Consumer complaint received 2019-06-04
Company: EVERBANK, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
I am filing a complaint against my mortgage company, TIAA Bank for withholding insurance settlement funds from a class action lawsuit in which I filed against my homeowners insurance, XXXX XXXX XXXX XXXX XXXX XXXX 
On XX/XX/XXXX, I filed a claims with my homeowners insurance regarding Hurricane Irma ( XX/XX/XXXX ) in which I was treated unfairly, ending with my claims being denied. On XX/XX/XXXX, I hired a property adjuster, to assist me with my claims, whom after many months and attempts to negotiate with my insurance company, encouraged me to hire an attorney to represent my case. On XX/XX/XXXX, I hired a law firm ( attorney ) to represent me in a class action law suit that was filed against XXXX XXXX XXXX XXXX XXXX XXXX. As a result, the insurance company settled out of court on XX/XX/XXXX. I received my settlement check from the insurance company on XX/XX/XXXX. On XX/XX/XXXX, I notified my mortgage company ( TIAA Bank ) for endorsement, regarding they were one of the names included on the settlement check, alongside Small Business Administration ( SBA   ) Loan. I was instructed by Ms. XXXX XXXX, representative of TIAA Bank, for me and SBA to endorse the check, then send it to them for disbursements. On XX/XX/XXXX, I received an email notification from TIAA Bank stating they received the check. I consistently stayed in communication with TIAA Bank ( Insurance claims check department ) representatives regarding the process and their requirements for the release of my funds. Ms. XXXX informed me that once damages to my home were complete, they will send an inspector to my home to verify that the work had been completed. I was then instructed to send them a copy of an itemized list of damages that was created by the insurance company. I immediately called the insurance company to inquire, regarding I had no knowledge of the list in which the representative was referring. I was informed by the insurance company, and the attorney that represented me that there was no itemized list, and that the insurance company was obligated to send the mortgage company a copy of the settlement affidavit. Just to be prompt, I sent TIAA Bank a copy of the settlement affidavit by certified mail in which they acknowledged via email they received. I disclosed to Ms. XXXX, representative at TIAA Bank that my roof had water damage ( leak ) and that I contacted the City of XXXX XXXX ( City Hall ), and roofing contractors regarding guidelines for roof repair work. I was instructed to send in copies ; estimates, photos, payment method ) in which they acknowledged via email they received on XX/XX/XXXX. I received notification on XX/XX/XXXX that all documents were up to date and that an inspection was ordered for my home, and that someone ( inspector ) would be contacting me. On XX/XX/XXXX, the inspector that TIAA Bank hired to inspect my home arrived, in which he inspected the roof repair work, and took photos of the exterior of my residence. I also agreed to allow him to conduct a walk-through of the interior of my residence in an effort to disclose no further work needed to be done. After completion of the inspection, I signed the affidavit he presented stating my home was in good standing. 
On XX/XX/XXXX, I received a telephone call from an unidentified woman claiming to be the supervisor of the first inspector. She informed me that the first inspector had misplaced the original paperwork and photos, stating that she needed to reschedule a second inspection. I immediately notified TIAA Bank representatives of these accusations made by the unidentified woman in which they confirmed that they were aware. I was told that if I didnt agree to this second inspection, they would not release my funds. At this point, I demanded to speak with a supervisor in which I was denied. After informing this particular representative ( Ms. XXXX XXXX ) that all of our communications had been recorded, she then advised me that she would have someone contact me at a later time. One hour  later, I received a telephone call from TIAA Bank supervisor, Ms.  XXXX XXXX. I informed her of the conversation that took place with Ms. XXXX and me, as well as the conversation that took place with the unidentified inspector supervisor. Ms. XXXX ask me for the contact telephone number for this person in which I provided her with. Ms. XXXX called me back less than 30 minutes, confirming what was said by this inspector supervisor. I informed Ms. XXXX that I had complied with all of their requirements, and was not going to allow them to conduct a second inspection due to their inspector negligent. I then informed Ms. XXXX that documented the entire inspection ; video, audio, and took a picture of the document I signed with their inspector. She then asked me to send her a copy of what I had. I told her that I was not going to send her anything regarding the burden was on them. Ms. XXXX called me back less than 30 minutes stating that they had possession of the document I signed but now need me to agree to allow them to take additional photographs because they didnt have them. I declined allowing TIAA Bank inspector to respond to my residence for a second time to conduct this inspection regarding I had already allowed them to do so. 
On XX/XX/XXXX, I received a telephone call from Mr. XXXX XXXX, ( Manager of the inspectors ) informing me that a new inspector, Mr. XXXX XXXX had been assigned to respond to my residence and conduct a second inspection, stating they already had in their possession photographs of the exterior, however photographs of the inside of my residence were required. I denied them access. 
On XX/XX/XXXX, I called TIAA Bank and spoke with XXXX XXXX ( representative ) and informed her of the conversation I had with Mr. XXXX and Mr. XXXX regarding a second inspection. I requested to speak with Ms. XXXX XXXX and she called me back in less than 30 minutes. Ms. XXXX admitted to having possession of the photographs from the original inspection then stated that they now required photographs of the entire inside of my residence even if there is no damage. I told Ms. XXXX that these requirements were in fact unreasonable and that I refused to allow them to enter my residence and take photographs of every room as they were now requiring. Ms. XXXX informed me that she will their board for review and will contact me at a later date. 
On XX/XX/XXXX, an unidentified woman representing TIAA Bank called me inquiring once again for an itemized list in which I informed her that there was none. She then went on to question me regarding the type of settlement as if she wanted me to go into the detail about the lawsuit. 
On XX/XX/XXXX, I called Ms. XXXX and left her a voice message regarding an update on the status for them to release my funds. 
On XX/XX/XXXX, I called Ms. XXXX and left her a voice message regarding an update for the release of my funds. Ms. XXXX returned my call shortly thereafter and informed me that a decision had been made, and I was not going to receive my settlement funds unless I agreed to allow TIAA Bank to conduct a second inspection, at which time I informed her that I will be filing this complaint. 
I have resided in my residence for approximately seven years and I have never been delinquent with my mortgage payments. This settlement with my homeowners insurance was the first claim that I have ever filed and it was definitely a learning experience. It has thought me that even if I follow the regulations and guidelines, corporations will continue to take advantage of consumers who dont go the extra mile to protect themselves. Throughout this entire process I have kept a timeline to include ; names, dates, times, recordings both audio and video, and copies of all documents signed and submitted. I am currently looking into hiring an attorney to assist me in this matter and would really appreciate your assistance as well, getting to the root of the situation.

Company response to consumer: Closed with explanation