Consumer complaint received 2021-12-07
Company: LAKEVIEW LOAN SERVICING, LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I have an FHA Mortgage with XXXX XXXX XXXX Since XX/XX/XXXX, because of COVID-19, I have been in a Forbearance Plan and have made 18 monthly partial payments. As of XX/XX/XXXX, I am 20 months delinquent. Since I can not resume making the full payment, I requested a Loan Modification with Partial Claim. 

I am in possession of the Loan Modification package which did NOT contain any written breakdown of the amounts showing on the Modified Deed of Trust and the Promissory Note for the Partial Claim. Toward the end of the Forbearance period, I was NOT able to contact the Lender by phone because the only number provided required me to enter a partial SS # and then it would state that the SS # was not valid and hang up. I reported this problem a year ago and also more recently via email and the Lenders Contact Us page. Recently, during this Modification negotiation period they have provided a different number for Customer Service. I have talked with several different Service Reps including Supervisor XXXX, and they give rambling lists of items contained in the Modification amounts but no clear numbers. I have requested a WRITTEN breakdown of the Modification debt and in order to expedite, I asked that the breakdown be emailed to me. They did email me an accounting of my escrow account ( for taxes and insurance ) after I became agitated when one Service Rep told me the Lender had not paid the County Taxes. That proved to his error. The written accounting of the amounts included in the Modification has NOT been given. 

The amounts on the Trust deed and Note seem to be near to what I expect and I am nearly ready to sign the documents except for XXXX HUGE PROBLEM. They included an unexpected extra document that is VERY PROBLEMATIC ( attached ) : Errors and Omissions/Compliance Agreement. 

Supervisor XXXX at Customer Service stated that she could NOT COMMENT on the document, that only the Underwriters could ; and no, I could not talk to them. The HUD Housing Counselor with 10 years experience that I contacted said she had never heard of this document and could not find it in her list of FHA documents on her computer. I believe this document to be UNFAIR, FRAUDULENT, ABUSIVE AND POSSIBLY ILLEGAL. 

The Errors and Omissions document states that ( in summery ) XXXX the Borrower will cooperate in the correction of any clerical errors in the document. ( EVEN THE AMOUNTS OWED?? ) THIS SEEMS TO ALLOW THE LENDER TO ALTER THE DOCUMENTS AT ANY TIME. 
XXXX. Borrower will assume Lender 's costs WITHOUT LIMITATION, expenses, legal fees and marketing losses to assure the loan will be acceptable in the marketplace. 
XXXX. Failure to comply ( IN 30 DAYS ) will result in the lender adjusting the modified terms WITHOUT THE BORROWER 'S CONSENT. 

This document NEGATES any relief or advantage obtained by the Modification. If I was not previously responsible for the Lender 's marketing costs, WHY WOULD I BE NOW? If I am in the compromised position of needing a Loan Modification, how could I possibly successfully take on additional costs ( WITHOUT LIMITATION )?? The Lender is not making a legitimate effort to fulfill their obligation to offer a FAIR modification of this Federally insured loan. I believe this Lender is making a grab for the Home equity of a XXXX XXXX  and/or forcing me into foreclosure. 

I will NOT sign this document, nor will I accept any lesser Modification than what is published in HUD 's recent " Letters to Mortgagees ''.

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