Consumer complaint received 2021-04-06
Company: AMERIS BANCORP
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I am filing this complaint against Ameris Bank in regards to my refinancing of my existing mortgage. 

I called the Georgia Department of Law earlier today and filed a complaint with them. I spoke with XXXX and she filed my complaint and told me to also file with the Consumer Financial Protection Bureau ( which is what I am doing with this complaint ). I will also be contacting XXXX, XXXX, or XXXX  ( XXXX advised me to only contact one ) to get the damage from Ameris Bank pulling my credit knowing ( only to them ) that they would not be refinancing my mortgage at the interest and payment they told me. 

I first contacted XXXX XXXX, Ameris Bank/Mortgage Division ( or as his e-mail has it " Ameris Bank/ Mortgage Divison '' ), via text message on XX/XX/XXXX about refinancing after receiving several mailers from different companies showing the current record low interest rates. XXXX XXXX initially handled my mortgage when he was working for XXXX XXXX ( before my mortgage was sold to/taken over by XXXX XXXX - this was my first mortgage and I did not know companies did that ). I am a professional stunt performer for movies and television. Our income works strange compared to most incomes which is why I decided to use XXXX XXXX again, even though he was with a new bank, because it seemed he was familiar with how my income works. XXXX XXXX responded with, " Hey XXXX [ return ] Most of those are fake [ return ] Let me take a look for you ''. I texted XXXX XXXX to follow up on XX/XX/XXXX and did not receive a reply. I texted again on XX/XX/XXXX to follow up. He replied with, " Let me look ''. I will include screen shots of text conversations with XXXX XXXX as well as e-mail correspondence with XXXX XXXX and with XXXX XXXX, S.V.P. Sales Regional Manager. 

On XX/XX/XXXX XXXX XXXX sent me the e-mail containing the link to Ameris Bank 's website to apply for refinancing. I completed my application on the same day. 

I was trying to get the lowest possible interest so on XX/XX/XXXX XXXX XXXX said rates could drop again the following the week. With that I replied same day with, " Lets hold off for that one week then. Worst case it only gets better! Thank you, sir. '' XXXX XXXX XXXX reply the following day, XX/XX/XXXX was, " Good Morning [ return ] We should get the ball rolling so when they hit we can lock asap ''. With receiving that e-mail I replied same day with, " Ok great! Let 's do it. '' I did not want to risk losing the interest rate of 2.875 % and a payment of {$1100.00} so when he said we needed to move forward to lock in, to meet filling out all the paperwork, having them pull my credit, and everything else as someone who does not work in the financial world, when a lender says " ... we can lock in asap '' that means that is the rate they are going to lock in for the consumer. 

I was continually checking for updates and would always get responses along the lines of : I'll work on it today, I'll get that done tomorrow, there was always responses like that. 

Finally, I receive an e-mail from XXXX XXXX on XX/XX/XXXX ( over 6 months after completing my application ) and in his e-mail he wrote, " Bottom line is we're at 3.5 % and your payment will be around {$1300.00} - still a huge savings over the {$1600.00} you're currently paying. '' I immediately called him and he seemed very surprised that I was upset that my interest and payments are higher than what I agreed to, signed for, and had my credit pulled for. On the phone call I was agitated but kept my composure. XXXX XXXX on the other hand was as unprofessional as you could imagine. He literally said on the phone call that I was the only one " calling and XXXX about how long it has been taking '' ( please forgive the language, that is a quote ). At the point I was officially done dealing with XXXX XXXX. After three separate phone calls to customer care trying to get a resolution I was given the name, phone number, and e-mail of XXXX XXXX, S.V.P. Sales Regional Manager. Customer service also informed me I had nothing showing in the system. I fortunately was able to locate a loan number from the top of the URLA page. 

After phone calls and e-mails with XXXX XXXX in regards to my file being grossly mismanaged and my rates I was told would be locked in were in fact, not. He asked me if I had signed a lock in form or something like that. I have no idea what that is. I told him I filled out all forms in the Ameris Bank Mortgage portal and that the e-mail from XXXX XXXX said we were locking in my 2.875 % rate and {$1100.00} payment. He then started to defend XXXX XXXX saying I would have had to sign a lock in form or something. I also told him about XXXX XXXX XXXX behavior and language on the phone call and he said he would speak to XXXX XXXX but it seemed as if he would not do much other than say, " You can't swear at consumers '' or something in the slap-on-the-wrist type. After XXXX XXXX told me he spoke to XXXX XXXX and basically repeated the thing XXXX XXXX said even though I had just shown him a lot of evidence. 

After XXXX XXXX said he spoke to XXXX XXXX, I get another e-mail from XXXX XXXX. This e-mail comes on XX/XX/XXXX. This e-mail now rattles off a lot of new things that were brought up after my completion of all of my online forms in regards to being out of work because of covid etc and ends the e-mail with, " At this time, we are unable to continue with your refinance due to the income situation. '' So I went from 2.875 % and a {$1100.00} mortgage payment to 3.5 % and " around {$1300.00} '' to " At this time we are unable to continue ... '' It appears this became a personal vendetta against a consumer ( myself ) for holding XXXX XXXX responsible for the rate and payment I was told we were locking in and I agreed to, signed for, and had my credit pulled for. It looks like it was their way of sticking it to me. 

The other reason they gave for " income issues '' was that I was paid I-9 this year to my loan out XXXX XXXX XXXX XXXX strictly for tax purposes. The only difference between W-2 and I-9 in being a XXXX XXXX XXXX belonging to the XXXX XXXX XXXX XXXX and a union member in good standings is that I can write off all my tax deductions. On W-2 we can only write off I think {$3000.00} maximum or something like that. That's the cost of a stunt harness set-up. I explained my employment has not changed since XXXX, just the paperwork for a different tax setup. Not once was I told the type of tax document I had ( W-2 vs. I-9 would make any difference ). I made almost {$20000.00} last month and they said none of that counts to anything and I have to be paid W-2 for 60 days now. I have now had to switch back to W-2 with productions to appease the lenders and have a chance to refinance, or two years of I-9 income. Again, all brand new news to me. Came out of nowhere. 

I tried to explain my business was formed on XX/XX/XXXX. The reason I wasn't being paid initially to my incorporation was I found out AFTER being paid to my company, XXXX XXXX XXXX XXXX, by a production I worked on in XXXX, TX once already, that unless I operated as a XXXX XXXX XXXX would not pay to loan outs. I got my XXXX XXXX acceptance from the IRS on XX/XX/XXXX. The film industry completely shut down in XXXX and did not return until the tail end of the year, and even then it returned very slowly until XXXX started. Again had I been told once I needed to remain on W-2 I most certainly would have. Being punished for following every direction and step given makes me feel physically sick to my stomach. I did the math, their horrific dealings with my financial profile would cost me {$160000.00} in INTEREST over the next 30 years. It's no small screw-up. 

I finally reached a breaking point of going in circles with XXXX XXXX and XXXX XXXX of them just telling me over and over basically, " Too bad. Maybe in a couple months ... for higher interest and payments. '' Nope, not ok. I need the 2.875 % and {$1100.00} mortgage payment I agreed to when I let you pull my credit and filled out all my documents. My portal was showing " modified '' dates when apparently they were going into my file and changing things. I was never told what was modified any of the times the dates changed. So I have no clue what they did when they did that. 

Ameris Bank 's reply now just keeps being, " We don't make the rules. '' I know they do not make the rules, but they definitely know them in and out. So it is clear they took advantage of myself and my account with no intention of following through with anything we had agreed upon, and then after having issue with everything changing all of a sudden now they can not process my refinance at all now? Extremely suspicious, deceptive, and unprofessional. 

In regards to my monthly income, I do not work a M-F 9-5. I get contacted by the stunt coordinator of a production, then when hired I am working for the production companies as a member of XXXX-XXXX  ( the XXXX XXXX XXXX ) in good standings so I do not make a specific income on a weekly or monthly basis. I average my end of year income and divide by 12 ( number of months in the year ) and use that for monthly income. I earn six figures a year ( exception for XXXX because the film industry shut down from XXXX to XXXX XXXX and XXXX XXXX knows this and has known this. So in XXXX XXXX 's last e-mail ( after I was told by XXXX XXXX he spoke with XXXX ) when he talks about not earning x amount of dollars he knows good and well my income is high and they were just looking for reasons now to not move forward. Hence why XXXX XXXX said early on before the issues with him directly " everything looks great ''. And that was when the film industry was still iffy about when they would be returning. More evidence that it became a vendetta against me for being vocal and demanding my initial signed agreement and not this new one they were trying to push on me, before saying they could not process my loan at all once I refused that offer. 

I will include as many uploads as it will allow me. I have all the text messages and e-mail to share. If I have forgotten anything or left anything out that you need please do not hesitate to contact me. 

***While attempting to upload all of my evidence it will not allow me to upload more than 24 files. I will have to submit the crucial pieces of evidence because of this but I have all my text message correspondence, e-mail correspondence, and documents from Ameris Bank mortgage portal to submit.

Company response to consumer: Closed with explanation