notes in my case ) and addressed to me explaining that the Banco Popular Taxes Department asked the Puerto Rico Treasury Department a special petition to see if they would ERASE the property taxes debt and that, if they not, IT WOULD BE MY RESPONSIBILITY TO PAY IT. Believe it or not, they insisted AGAIN to try to make me pay their debts. I told Mr. XXXX that this was a disrespect for me and that they were trying fraudulently to get money from me and that I was going to file whatever complaints I had to, so regulators would be aware of this kind of scam. 
With this kind of scam, they are not just trying to make pay their property tax debt, they also deprived me my right to close my loss mitigation loan modification which, as today, was approved 93 days ago. 

I respectfully ask from this Bureau to take any actions necessary not only to stop Banco Popular from this fraudulent scam against me, but to refer this incident to any federal office or department with jurisdiction to prosecute this kind of actions and practices. I am pretty sure that this is not legal. I am available to be interviewed or deposed under oath if necessary. I may take additional legal action against Banco Popular as  they are causing me and my wife economical, mental anguish and serious anxiety damages.

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