Consumer complaint received 2019-08-12
Company: FIRST NATIONAL BANK OF OMAHA
State: KS
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I previously wrote a complaint to the CFPB about the problems on our recent mortgage refinance. The problems are continuing and First National Bank of Omaha failed to properly address the problems when replying to the previous complaint. 

In XXXX, we received a notice from the XXXX County Tax Assessor 's office stating our taxes were delinquent. Despite escrowing the taxes and insurance when we refinanced back in XXXX, First National failed to pay them. My wife addressed the problem with XXXX XXXX, the branch manager in XXXX, and I filed a complaint with the CFPB and our state attorney general. At the time, the claimed it was an oversight. They then paid the taxes with the late penalty. They replied to the attorney general and the CFPB stating the taxes were paid. 

About two weeks later, we received a message from a person named XXXX in their mortgage department. She left a message stating they were needing to go through escrow options which made no sense because this was all taken care of when the loan closed. When my wife called her back, she stated they didn't properly collect closing costs at the time of close. Nearly XXXX XXXX in closing costs. My wife stated we had initially received documents stating around XXXX XXXXXXXX was needed at close, but the loan officer stated this was a mistake and we would receive adjusted closing costs prior to close of {$0.00}. She stated this in writing by e-mail and over the phone. XXXX stated we only had two options : adjusting the payment over 24 months or 12 months. The lesser of the two would jump the payment about {$60.00} a month. 

As my wife discussed with XXXX over the phone, XXXX XXXX, our loan officer, as well as the loan processor, clearly should have drawn up documents correctly. This was a refinance done done with them -- they were not paying off another lender. We did it to lower the APR, to lower the term, and to make our payment no more than {$1600.00} per month. We refinanced out 1st and HELOC loans into one. We made an exception and increased the payment to {$1600.00} when we decided shortening the term to 15 years would be the best option. It is absolutely rdiculous that they disclosed this loan inproperly in writing by e-mail, over the phone, and by loan documentation. XXXX clearly stated that closing costs would be adjusted to {$0.00}, defining it as adjusting costs such as settlement and processing fees. No mortgage company in their right mind adjusts it to {$0.00} through escrow costs, lets the taxes go past due, and then adjusts it to a higher payment after getting called on for doing loan paperwork incorrectly. 

As I stated to XXXX over the phone, because they stated closing cost would be adjusted to {$0.00}, the need to rework the settlement statement and adjust and absorb costs listed. I have discussed this with a friend who is a compliance director with another mortgage company and she stated they should make adjustments since they clearly promised they would do so in writing prior to the mortgage closing. This friend also ran the scenario past their legal department and they agreed. 

XXXX stated they would get back with us on this and they have not done so. She stated she would forward the problem to the head of the mortgage department, XXXX XXXX, as well as the president of the complaint department. This was on XXXX. To date, we have yet to hear a reply. 

I am attaching the e-mail correspondence from XXXX XXXX. I am also filing another complaint with our state attorney general. 

Finally, First National Bank has not been properly reporting our mortgage payments to XXXX, XXXX, or XXXX. Some months they list that we have made the full payment, others double the payment, and other months half of the payment. We always paid our full payment each month by the XXXX. They was they are reporting it, it makes it look 1-29 days past due, like we can't afford to make our payments as agreed. We have disputed the payments with the credit bureaus.

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 monetary relief