Consumer complaint received 2023-05-09
Company: NEW YORK COMMUNITY BANCORP INC
State: WI
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX Financed VA loan with XXXXXXXX XXXX XXXXXXXX XXXX ( FBFC ) with only lot XXXX ( house lot ) @ 5 % on {$390000.00} ( {$2700.00} monthly )- this mortgage note was done while this property was in our revocable trust and as us as the trustees. 
XX/XX/XXXX Received notice from Flagstar ( FS ) that our loan had been assumed by them from XXXX starting with XXXX XXXX, XXXX payment XX/XX/XXXX we started covid forbearance with FS XX/XX/XXXX we extended covid forbearance with FS XX/XX/XXXX FS extended covid forbearance stating they were not ready XX/XX/XXXX FS extended covid forbearance stating they were still not ready XX/XX/XXXX paid {$2300.00} trial payment XX/XX/XXXX paid {$2300.00} trial payment XX/XX/XXXX paid {$2300.00} trial payment XX/XX/XXXX FS insisted that we removed our property from the trust in order to complete the loan modification. They said the VA required it, even though we originally got the loan while it was in the trust. I filed a quit claim deed and removed as they requested. 
XX/XX/XXXX received loan modification paperwork - FS called and said to disregard it as a maturity date was wrong- they would send new paperwork asap XXXX XXXX XXXX paid {$2100.00} monthly XX/XX/XXXX received revised loan modification at 3.625 % on {$370000.00} ( {$2100.00} monthly ) and {$49000.00} on a deferred note. 
XX/XX/XXXX I noticed when we went to mail the loan modification acceptance back that the title info was incorrect ( it had lots 1, 2 and 3 listed instead of just lot 3 as on original loan ) and I promptly notified FS and they said they would fix it asap On XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX - I followed up to see progress on this issue being resolved, was told it was being worked on each time and escalated to a manager and/or VP or other pertinent dept to fix it XX/XX/XXXX FS stopped accepting our payments- said we were in foreclosure dept, but FS assured me that our title issue was being worked on yet and we would get updated/new loan mod. documents soon XX/XX/XXXX Received notice from FS that because we hadn't returned our XX/XX/XXXX loan modification documents, our file was closed XX/XX/XXXX We received loan modification paperwork, but it was an exact copy of what we had received in XXXX, complete with incorrect title paperwork as well as the original dates as on the XX/XX/XXXX loan modification XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP twice and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP twice and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP twice and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP twice and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP twice and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX Continued to contact FS, assured our situation had been escalated to the proper managers, even the VP twice and that they would fix the issue asap to be patient because they were very backlogged XX/XX/XXXX FS made us fill out a loss mitigation application XX/XX/XXXX I sent a letter to FS detailing this situation regarding the title issue XX/XX/XXXX FS said our application needed more info. 
XX/XX/XXXX FS called to be sure I had sent requested documents from XXXX and I was told they could see that they received something in the mail from me but it wasn't noted what it was yet XX/XX/XXXX FS said we didnt complete the application or provide all documents they asked for and FS closed our application- I actually had provided them with everything they asked for XX/XX/XXXX FS said to fill out a new loss mitigation application, that it was ok to copy my previous one to just change the application date XX/XX/XXXX I filled out a new loss mitigation application and literally copied everything I had sent them in XXXX XXXX along with copying the original loss mitigation application - changing ONLY the date of the app XX/XX/XXXX FS filed foreclosure ( FC XXXX in court ( we did not receive any prior notification or know that they were filing FC until we were served the court paperwork ) XX/XX/XXXX I sent a letter to FS detailing this situation XX/XX/XXXX We were served court FC paperwork - the FC paperwork lists the trust ( which FS made me remove ) and also lists the correct lot ( only XXXX XXXX as on original note ) XX/XX/XXXX FS sent us a letter that our loss mitigation application was complete XX/XX/XXXX I filed an answer to FC and faxed our answer to FS attorneys XX/XX/XXXX received loan modification paperwork at 5.75 % interest with no prinicpal balance shown ( {$3200.00} monthly ) and no deferred principal offered - we do not see our payments applied ( XXXX XXXX XXXX ). 
XX/XX/XXXX I faxed FS an appeal of the loan modification paperwork we received in XX/XX/XXXX XX/XX/XXXX started working with HUD and have been approved for a payment of {$40000.00} to be made direct to FS against our past due amount. This payment will not be made until an agreement is reached with FS regarding the XXXX. 
NOTE : I verified with a local title company that we use and also the register of deeds at my county that each lot has its own parcel number and description. They are not combined and never have been. Further, if we had signed the loan mod. as the title paperwork was, we would have encumbered lots XXXX and XXXX  which we do not want to do. Making them part of the loan was never discussed with FS, nor anyone else. 
The fact that FS continued to accept our payments after the title issue was reported to them shows that they intended to continue working with us to correct the title issue, at no time did they tell me that it was not an error.

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