Consumer complaint received 2022-01-03
Company: Ark-La-Tex Financial Services, LLC
State: KY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Complaint Regarding Benchmark Mortgage Benchmark, XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX, Texas, XXXX Company XXXX ( XXXX ) XXXX XXXX : Complaint : The company sold our new mortgage, prior to even allowing for the first payment to their company, without ever advising us in advance to allow for a timely payment to be made to a new mortgage company. This nefarious business tactic was unwarranted and a very unprofessional action. Because of the handling of this transaction on the part of Benchmark Mortgage, we were forced to send a late payment because a timely mortgage payment to the new mortgage company was not possible. 

We had made already made our initial mortgage payment by check and sent to the Benchmark Mortgage on XX/XX/XXXX. This was done to assure that the first and initial payment was timely and well in advance of the due date of XX/XX/XXXX. However, without any prior explanation or communication, XXXX XXXX from the company 's main office sent a tardy email to us, well after normal business hours at XXXX pm XXXX, on XX/XX/XXXX. The message advised that our payments are Not Being Accepted by Benchmark Mortgage and are now due to XXXXXXXX XXXX as of XX/XX/XXXX. The message advised that the check for our first mortgage payment was being returned to us. Thereafter, XXXX conveniently took vacation the next day, followed by the XXXX XXXX holiday and weekend, thus unavailable for a timely discussion or explanation. XXXX 's email message advised that we could call him with any questions, which was not possible on a timely basis, causing us undue distress and anxiety. 

We followed the advice of Benchmark officials to send the first mortgage payment to Benchmark with coupons provided to us at the closing of our mortgage. Obviously the company 's communications, both internally and externally, were sorely lacking. No one checked, or apparently even cared to check with regard to the instructions for our first mortgage payment that had been provided to us by the local officials that handled our mortgage application and closing.

If Benchmark 's policy was not to transfer funds to a new mortgage lender and to expect us to chase down the new mortgage lender in order to handle that transaction, we should have been advised much earlier. This action was a poor business tactic, at the expense of the customer 's peace of mind and ability to make a timely payment to the new lender. It appears that we had barely signed our closing documents when the mortgage was sold without our timely knowledge. Benchmark Mortgage failed to provide good customer service and consumer advice with regard to this loan. 


Chronological Events : XX/XX/XXXX- Met to discuss refinance with XXXX XXXX, Mortgage XXXX, Benchmark Mortgage. 

XX/XX/XXXX - Signed XXXX XXXX and obtained Closing XXXX XXXX. 

XX/XX/XXXX - Closing Date for Loan XXXX ; Two Coupons provided at closing by Closing Agent to be used for payment to XXXX XXXX XXXX XXXX XXXX Benchmark Mortgage. The official at the closing said to send the first payment to Benchmark Mortgage Company. 

XX/XX/XXXX- XXXX to make our first payment, but we had not received coupon with monthly statement. Received an email on XX/XX/XXXX from a company called XXXXXXXX XXXXXXXX XXXX, advising of being a new mortgage provider. We had received NO correspondence by mail from a new company yet or any advisement from Benchmark that the mortgage had been sold. Phone call made to XXXX to confirm who/where to send first payment. He was unaware that the new mortgage had already been sold to a new company for servicing. We were advised again to send the first payment to Benchmark using the coupon provided to us at closing. XXXX specifically stated that the funds would be transferred to the new provider. 

XX/XX/XXXX - Mailed personal check # XXXX, in the amount of {$2300.00}, to Benchmark Mortgage using coupon provided at closing. 

XX/XX/XXXX - Correspondence package and documents from XXXX received in the mail. Phone call was made to XXXX ; spoke with ( XXXX XXXX advised her that we had already sent first payment to XXXX Benchmark Mortgage XXXX XXXX advised funds will be transferred and not to worry about late payment or XXXX XXXX. 

XX/XX/XXXX - XXXX pm email from XXXX XXXX, XXXX Servicing Accountant, Benchmark, XXXX XXXX XXXX XXXX XXXX TX XXXX Email advised payments are due to XXXX as of XX/XX/XXXX and requested check be returned to borrower by XXXX XXXX. Attachment to this email was a letter dated XX/XX/XXXX, stating that Benchmark was no longer forwarding loan payments in which servicing has transferred to a new investor, XXXXXXXX XXXX loan # XXXX. 

XX/XX/XXXX - Phone call to XXXX at number listed on email. Call could not be completed. Phone call to Benchmark Servicing Department and advised we could not reach XXXX, who was out of office! They would have team member return my call. Phone call from ( XXXX ) advised him to send my check back and to inform XXXX that I did not appreciate an email at XXXX pm, XXXX days before the due date of my first payment, when I had already made the payment XXXX days prior, as advised by Benchmark officials. 

XX/XX/XXXX - Phone call to XXXX XXXX, Benchmark Mortgage Officer, advising him Benchmark had done a serious disservice by selling our mortgage before the first payment was due. This is not what I would describe as adherence to a Benchmark Core Value ; Relationship Building, especially with a repeat customer who followed the Benchmark Mortgage XXXX 's instructions for making the first payment. I requested XXXX to register a formal complaint with the company. 

XX/XX/XXXX - Phone call to XXXX XXXX  ( spoke with XXXX ) requested information on how to make a timely payment, now due in two days. XXXX would only accept a direct withdrawal from a bank account ; a credit card payment would not be accepted. We did not want to start automatic payment withdrawals, since we had previously requested to receive statements each month to make our mortgage payments by check via US Mail. XXXX advised we had a fifteen day grace period to make the payment and not to worry about late payment or our credit score. 

XX/XX/XXXX - Mailed Check # XXXX to XXXXXXXX XXXX for XX/XX/XXXX mortgage payment, which was the initial payment for the new mortgage. 

XX/XX/XXXX - Received original XX/XX/XXXX check back from XXXX via XXXX. 


Complaint made by : XXXX and XXXX XXXX XXXX XXXX XXXX XXXXXXXX, KY XXXX Phone # XXXX or XXXX email : XXXX or 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