Consumer complaint received 2022-01-12
Company: CARDINAL FINANCIAL COMPANY, LIMITED PARTNERSHIP
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
My liens are with Cardinal Financial Company , Limited Partnership, for the two loans agreed upon and those liens have been released, right now, we need to have them send over a Release of Lien form so that the buyer is protected and we close on XX/XX/XXXX. Their failure to provide this document will cost me thousands of dollars in damages. 

Loan : XXXX Loan : XXXX XXXX XXXX XXXX XXXX, XXXX, TX, XXXX. 

Owner Name : XXXX XXXX XXXX DOB : XX/XX/XXXX SS # XXXX Cardinal Finance Company , Limited Partnership has confirmed they no longer have any interests in the property and the liens on the property so they legally required to record the release of lien . With that, property is clear. I have visited the county clerks in personal and gathered all the records if you need them. The only information regarding the property are recorded and the tax payments are covered. I visited the tax office and they told me that they can not stop anyone from paying another persons taxes and they can't stop them. I asked if they could prevent please prevent the current party that paid the taxes, XXXX  XXXXXXXX and XXXX XXXX from paying it, they can not, so if that is a company that wants to cover the taxes year for the owner, they can continue to do so and that they hold no interest in the property just because they are paying the taxes. I spoke with a young lady at the counter and another at her work station and she pulled up the information for me and printed it out. 

Also, for our buyer, the liens that were filed are not " Perfected '' for a number of reasons, but mainly because their is fraudulent information on the Deed of Trust Lien. The FHA Case No. XXXX is made up, which is fraud. There are no records that match those numbers, therefore the lien is not a " Perfected '' lien so it is non enforceable in Texas, and given that the secondary lien is based on the prior lien, neither is legally binding nor enforceable. To confirm this, go to HUD.gov and input the information, or call XXXX or email them at XXXX. I have the screenshots if you need them as well. With this, any agreement made off of these two agreements are made in fraud as well and Cardinal Financial Company , Limited Partnership, is legally obligated to take on any damages based on this alone. Also, the company has sent me a number of fraudulent documents so I am Also, it was the responsibility of Cardinal Financial Company , Limited Partnership was obligated by state law to record the release at the county clerk office. Since they did not, they failed to legally process their paperwork, so again, they were out of compliance, and are responsible for any damages that occur regarding the lien. 

There are no other " Perfected '' liens on the property and I have no judgements filed against me so the title is clear, and according to Texas state law, I have a right for a fair and legal transaction. 

Cardinal indicated already, to myself and your office, and recorded, there is no balance so they no longer have interest in the property and are due no funds at closing. These conversations were recorded. 

" Cardinal Financial Company , Limited Partnership is refusing to send me a release of lien form, releasing their interest in my property, illegally. This is both illegal and unlawful and must be corrected immediately. The initial agreement was found to be made in fraud as well. 
The FHA Case # is not registered with HUD.gov. The company violated its required deadlines to submit all pertinent information regarding my property at the XXXX XXXX Clerks office. 
The company is also sending me fraudulent documentation, and providing fraudulent information to outside parties. 
The company has yet to be able to provide me with any legal documentation to verify the Transfer of the Loan. 
The Loan Number XXXX on the documentation was not mine. This is more fraud. 
Also, Cardinal admitted on the record already there is no balance due to the company, and loans have been transferred but the company refuses to submit the release of lien. The deadline to file the paperwork has long passed. 
This is illegal and unlawful and I feel kidnapped in my own property by the bank and this is an infringement on my constitutional rights. The closing for the property is on XX/XX/XXXX so we need this information sent so we do not suffer any more damages due to their actions. " WHAT WAS THE RESPONSE? 
XXXX XXXX XXXX reply-to : XXXX XXXX  XXXX to : XXXX date : XX/XX/XXXX, XXXX PM subject : Re : [ # XXXX ] : XXXX XXXX | XXXX XXXX | TIME SENSITIVE : Please send me a letter indicating that I do not owe cardinal financial any money - mailed-by : XXXX.cardinalfinancial.com signed-by : cardinalfinancial.com Hello XXXX Good afternoon, Unfortunately, as XXXX advised, Cardinal Financial would be unable to produce a Release of Lien as both loans were sold. We advised the loans were sold to the XXXX  XXXX and XXXX XXXX in XXXX. The release letters inform that the servicer of these loans would be XXXX XXXX XXXX. I have attached the service release letters that were issued for both loan numbers. XXXX  XXXX XXXX XXXX XXXX would have to complete the lien releases. 
XXXX XXXX XXXX XXXX XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Word Document from Cardinal Financial ( Supposed sent Letter ) XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX Servicer Loan Number : XXXX ( Unknown Loan, fraud ) NOTICE OF SERVICING TRANSFER Dear XXXX XXXX : The servicing of your mortgage loan is being transferred, effective XX/XX/XXXX. This means that after this date, a New Servicer will be collecting your mortgage loan payments from you. Nothing else about your mortgage loan will change. 
XXXX XXXX XXXX  XXXX, who has been subservicing your loan under a contractual agreement with Cardinal Financial Company ( " Present Servicer '' ), is now collecting your payments and will stop accepting payments received from you after XX/XX/XXXX. Your New Servicer is XXXX, a division of XXXX  XXXX XXXX XXXX XXXX ( " New Servicer '' ), and will begin accepting payments on or after XX/XX/XXXX. 
Send all payments due on or after XX/XX/XXXX to your New Servicer at this address : XXXX XXXX XXXX XXXX, ID XXXX If you have any questions for either your Present Servicer, or your New Servicer about your mortgage loan or this transfer, please contact them using the information below. 
Present Servicer New Servicer Customer Service Department Customer Service Department XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX, ID XXXX XXXX Page 2 of 2 XX/XX/XXXX Loan Number : XXXX ( Unknown Loan, fraud ) If you are currently paying accident and health, disability, life or any other type of optional insurance with your mortgage payment, this service will discontinue with the transfer of servicing. If you wish to retain optional insurance, we would suggest that you contact your current optional product service provider. 
Under Federal Law, during the 60-day period following the effective date of the transfer of the loan servicing, a loan payment received by your Old Servicer on or before its due date may not be treated by the New Servicer as late, and a late fee may not be imposed on you. 
Sincerely, Cardinal Financial Company XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - Word Document from Cardinal Financial # 2 ( Supposed letter sent ) XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX TX XXXX Present Servicer Loan Number : XXXX NOTICE OF SERVICING TRANSFER Dear XXXX XXXX XXXX The servicing of your mortgage loan is being transferred, effective XX/XX/XXXX. This means that after this date, a New Servicer will be collecting your mortgage loan payments from you. Nothing else about your mortgage loan will change. 
XXXX XXXX XXXX XXXX, who has been subservicing your loan under a contractual agreement with Cardinal Financial Company ( " Present Servicer '' ), is now collecting your payments and will stop accepting payments received from you after XX/XX/XXXX. Your New Servicer is XXXX, a division of XXXX  XXXX XXXX XXXX XXXX ( " New Servicer '' ), and will begin accepting payments on or after XX/XX/XXXX. 
Send all payments due on or after XX/XX/XXXX to your New Servicer at this address : XXXX XXXX XXXX XXXX, ID XXXX If you have any questions for either your Present Servicer, or your New Servicer about your mortgage loan or this transfer, please contact them using the information below. 
Present Servicer New Servicer Customer Service Department Customer Service Department XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX, ID XXXX XXXX Page 2 of 2 XX/XX/XXXX Loan Number : XXXX If you are currently paying accident and health, disability, life or any other type of optional insurance with your mortgage payment, this service will discontinue with the transfer of servicing. If you wish to retain optional insurance, we would suggest that you contact your current optional product service provider. 
Under Federal Law, during the 60-day period following the effective date of the transfer of the loan servicing, a loan payment received by your Old Servicer on or before its due date may not be treated by the New Servicer as late, and a late fee may not be imposed on you. 
Sincerely, Cardinal Financial Company XXXX

Company response to consumer: Closed with explanation