Consumer complaint received 2017-07-05
Company: Dovenmuehle Mortgage, Inc.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, an Insurance Loss Claim check was deposited into a restricted escrow account controlled by the Loss Draft Department ( LDD ) of Dovenmuehle Mortgage, Inc. Loss proceeds and interest remain held in this account despite full completion of repairs as ofXX/XX/XXXX.
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CHRONOLOGY OF EVENTS The following is a chronology of significant and relevant events that pertain to this complaint against the Loss Draft Department ( LDD ) of Dovenmuehle Mortgage, Inc : XX/XX/XXXX - Restricted escrow account opened with a deposit of {$29000.00}.
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XX/XX/XXXX - An electronic copy of a Notarized Lien Waiver was submitted, to LDD via email, in conjunction with requests for partial disbursement and completion of work inspection.
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XX/XX/XXXX - First successful Automated Clearing House ( ACH ) transfer of a partial disbursement was completed establishing a verified facility for direct deposit funds transfer.
<P/>XX/XX/XXXX - Percentage of Work Completed : A 100 % completion was verified through an on-site inspection as ordered by the Loss Draft Department ( LDD ).
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XX/XX/XXXX - An electronic copy of a Notarized Letter of Satisfaction was sent to LDD via email.
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XX/XX/XXXX - Only a partial disbursement was received although a request was submitted for the full disbursement of the escrow accounts remaining balance ; received as in a paper check form despite my consistent request for direct deposit via ACH transfer.
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XX/XX/XXXX - Sent email asking for a resolution for the following Issues and Concerns : 1. Issue : LDD is repeatedly mailing out paper checks despite my constant request for electronic ( ACH ) direct deposit of funds. The following are the times when paper checks were issued after XX/XX/XXXX : 1.a. Partial disbursement onXX/XX/XXXX 1.b. Partial disbursement on XX/XX/XXXX1. c. Partial disbursement on XX/XX/XXXX ( this check was not received ) 2. Issue : LDD refuses to release remaining balance in spite of having received the required Inspection Report indicating 100 % completion, Lien Waivers, and a Notarized Letter of Satisfaction.
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Concern for the unreleased funds a request, dated XX/XX/XXXX, was for the disbursement of full balance, but the LDD declines to release the full outstanding balance remaining on the escrow account. I uncovered customer complaints mirroring my experience which became a concern, and I asked LDD to address it. This concern was largely ignored and it regrettably mimics the comments or rebuttal posted by LDD, which reads, Review # XXXX is a subjective opinion of a user. ( Reference : Online Consumer Reviews - https : //dovenmuehle-mortgage.pissedconsumer.comXXXX  ) XX/XX/XXXX - The LLD  has made a partial disbursement for {$2000.00} that never made it to my checking account designated to receive ACH transactions nor was it received in a form of a mailed check sent to the property address as maintained by LDD.
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XX/XX/XXXX- I requested a copy of LDDs   disclosure statement applicable to the interest rate that the unreleased fund held in escrow is supposed to accrue. LDD has ignored this request.
<P/>XX/XX/XXXX- SinceXX/XX/XXXX, I have asked that all upcoming disbursements be sent via ACH, so why does LDD continue to mail me paper checks? It has been two weeks since the supposedly mailing date ofXX/XX/XXXX but no check has been received so far. At this point, I demanded that LDD immediately send the {$2000.00} via ACH and must be posted to my checking account within 5 days. I conveyed to LDD that unless I receive that amount and properly get a response to all my earlier unanswered e-mails, I will have no recourse but to file complaints with the California Department of Business Oversight ( DBO ) and the Consumer Financial Protection Bureau.
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INSTRUCTION REGARDING FINAL DISBURSEMENT The following paragraph is an excerpt from the Lenders Instruction Letter regarding FINAL DISBURSEMENT pertaining to non-delinquent borrowers : When your repairs are complete, please contact our Loss Draft Department at XXXX to order a 100 % inspection. At this time you must have provided us with the Notarized Lien Waiver or Notarized Letter of Satisfaction. When the results of the inspection show 100 % completion and all required documents have been obtained, the remaining balance of the insurance loss proceeds will be released for disbursement.
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COMPLAINS Heres the bottom-line, I have these following complaints against Dovenmuehle Mortgage , Inc. ( AKA LDD ) : 1. They have not complied with their own Letter of Instruction ; 2. They ignored numerous request for expeditious methods ( via ACH ) of funds transfer in order to delay consumers access to the funds ; 3. They held funds beyond the completion milestones met through required repairs ; 4. They have failed to respond to several correspondences from the consumer ; 5. They have not responded to consumers request for immediate direct deposit of outstanding unaccounted disbursement of {$2000.00} ; 6. They have not responded to consumer 's request for disclosure statements ; 7. They have not resolved the consumers question regarding interest accrual, and this portion of the entire amount remains outstanding.

Company response to consumer: Closed with explanation