Consumer complaint received 2020-05-30
Company: EVERBANK, NATIONAL ASSOCIATION
State: WA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
Original Complaint # XXXX Originally Filed : XXXX I am filing a new complaint against TIAA Bank as I have discovered that TIAA was dishonest in their reply to CFPB dated XX/XX/XXXX. The letter was signed and sent by XXXX XXXX, XXXX Client Response at TIAA Bank. Ms. XXXX number is XXXX. 

Since I disagreed with Ms. XXXX response, I took her advice and called her on XX/XX/XXXX at XXXX PDT. I left her a message to call me immediately. I did not receive a call back from Ms. XXXX by XX/XX/XXXX. I again called Ms. XXXX on XX/XX/XXXX at XXXX am PDT and since there was no answer, I left a message on her voice mail again asking her to call me by XX/XX/XXXX. I gave her several extra days to respond in light of the XXXX XXXX XXXX. Ms. XXXX never called me back. I then began to closely scrutinize the documents provided by Ms. XXXX attached to her response letter of XX/XX/XXXX. 

I had a conversation on XX/XX/XXXX with a supervisor at TIAA who stated the loan release department was backlogged and the lien release would be sent to XXXX County in approximately 10 days and she would overnight the documents to me when completed. I was unhappy with this answer as I had paid the loan off on XX/XX/XXXX. It was nearly 4 months since the loan had been paid in full and I still had no lien release or satisfaction of mortgage from TIAA Bank. 

As of XX/XX/XXXX, I had received no lien release documents from TIAA nor had the XXXX County Assessors office received lien release documents from TIAA Bank when I spoke to them. I called TIAA again on XX/XX/XXXX and spoke with XXXX. XXXX informed me that the closing documents had been sent to the investor, for completion on XX/XX/XXXX. This was the first Id heard of an investor. I said to XXXX that my loan was with TIAA Bank. XXXX told me that TIAA Bank serviced the loan for XXXX XXXX  and that lien release documents would need to be signed off on by XXXX XXXX. XXXX offered to contact XXXX XXXX  to check the status the of the lien release and would get back to me. XXXX called me back later the same day and said that no one at XXXX XXXX  was available to help and he would get back to me on XX/XX/XXXX on the status of the closing documents. I never heard back from XXXX, despite leaving him several message to return my call. 

I filed the original complaint ( XXXX ) with CFPB on XX/XX/XXXX. CFPB received a reply from XXXX XXXX at TIAA on XX/XX/XXXX stating the reason the lien release had not been filed was because XXXX XXXX  is unresponsive. I was told back on XX/XX/XXXX that loan release documents would be processed in about 10 days. According to XXXX at TIAA on XX/XX/XXXX, those lien release documents were sent to XXXX Bank and TIAA was waiting for the executed documents to be returned. What I found extremely interesting is that the lien release documents sent to XXXX XXXX  from TIAA, shown in the attachment from XXXX XXXX in her response to XXXX, are dated XX/XX/XXXX, not in XXXX as stated by XXXX at TIAA or the supervisor I talked to, both of whom I spoke with on XX/XX/XXXX. Both of these TIAA employees assured me that the release of lien documents had been sent to XXXX XXXX  in XXXX. They evidently did no such thing. Despite this, CFPB closed my complaint, accepting TIAAs word that all of this was XXXX XXXX  fault. 

Being extremely frustrated with TIAAs delay in releasing my lien, lying to me constantly, giving me the run around, not returning calls, and violating Washington State laws, I decided to contact the XXXX XXXX branch that TIAA had listed on the Appointment of Successor Trustee document to see if I could expedite the processing of the lien release documents. The address of this of XXXX XXXX  branch is listed on this document as XXXX. XXXX XXXX, XXXX, WA XXXX. The phone number is XXXX. 

I had no problem getting through to the branch on the first try, even during a pandemic. I must be possessed of some sort of magic touch that TIAA doesn't have since they claim they have never " received a response. '' The man I spoke to said that this is a local branch of XXXX XXXX  and they do not process lien releases or satisfaction of mortgages at this location. They had no record of any documents being sent to this branch by TIAA Bank. The man I spoke to transferred me XXXX XXXX  Loan Servicing Department and I spoke to XXXX. XXXX number is XXXX, extension XXXX. From what I gather, XXXX XXXX  's Loan Servicing Department is located in Ohio, not Washington State. 

XXXX told me that XXXX XXXX has no record of this loan. There is no loan number XXXX with XXXX XXXX, they have no relationship with TIAA Bank that hes aware of, there are no loans or accounts with XXXX XXXX  under XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or any of these 3 peoples social security numbers or birthdates. 

Its now been 6 months and we have no lien release documents, no satisfaction of mortgage documents, nothing that allows us to sell the home or deed it to others. TIAA Bank is now in violation of Washington State Law : RCW 60.04.071 Release of Lien Rights Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of lien rights for which payment has been made, and deliver the release to the person making payment. In any suit to compel deliverance of the release thereafter in which the court determines the delay was unjustified, the court shall, in addition to ordering the deliverance of the release, award the costs of the action including reasonable attorneys fees and any damages. 

RCW 61.16.20 Mortgages, How Satisfied of Record Whenever the amount due on any mortgage is paid, the mortgagee or the mortgagees legal representatives or assigns shall, at the request of any person interested in the property mortgaged, execute an instrument in writing referring to the mortgage by the volume and page of the record or otherwise sufficiently describing it and acknowledging satisfaction in full thereof. Said instrument shall be duly acknowledged, and upon request shall be recorded in the county wherein the mortgaged property is situated. Every instrument of writing heretofore recorded and purports to be a satisfaction of mortgage, which sufficiently described the mortgage which it purports to satisfy so that the same may be readily identified, and which has been duly acknowledged before an officer authorized by law to take acknowledgment or oaths, is hereby declared legal and valid, and a certified copy of the record thereof is hereby constituted prima facie evidence of such satisfaction. 

RCW 61.16.030 Failure to Acknowledge Satisfaction of Mortgages Damages Order If the mortgagee fails to acknowledge satisfaction of the mortgage as provided in RCW 61.16.020 sixty ( 60 ) days from the date of such request or demand, the mortgagee shall forfeit and pay to the mortgagor damages and a reasonable attorneys fee, to be recovered in any court having competent jurisdiction, and said court, when convinced that said mortgage has been fully satisfied, shall issue an order in writing, directing the auditor to immediately record the order. 

Upon discovery of this additional information, I am filing a new complaint with the CFPB. My request is that you expedite my complaint with TIAA Bank and require that they respond immediately. TIAA Banks excuse that XXXX XXXX  is unresponsive no longer holds water and appears to be untruthful. TIAA has illegally, willfully and deliberately deprived us of our legal right to a satisfaction of lien on our condominium that was paid off on XX/XX/XXXX. The delays by TIAA have caused emotional and financial harm to the XXXX family. TIAA Bank has no intention of ever providing any closing documents, that much is clear.

Company response to consumer: Closed with explanation