Consumer complaint received 2021-05-06
Company: AMERISAVE MORTGAGE CORPORATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
We began the refinance process on XX/XX/XXXX with Amerisave with a promised rate of 2.85 %. At that time we were looking to get cash out to us. Since then we keep getting lead into believing we are so close to closing and at the last minute are asked for more and more documentation. So far we have worked with XXXX XXXX XXXX Loan Originator ), XXXX XXXX XXXX Loan Processor ), and now XXXX XXXX XXXX Processor ). 

The first month went as typically expected, but we couldnt get an appraisal appointment until beginning of XXXX so that was an initial delay, however we provided all documentation requested up front and quickly and initially, XXXX was quick to respond and the process seemed like it would be simple. The appraisal report was received on XX/XX/XXXX. New Disclosures were provided XX/XX/XXXX and XXXX, and I emailed XXXX on XX/XX/XXXX to fix a few errors that we noticed. New Closing Disclosures were provided later that day and reviewed. XXXX emailed us on XX/XX/XXXX as well saying that our loan was under initial review and that it typically takes 7 days. XX/XX/XXXX XXXX emailed asking if we wanted to payoff the HELOC, at that time we did not. XX/XX/XXXX I emailed XXXX the HELOC note because the portal wouldnt allowed me to upload it. No movement or correspondence until XX/XX/XXXX when I emailed XXXX asking for an update and estimated closing date and received no response. XX/XX/XXXX I emailed her again. XXXX finally responded XX/XX/XXXX and said she checked with underwriting and the loan was still waiting to be reviewed. XX/XX/XXXX we received updated Disclosures again and we reviewed them. XX/XX/XXXX I emailed XXXX and XXXX asking for an update and expected closing date and did not receive a response. XX/XX/XXXX XXXX emails saying we need to sign the Borrowers Authorization ( which we had already done ), so I emailed her the one we had already signed. XX/XX/XXXX I received a notification requesting documents and logged in to see they wanted XXXX XXXX tax forms, which werent expected to even be mailed until XXXX. I stated this and provided everything that I could instead, and stated that we wanted to close as soon as possible. XXXX responded on XX/XX/XXXX that he would work with the processor to find out the delay. XX/XX/XXXX I emailed asking for an update and XXXX responded with, Ive emailed underwriting to see if theres any hold up and we do not need to wait for the w-2 forms, even if were asking of it from you, not all companies release that information at the same time. Youll just provide a one page letter of explanation stating when it arrives. Im hoping that title has already cleared the home equity line of credit resubordination. Once I hear back from the underwriters XXXX have a clearer picture of our ETA to close, it should be this month for sure. Of course, this was not the case. I emailed on XX/XX/XXXX asking for an update and XXXX responded that he was waiting to hear back from underwriting. XX/XX/XXXX there was still no movement and I emailed again asking for an update and expressing that the process was taking much longer than expected and XXXX responded with, We should be expecting a time for the end of this month, our title company has everything they need from us, we are waiting on your institution to provide us with the rest of the documentation. Once completed we are going straight to closing. XX/XX/XXXX updated Closing Disclosures were received and reviewed. I emailed XX/XX/XXXX checking to see if we were going to be closing soon and then received an email from XXXX with updated Closing Disclosures, they had an estimated closing date of XX/XX/XXXX, we reviewed and let them know we ha done so. That date came and went. XX/XX/XXXX I emailed XXXX and XXXX asking for an update and XXXX responded on XX/XX/XXXX with I checked with the underwriter and they stated that on average XXXX  XXXX XXXX takes 25 days to process a subordination agreement. She stated that they finally reached back and are working on fulfilling the request, were at the end of clearing that item so it shouldnt be more than a few days. Once thats done we can move forward to close on your loan. We did have a legitimate hang up where XXXX  XXXX XXXX wouldn't allow our HELOC to be subordinated, letter dated XX/XX/XXXX from XXXX  XXXX XXXX denying the subordination. We were not notified of this letter from XXXX  XXXX XXXX in a timely manner and the letter wanted a response by XX/XX/XXXX, and I wasn't even made aware of the issue or had the ability to contact XXXX  XXXX XXXX until XX/XX/XXXX. Amerisave, to our knowledge, did not respond to Bank XXXX XXXX by XX/XX/XXXX with a counter letter or confirmation of agreeing to the terms XXXX  XXXX XXXX set. After speaking with XXXX  XXXX XXXX myself, they suggested we just roll the HELOC into the loan and pay it all off with the refinance, so we then asked Amerisave to include paying off the HELOC in the refinance, and eliminate any cash out to us. This request was sent to XXXX XXXX on XX/XX/XXXX and he promptly responded saying " no problem, I'll make the changes on my end and that way we can move forward with your closing. '' On XX/XX/XXXX, I reached out asking how long this process will take. On XX/XX/XXXX, XXXX responded that he would get an ETA from the underwriter. I responded expressing my concern that the rate will increase and asked him to confirm that this wouldnt be the case and did not receive a response. On XX/XX/XXXX we finally received a notification that our Closing Disclosures had been updated, we assumed with the changes discussed, however when we reviewed them they did not show the HELOC being paid off and was still showing cash out to us, all that had changed were the dates at the top and they lowered the overall loan amount by the mortgage payments for our current loan we had just paid ( because we continue to make our payments to the other company 8 months into this process ). I responded on XX/XX/XXXX asking for clarification and received no response. I emailed again on XX/XX/XXXX and finally XXXX responded claiming that our only route forward would be to eliminate the cash out and still subordinate the HELOC. I explained that this was not what we had agreed upon 22 days prior to this, and explained again that XXXX  XXXX XXXX had no problems with us paying off the HELOC and had actually recommended doing so. After some back and forth I stated again that we would like to proceed with this route and asked for confirmation and received no response. I emailed on XX/XX/XXXX asking for an update and to speak with a supervisor. XXXX finally responded and said that he was my point of contact and that his manager is very busy. So I followed up with my questions. It took multiple emails back and forth to get XXXX to understand the intent of wanting to pay off the HELOC and that XXXX  XXXX XXXX had actually suggested that. He finally offered to take it to underwriting to get confirmation. On XX/XX/XXXX I received a simple email from XXXX stating Were incorporating the HELOC to be paid off, no subordination. Ill send you out a new disclosure today and get this to closing asap. I did not receive updated disclosures that day. I had logged into the portal and it was asking for some documentation and when I inquired to XXXX about it, he said he was working with the underwriter and those things would change or drop off. I received no further correspondence that day. I sent an email asking for an update and if they needed anything else from us on XX/XX/XXXX and received no response. I emailed again on XX/XX/XXXX and XXXX responded that his assistant was working on updating the disclosures today. New disclosures were not provided until XX/XX/XXXX. I reviewed them immediately and let them know that we did so. In response, XXXX asked if I had business tax return forms XXXX schedule c for XXXX. Neither myself nor my wife had Schedule C forms for 2018 because we didnt have self-employed businesses that required them. I did provide my personal business ( Kelpful ) tax returns going back to XXXX XXXX even though I wasnt getting paid by and there was no profit for that business ) thinking that may be what they wanted. I asked several questions as well, asking for clarification on what they needed, inquiring why they need this information now and its being asked for at the last minute, and received only a response that XXXX would relay the information to underwriting and that they wanted 2 years worth of returns for the self-employed business ( but not clarification on if that was my business or referring to my wife as an independent contractor ). In addition, they were not asking for XXXX tax documents to be uploaded online through their portal, so I spoke to XXXX and gave him my CPAs information because XXXX taxes were not complete yet and could not be provided. On XX/XX/XXXX I received new Closing Disclosures so I reviewed them and emailed both XXXX and XXXX that I had done so and said lets get this thing to close! XXXX responded with Were making great headway and might be able to close by this weekend, all we need to get there are the documents posted today by underwriting. I logged in and looked and it wanted more tax forms for both XXXX and XXXX. I asked for clarification on this given that I had already uploaded many tax documents in the months prior. XXXX said he forwarded my questions to underwriting. I was able to provide everything except the XXXX returns given that the CPA still had not completed them and I gave XXXX the contact information for my CPA. I asked if there were alternatives I could send in lieu of those and didnt receive a response. On XX/XX/XXXX, XXXX finally responded with Hello XXXX, good news, the underwriter cleared the module and we will be getting ready for closing in the next couple of days. Your processor XXXX will handle the rest of the process going forward. As always if you have any questions please let me know, which lead us to believe we were finally at the finish line. On XX/XX/XXXX I received a text message from XXXX, XXXX assistant, saying that they need a few more items and asking me to login to the portal and provide those. I checked, and there was a laundry list of new documents being requests, including some that I had already provided in the past. XXXX responded the same day that he would look into it and get back to me. I reached out on XX/XX/XXXX asking for an update, XXXX response was that he reached out for clarification on the documents and he was able to remove one from the portal so far. On XX/XX/XXXX I went in and uploaded everything it was asking for except for XXXX taxes given that we still dont have those complete by our CPA yet and I stated this again. I also emailed XXXX a copy of XXXX most recent paystub as it arrived that day. XX/XX/XXXX I received another text from XXXX asking to upload documents, I checked the portal and it again still wanted XXXX taxes. I emailed XXXX about it and received no response. XX/XX/XXXX I emailed XXXX and XXXX asking for a status update and if we will ever be closing. I then sent another email after I received a voicemail also asking for the XXXX returns. XXXX responded that day that he would remind underwriting. XX/XX/XXXX I emailed asking for an update and stated that I had just filed a complaint with the Better Business Bureau. I received no response. XX/XX/XXXX I get another text asking for more documents, this time they wanted bank statements. I couldnt get them to upload to the portal so I emailed them to XXXX, I did not receive a response. XX/XX/XXXX I receive a text asking for more documents and I received a phone call from a new representative, XXXX XXXX who claimed to be filling in to XXXX. XXXX also sent an email with a " congratulations! '' sayig that the review of our file was complete. At this point XXXX dont know what happened to XXXX. I spoke to XXXX on the phone who assured me that with these final documents just verifying that XXXX was still doing business currently, we would be good to go, that our loan was already approved with the only contingent verifying shes still actively employed. He said that he always gets folks to close within 10 days and was very nice and seemed confident. They wanted bank statements, which I had already emailed to XXXX on XX/XX/XXXX, so I forwarded that email with the statements to XXXX on XX/XX/XXXX, he requested a few changed to the Profit and Loss we provided showing Jennifers income so I added those and sent the revisions. I also uploaded the letter from XXXX company verifying her employment on XX/XX/XXXX. On XX/XX/XXXX I emailed XXXX asking how things were going and asking if we would be closing soon. He responded on XX/XX/XXXX, saying I just pulled up the loan and see it in declined status for the reason, XXXX is now a 1099 independent contractor and was a W2 employee previously. We would need 2 years of income history under this self employed classification to proceed. Has XXXX been 1099 for the last 2 years? This question is ridiculous, given that we have provided documents dating back to XXXX and have very clearly defined XXXX employment background and status. We are being jerked around never making it to closing and it feels like they are wanting us to walk away at this point and they dont want to actually give us the loan at the rate we locked in. All we want is to close and be done with this. We have never had such a terrible experience. So far, XXXX is not responding to emails or phone calls or returning my voicemail.

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation