Consumer complaint received 2023-08-15
Company: NEW YORK COMMUNITY BANCORP INC
State: TX
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
In XXXX of XXXX, XXXX XXXX heavily damaged my property at XXXX XXXX XXXX XXXX, XXXX Texas XXXX, as estimated by XXXX and the XXXX XXXX XXXX XXXX XXXX ) disaster loan program at approximately {$91000.00} ( Actual Damages approximately {$110000.00} ). The originator of the XXXX, XXXX Mortgage XXXX XXXX. ( XXXX ), offered forbearance on the loan from XXXX, XXXX until XXXX, XXXX. On XX/XX/XXXX, XXXX approved a XXXX XXXX XXXX to my mortgage with a first trial payment scheduled for XX/XX/XXXX. XXXX days later, XXXX Mortgage, XXXX, inexplicably transferred the loan to XXXX Mortgage XXXX XXXX XXXX ( XXXX XXXX. Although I received the notice of transfer sometime in XXXX, XXXX, I was unaware of the transfer until I attempted to pay the first trial payment on XX/XX/XXXX. When I called XXXX to make the payment, I was informed that the loan was " in-transfer '' to XXXX, and that XXXX, XXXX. ( XXXX  ) would be the new servicer. On Friday, XX/XX/XXXX I called XXXX and the customer service representative ( XXXX ) could not access the loan. I attempted to pay the payment again on Monday, XX/XX/XXXX and again the XXXX could not access the account. On XX/XX/XXXX I called XXXX and the XXXX informed me that the loan was in default and pre-foreclosure. I informed XXXX  that I had a pre-existing Disaster Trial Modification dated XX/XX/XXXX. XXXX stated that the XX/XX/XXXX agreement was cancelled due to my failure to make the first payment and that I would be required to submit a new loan modification request. According to XXXX XXXX and XXXX, XXXX did not obtain legal loan administration rights until XX/XX/XXXX. It was therefore impossible for me to pay the payment to XXXX, XXXX or XXXX until XX/XX/XXXX. I submitted a new loan modification to XXXX immediately. In a letter dated XX/XX/XXXX, XXXX denied my new loan modification due to " failure to pay the XX/XX/XXXX trial payment ''. During the month of XXXX, XXXX, I spoke to XXXX  multiple times asking them to reconsider due to the obvious fact that I couldn't pay the payment until the XXXX of XXXX and that I offered to pay the trial payment on XX/XX/XXXX and XXXX  refused to take the payment. On or about XX/XX/XXXX, I attempted to get the second disbursement of my {$91000.00} XXXX disaster loan which is subrogated to the mortgage loan. My XXXX loan XXXX, XXXX XXXX, was concerned about the activities of XXXX in relation to the servicing of the loan and the associated risk to the XXXX loan. XXXX XXXX asked for and received permission from the XXXX to buy the mortgage loan and combine it with my disaster loan at 1.75 % interest for 30 years. On XX/XX/XXXX and XX/XX/XXXX XXXX XXXX, of XXXX 's " Escalation department '' provided payoff quotes to the XXXX and was fully aware that the XXXX was ready to buy the loan to eliminate the risk posed by XXXX 's improper escalation of the mortgage. On XX/XX/XXXX, XXXX XXXX called me to congratulate me and inform me that I would soon be making monthly payments to the XXXX. During the phone call with XXXX XXXX, XXXX XXXX of XXXX called to inform me that she was sorry, but the loan was in full foreclosure, and therefore the XXXX could not purchase the mortgage. She directed me to call XXXX and XXXX, XXXX, ( XXXX & XXXX ), foreclosure attorneys representing XXXX. XXXX XXXX was furious and told me that " XXXX willfully obstructed XXXX Federal agencies ( XXXX and VA ) and a wholly owned XXXX XXXX ( XXXX XXXX ) from protecting their respective loans. '' In XXXX of XXXX, I was seeking documents in regard to XXXX 's previous attempts at foreclosure and speaking to a paralegal at XXXX and XXXX. He inadvertently revealed to me that there was an internal communication from XXXX to XXXX & XXXX dated XX/XX/XXXX. I was informed that the communication still exists and is in the custody of XXXX and XXXX. I was told that the communication was a request from XXXX, XXXX for XXXX & XXXX to electronically file a foreclosure action on the property in XXXX XXXX, Texas. XXXX & XXXX filed the foreclosure on XX/XX/XXXX. This is a blatant attempt to foil the XXXX 's attempt to buy the mortgage loan. From the first contact I had with XXXX XXXX, the company has consistently lied and refused to acknowledge their immediate errors in servicing of my loan that occurred on XX/XX/XXXX. Since then, every loss mitigation offer from XXXX has been inherently flawed and include illegal interest to be added to the principle of the loan, and therefore will always be rejected by me in toto based on XXXX 's compounding mismanagement of the loan. XXXX  XXXX was fired as the XXXX of the loan in XXXX of XXXX, shortly after the XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) forced XXXX  to sign a letter of consent in relation to their " risk management ''. Since then, the new servicer, Flagstar Bank has continued to service the loan based on errors and false information provided to them by XXXX. 
The actions of CENLAR and no doubt other companies that mismanage the servicing of loans affected by natural disasters constitute the basest form of profiteering and are on par with any local scam or con perpetrated by petty shysters on victims of disasters. 

In closing, I would like to point out that it only takes a quick check with XXXX XXXX or XXXX to confirm the exact date that the loan was transferred to XXXX, and that is XX/XX/XXXX and the exact date that XXXX  XXXX obtained the legal right to administer my loan. I am uploading the XX/XX/XXXX Disaster Trial Agreement with XXXX and the first denial letter from XXXX XXXX. If you determine that you need more documents or any other information, feel free to contact me at XXXX or my email address : XXXX Thank you, XXXX XXXX XXXX XXXX XXXX ( retired )

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