Consumer complaint received 2020-12-15
Company: Freedom Mortgage Company
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
BACKGROUND : I own the single family residence located at XXXX, XXXX XXXX, XXXX, CA XXXX. I have owned the property since XXXX of XXXX. I refinanced the mortgage with XXXX XXXX in XXXX, XXXX and I started my regular payment on XX/XX/XXXX. Due to the Covid pandemic, I applied for a mortgage forbearance plan in XXXX, XXXX, in accordance with the CARES ACT that was passed by Congress and signed into law in XXXX, XXXX. My mortgage forbearance request was approved by XXXX XXXX, starting XX/XX/XXXX and was extended up to XX/XX/XXXX. On XXXX, XXXX, XXXX, XXXX XXXX informed me in writing that my mortgage was being transferred to Freedom Mortgage, XXXX, IL, on XX/XX/XXXX. I can send documentation regarding the above. XXXX XXXX account No. XXXX. 

DECEPTIVE BEHAVIOR BY FREEDOM MORTGAGE : Freedom Mortgage Account No. XXXX XXXX. On XX/XX/XXXX, I initiated a contact with Freedom Mortgage. At the very beginning of the communication, I was told that the communication should be considered as an attempt to " COLLECT DEBT '' and that any information obtained would be used for that purpose. When I was asked, based on that statement ( which is usually used when a loan account is in default ) whether my mortgage account was in default, I was given an ambiguous answer ( " we have to read out such statements '' etc. ). I was also erroneously informed that my forbearance plan had ended on XX/XX/XXXX. At that time, I informed the customer service supervisor ( XXXX ) with Freedom Mortgage that I am protected until XX/XX/XXXX, by an approved forbearance plan afforded to me by the CARES ACT. However, XXXX informed me that she was going to try to give me an " extension '' of the forbearance plan until XX/XX/XXXX and that it will get " approved ''. When asked, why she needed to give me an " extension '' even though I was already protected until XX/XX/XXXX, by a forbearance plan approved by XXXX XXXX, I was again given an unambiguous answer ( " this must have been a clerical error '' etc. ). 
2. I was very concerned by this suspicious behavior by Freedom Mortgage. So I called back on XXXX ( the next day ) by calling XXXX to discuss the transfer by XXXX XXXX and my account standing with Freedom Mortgage. I was responded to by a customer service representative named XXXX XXXX Teller ID XXXX XXXX at XXXX Pacific Time. At the beginning, XXXX gave me the following disclosure : 1 ) Total account balance, 2 ) Total monthly payment 3 ) interest rate. As I was explaining my previous days ' discussion with XXXX, he informed me that he had already given me an " extension '' of the forbearance plan until XX/XX/XXXX, and that my next payment due would be XXXX XXXX, XXXX. When I informed him about the forbearance plan extension already approved by XXXX  XXXX until XX/XX/XXXX, and asked him why he needed to extend me again, I again received an ambiguous answer ( " must have been a clerical error, I can only tell you what I see '' etc. ). Anyway, he re-assured me repeatedly that I did not need to worry about anything at this time, as I was protected by forbearance plan. However, He appeared to be worried that XXXX XXXX may have reported me to the credit bureaus and that I should check right away with XXXX XXXX. XXXX also informed me that their mortgage company does not begin any foreclosure proceedings for 60 day after " transfer '' of mortgage ( e.g. Transfer date XX/XX/XXXX, in accordance with notice from Quicken Loans ). 
3. On XX/XX/XXXX, as I registered and logged into the Freedom Mortgage website, information in my account page worried me right away. 1 ) Very worrisome is the note on the account is that " Your account is in active loss mitigation ''. As I understand, this is the precursor to foreclosure proceedings. 
4. I also received at written notice from Freedom Mortgage via US Postal Service on XX/XX/XXXX. This notice was NOT an introduction and WELCOME notice to Freedom Mortgage. Instead, it appears that Freedom Mortgage is considering my account to be in default, and are providing information as to what I can do, " ... discuss additional options that may be available to assist you during this important time ''. The notice is full of cleverly written ambiguous language, and nowhere in the notice does it mention that I am protected by an approved forbearance plan and that they are not allowed to report my to credit bureaus in accordance with the CARES ACT. Instead, it includes the following language : " Please keep in mind that we will continue with regular collection efforts on your loan, which may include foreclosure proceedings. We will also continue to report your loan status accurately to the credit bureaus ''. 
Based on the above, I fear that Freedom Mortgage is deceptively trying to foreclose my property, as it clearly appears that their system is considering my mortgage to be in default. I am protected by an approved forbearance plan. All assurances received from Freedom Mortgage was over telephone on XX/XX/XXXX and XXXX, XXXX. They have not sent me any written notice regarding the transfer of the mortgage by XXXX XXXX, or the approved forbearance plan that protects me from foreclosure proceedings until XX/XX/XXXX.

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