Consumer complaint received 2017-11-01
Company: Rocket Mortgage, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
1. I took advantage of a HERO Program upgrade in XXXX which fee assesses to my annual property tax. I provided the lender a copy of the five year repayment schedule. 
2. Lender advised their approval would be been withheld if I had asked in advance. 
3. Lender more than doubled my Escrow fees which was excessive so I requested to cancel the voluntary Escrow Account and was denied 4. Lender quoted from our loan agreement as grounds for refusal : Lender may waive Borrowers obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. 
5. Lenders Senior Escrow agent advised on or about XXXX/XXXX/XXXX that XXXX tax amount could be removed from the coming year 's escrow analysis if I paid the entire {$10000.00} tax in full which I did on XXXX/XXXX/XXXX XXXX. Lender acknowledges receiving receipt copies and that taxes of {$10000.00} are paid in full ( see attached XXXX - {$5500.00} ; XXXX - {$5400.00} ). 
7. Effective XXXX/XXXX/XXXX, lender held my in Escrow account {$6100.00} 8. Lender conducted a new escrow analysis for the twelve months XXXX XXXX on XXXX/XXXX/XXXX and assessed {$1000.00} in new monthly fees while acknowledging all funds will be refunded in XXXX as no tax is due ( e.g. in XXXX XXXX, lender intends to refund me the approx. {$12000.00} collected ). 
9. Lender plans to continue collecting {$1000.00} per month XXXX {$12000.00} over next 12 months ) for taxes already paid. 
Lender refunded {$5100.00} in Escrow Surplus on XXXX/XXXX/XXXX. 
10. I advised lender of Deed of trust UNIFORM COVENANTS : 3. Funds for Escrow Items : " Lender may at any time, collect and hold Funds in an amount ( a ) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and ( b ) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditure of future Escrow Items or otherwise in accordance with Applicable Law. '' 11. Lender refused to provide disclosure for voluntary escrow subjecting me to involuntary escrow rules. 
12. Lender advised I would need a subpoena to obtain taped calls to validate its agent instruction to pay the tax in full. 
15. Lender repeated insinuation that I had ulterior motive, other than comply with its agent 's advice, for paying the tax early 13. Lender is now threatening to withhold applying monthly principal and interest of {$1700.00} to my loan, thus triggering a loan default, if I do not pay the additional {$1000.00} in monthly Escrow fees ( total mortgage payment {$2700.00} ). 
14. This violates RESPA 1024.17 Escrow accounts. C., 1, ii. Charges during the life of the escrow account. Throughout the life of an escrow account, the servicer may charge the borrower a monthly sum equal to one-twelfth ( 1/12 ) of the total annual escrow payments which the servicer reasonably anticipates paying from the account. In addition the services may add an amount to maintain a cushion no greater than one-sixth ( 1/6 ) of the estimated total annual payments from the account or the intent of RESPA. ''

Company response to consumer: Closed with explanation