Consumer complaint received 2023-12-28
Company: LAKEVIEW LOAN SERVICING, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-lieu

Complaint:
I have a mortgage loan through XXXX, which is subserved by Lakeview Loan Servicing. One can not choose his or her mortgage servicer. 

It came to my attention a few months ago that when completing its XXXX escrow analysis on my new home, this negligent servicer based its projection of property taxes, due in XXXX of each year, on the value of the dirt lot before the house existed. A reputable servicer would have based the tax projection on, at minimum, the appraised value of the house or one comparable in the vicinity. This organization has a duty to engage in reasonable escrow analyses when annually calculating mortgage payments. This was brought to the attention of this servicer on XX/XX/XXXX via complaint submitted to the XXXX XXXX XXXX in which I requested contact by the business after realizing I had a substantial escrow shortfall. They acknowledged receipt of the complaint on XX/XX/XXXX. On XX/XX/XXXX, they sent me an e-mail attaching a document I signed at closing for XXXXXXXX XXXX a completely different entity, indicating property taxes may increase during the second year of homeownership. What Lakeview fails to recognize is that XXXX XXXX properly forecasted property taxes at the time it was my servicer/lender. It is unclear why Lakeview attached a document from an entirely different mortgage servicer when justifying their own negligence. All this accomplished was demonstrate that XXXX XXXX  performed a valid escrow analysis. I of course responded immediately and have sent several e-mails to them since, to no avail. 

Lakeview has consistently failed to address why they negligently performed an escrow analysis in XXXX using the value of a dirt lot when they themselves were in possession of the very document they supplied warning of the property tax increase. Despite numerous e-mails and them failing to timely respond to the XXXX complaint ( which they have currently requested more time on ), they have failed to ( 1 ) have someone in a position of authority contact me to discuss how and why this occurred and ( 2 ) explain how the matter will be resolved. This has been requested numerous times to no avail, with no meaningful contact by anyone from this organization. 

Because of their failure to properly forecast property taxes, only around {$4000.00} was in the escrow account at the time the tax bill came due in XXXX. The tax bill was over {$100000.00}. Based on their XXXX escrow analysis, just completed, there is now an escrow shortage of over {$8000.00}. This organization now intends to increase my mortgage payment, effective XX/XX/XXXX, from about {$2400.00} per month to over {$3700.00} per month due to their own inability to properly forecast property taxes in XXXX. Naturally, this makes the house unaffordable and is over 50 % higher than I am used to paying. Further research has unveiled hundreds of similar complaints filed against this servicer that currently holds a 2.2-star rating on XXXX based on nearly XXXX customer reviews and a 1.08-star review based on hundreds of reviews submitted by consumers to the XXXX XXXX XXXX. The shocking pattern of escrow complaints and errors is worthy of serious investigation. 

Some examples of homeowners with escrow issues are as follows : XXXX XXXX : After complaints to the Consumer Financial Protection Bureau citing crippling escrow errors resulting in an increased mortgage payment of nearly {$500.00}, Lakeview finally agreed to credit just half of the shortfall. This person is now working with the Attorney General of Florida and will involve other regulatory agencies to formally address this organization 's pattern of escrow irresponsibility. 
XXXX XXXX : Cites an over {$900.00} increase in his mortgage payment following transfer to this servicer due to escrow errors. 
XXXX XXXX : Filed a 2-star review against this company for escrow errors. 
XXXX XXXX : Failure to properly pay insurance out of escrow, resulting in cancellation of his homeowner 's insurance, and, due to its own errors, Lakeview then charged the homeowner fees for not having homeowner 's insurance. 
XXXX XXXX : Cites a {$280.00} per month mortgage payment increase stemming from escrow errors XXXX XXXX : Escrow errors XXXX XXXX : Escrow errors and failure to pay resulting in cancellation of homeowner 's insurance XXXX XXXX : Cites numerous increases to her mortgage payment due to escrow analyses performed incorrectly. This person will no longer be paying her mortgage and has contacted an attorney. 

It will soon be time for me to file a civil suit for negligence, breach of contract, and breach of fiduciary duty, which has a high chance of being certified as a class action. The pattern of reprehensible behavior by this organization evidenced by its failure to properly forecast property taxes on thousands of homes, thousands of resulting complaints from consumers, and dramatic increases to monthly mortgage payments due to escrow errors, is disturbing. The organization does not timely respond, if it responds at all, to information requests, does not contact those who submit inquiries, and shifts the burden of its own negligence onto homeowners by dramatically increasing their monthly payments, resulting in foreclosure. 

Under no circumstances should a person 's mortgage increase by over 50 % because a servicer did not correctly perform an escrow analysis in the year prior. This is the servicer 's responsibility -- not the homeowner. It is time for accountability.

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