Consumer complaint received 2022-01-14
Company: SUN WEST MORTGAGE COMPANY, INC.
State: SC
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
We are lodging a complaint against Sun West Mortgage Company, XXXX ID : XXXX regarding an ongoing debacle that has persisted since XX/XX/XXXX, including but not limited to lack of clarity on : 1 ) .Repayment options available at the end forbearance plans, 2 ). Communication issues related to forbearance, 3 ) .Delays from the servicer with regard to loan modification, and 4 ). Erroneous credit reporting during forbearance and modification period, etc. 
Due to the Covid-19 pandemic, our VA home loan was under CARES Act forbearance from XX/XX/XXXX through XX/XX/XXXX. On or around XX/XX/XXXX, Sun West Mortgage was contacted regarding our options for getting the mortgage on track once forbearance ended and possibly desiring to end it early ( XX/XX/XXXX ) so that the mortgage payments could resume and we could refinance. Sun West indicated in multiple conversations that refinancing was not an option we would have with them. Several conversations took place during this two month period that went undocumented. 
On XX/XX/XXXX, Sun West Mortgage intentionally reported the mortgage 30 days late for XX/XX/XXXX while it was under CARES Act forbearance, presumably to prevent us from the option of refinancing with another company. We contacted them immediately on XX/XX/XXXX when notified by another lender of the report. This matter had to be escalated several times to no avail until finally reaching an XXXX XXXX ( Servicing Team Lead ) on XX/XX/XXXX who sent an email instead of the requested explanation on company letterhead. The written letter was not received until XX/XX/XXXX. By this point the damage the reporting had on the borrower 's credit score was significant and halted the refinance process with two lenders. During this period a partial claim modification with Sun West Mortgage was discussed and sent out by Notary on or around XX/XX/XXXX. The partial claim agreement for modification was structured wrong and both we and the Notary contacted Sun West Mortgage that day to advise. We also contacted the VA concierge to have them contact the mortgage company on the proper structuring of the Partial Claim Modification. Naturally, the forbearance was ending on XX/XX/XXXX so we resumed making online payments on XX/XX/XXXX. 
On XX/XX/XXXX, we received a letter from Sun West Mortgage indicating " we would like to work with you on a Loss Mitigation Home retention ... A Workout Package or request for additional information has already been mailed to you ''. Three days later on XX/XX/XXXX, we received two certified letters address to us individually of " Notice of Default and Intent To Foreclose ''. We contacted Sun West believing this was an error and were told we needed to speak with a specific agent in Loss Mitigation, XXXX XXXX. We left several voicemails between XX/XX/XXXX and XX/XX/XXXX and never received a return call from this agent. 
On XX/XX/XXXX, when we attempted to make our next online payment we received a message that our account was essentially blocked for online payments and we needed to call the number to make payments. When we called, we we expressly told that we Sun West would no longer accept monthly payments for the loan and the full amount from the forbearance period would need to be paid by XX/XX/XXXX for regular monthly payments to resume. 
We called the VA concierge on XX/XX/XXXX who emailed Sun West immediately requesting " borrower be provided with clarity and detailed loss mitigation status ''. 
On XX/XX/XXXX. XXXX, Sun West reported the loan 120-days delinquent to the credit bureaus for XXXX, XXXX, XXXX, XX/XX/XXXX during the forbearance period. This impacted the credit score again, dropping it significantly. We had to contact Sun West again to have this erroneous reporting corrected. 
We finally received the corrected Partial Claim Modification documents on XX/XX/XXXX, more than two months later. The documents were signed, notarized, and returned around XX/XX/XXXX. We received a phone call from Sun West approximately XX/XX/XXXX that a correction was needed on a witness signature for the documents and they would send that page only back via XXXX. We received it and made the correction and mailed back around the XX/XX/XXXX. 
On XX/XX/XXXX, we were once again unable to continue making payments as the CARES ACT forbearance allows and when attempted with a phone agent, the Sun West agent again indicated that he was being blocked from making payments also. 
We spoke with multiple individuals from both customer service and the loss mitigation assistance department and none were able to advise us on why we are unable to continue our monthly payments like we began on XX/XX/XXXX. 
On today, XX/XX/XXXX, we called Sun West again to follow up the status of the Partial Claim Modification and were told " Sun West is restructuring the documents and resending them soon '' by XXXX ( XXXX. Assistance Loss Mitigation Team ). 
When ask XXXX when will Sun West remove the block for us to resume monthly payments as the CARES ACT allows, she stated you can always make payments. When we clarified for her the issues we have had and lack clarity of the payments being blocked, she indicated that back in XXXX when the modification was denied, the letter of intent to foreclose was sent and the full amount required to be paid that created our inability to make online payments. However, she could not explain as to why we had been told repeatedly we could not make phone payments directly with Sun West representatives for the past two months and proceeded to schedule multiple payments for the account. 
We have full and complete documentation of everything discussed here. Understanding that Sun West had the ability and options, and our full cooperation to resolve the issues of this complaint for more than 6 months now, we are hoping for some type of accountability that corrects Sun west actions and mishandling of consumer accounts. Specifically of creating unnecessary delays that negatively impacts and affects the consumer 's credit, finances, and financial abilities to handle their responsibilities.

Company response to consumer: Closed with explanation