Consumer complaint received 2022-03-22
Company: U.S. BANCORP
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Illinois US Bank loan number XXXX XXXX XX/XX/XXXX Complaint against US Bank Home Mortgage On XXXX XX/XX/XXXX US Bank and myself entered into a Settlement Agreement due to US Bank 's admission of errors in processing and applying payments in a timely manner. US Bank, starting in XXXX of XXXX, has made numerous errors in processing and applying payments. Also, US Bank is in breach of the Settlement Agreement. 

The Settlement Agreement states that as of XXXX XX/XX/XXXX, " Borrowers will be due for the XX/XX/XXXX installment of {$480.00} ''. The final court date was XXXX XXXX, where I gave the US Bank council, XXXX XXXX, a check for {$480.00}. This payment was not applied until XXXX XX/XX/XXXX. On XXXX XX/XX/XXXX, US Bank assessed a late fee even though my XXXX payment was made on the XXXX. US Bank also held funds in a suspense account, of which said suspense account is not in the Note nor Security Instrument. US Bank took {$39.00} from said suspense account for XXXX 's payment, meaning US Bank overcharge me {$39.00} for the agreed {$480.00}. A letter from US Bank attorney XXXX XXXX XXXX dated XXXX XX/XX/XXXX states, " Enclosed please find check number XXXX in the amount of {$480.00}. These funds were received in accordance with the attached Settlement and Release Agreement. '' This proves US Bank is in breech of the Settlement and Release Agreement. 

On the XX/XX/XXXX Mortgage Statement, US Bank did not apply the XXXX XXXX payment of {$480.00} to the total amount due. The Statement also shows {$320.00} in a suspense account. This is in breech of the Settlement Agreement. According to the Agreement, " Lender waives any past due amounts that have been incurred on the Subject Loan through XX/XX/XXXX. '' While the use of a suspense account is a breech of the Security Instrument and Note, any funds in the suspense account were to be applied to the principle. 

The XXXX XXXX Mortgage Statement does not reflect the XXXX XXXX payment of {$480.00}. This is in conflict with the Customer Account Activity Statement that shows the payment was made. 

As per the Customer Account Activity Statement, XXXX XX/XX/XXXX US Bank charge a Property Preservation fee of {$15.00}. Property Preservation fees are not in the Security Instrument nor the Note, therefore, US Bank is in breech of the Security Instrument and the Note. All Property Preservation fees should be refunded with interest, applied to the principle, and the account be reassessed from XXXX XX/XX/XXXX to the current date. 

In a letter from US Bank Customer Advocacy Specialist XXXX XXXX dated XXXX XX/XX/XXXX, XXXX XXXX states " Your payment increased from {$480.00} to {$540.00} effective XX/XX/XXXX ''. This is proof US Bank is in conflict with itself, and in breech of the Settlement Agreement. 

I request the account be reassessed from XXXX XX/XX/XXXX to the current date using the Customer Account Activity Statement, and the history of payments I made at local US Bank branches, applying payments on the dates payment were made. I strongly advise that US Bank actually read the Security Instrument and Note to see what I agreed to in XXXX of XXXX when securing this mortgage loan, and how US Bank is operating without, meaning the opposite of within, the Security Instrument and Note. 

This letter and attachments will be filed in the XXXX XXXX XXXX, XXXX, Illinois, and used as evidence in the XXXX XXXX XXXX in XXXX. XXXX, Illinois, to appeal the wrongful forecloser by US Bank. Be advised, the XXXX XXXX XXXX has agreed to hear this case. 



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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