Consumer complaint received 2023-03-03
Company: MEMBER FIRST MORTGAGE, LLC
State: NM
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
XX/XX/XXXX TO : Consumer Financial Protection Bureau ( CFPB ) XXXX FROM : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NM XXXX ( XXXX ) XXXX XXXX There are three companies involved in my RESPA complaint . I am concerned about possible collusion and did not contact them : My Lender Member First Mortgage , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, TX XXXX Phone : ( XXXX ) XXXX XXXX Tile and Escrow Companies and Settlement Agents XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NM XXXX Settlement Agent : XXXX XXXX XXXX ( XXXX ) XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NM XXXX Settlement Agent : XXXX XXXX XXXX ( XXXX ) XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, NM XXXX Settlement Agent : XXXX XXXX XXXX ( XXXX ) XXXX As I understand it is my privilege, I chose the title company for my refinance, closing on XX/XX/XXXX. I also chose the location of that company 's office that was most convenient to me, and I knew its location. When I arrived for my closing appointment with XXXX XXXX, on Academy with XXXX XXXX, I was informed that XXXX XXXX was no longer with the company and had taken my documents to her new company. 
Attachment : A. Original Closing Disclosure XX/XX/XXXX, XXXX XXXX XXXX XXXX with XXXX XXXX. 
**How is it possible that the title company I chose was changed to an entirely different company and my documents were taken there? - without my knowledge or permission. 

I was distraught and called my lender, who claimed to know nothing about this. He and his assistant had told me they had known the XXXX for a long time, had closed with them multiple times, and were highly respected. I need clarification about how my lender could have been discussing and processing my closing without knowing that XXXX XXXX was no longer with XXXX XXXX and had illegally taken my file to her new company, XXXX XXXX, and Escrow. 
** How could my lender complete my closing documents without knowing that XXXX XXXX was no longer with XXXX XXXX and had taken my documents to her new company? 
**Was this arranged to assure XXXX XXXX received another closing for her young company 's year-end? 

I panicked. I agreed to take my closing to the new company to preserve my closing date. This was the first I had heard of this company ; it was located in a part of XXXX I was unfamiliar with, and I had to stop to get help finding the office. 
When I received my original closing documents, it was required that I receive and sign them three days before my closing date. The Closing Disclosure for the new company was generated in less than two hours, and I closed on the same day with XXXX XXXX and XXXX. I had never seen the documents, let alone three days before my arrival. Many of the totals and charges were different, Attachment : B. Second Closing Disclosure XX/XX/XXXX, at XXXX XXXX and Escrow on Sun XXXX with XXXX XXXX. 
XXXXWhy wasn't the required three days before closing applicable in this situation? 

When I closed with the new company that afternoon, I never met with XXXX XXXX. She only stopped briefly in the hallway to say, " we will do better in the future. '' This was the first time I had seen these closing documents. It was challenging and painful that the Notary was exasperated and impatient because I wanted to read through the entire packet! I had asked for XXXXhirty minutes. Instead, she returned every 5 minutes, asking me to sign the documents. I was repeatedly forced to ask for additional time, bullied, shamed, and begging for each additional 5 minutes. 
**Why wasn't I given the time I needed to review the new documents? 

The following day I continued to be distressed and angry about all that had transpired. ( I was in a 5 hours XXXX XXXX assisting my brother ). I was furious that a company I had not chosen stole my documents, wreaked untold havoc in my life, AND made money from my closing! Then I remembered my " right to cancel '' option. I canceled. 

My new closing was delayed for another month into the following year ( XXXX ), destroying my holidays and ability to follow through on my year-end financial commitments. 

I had withdrawn and canceled the closing with XXXX XXXX and XXXX. That is the equivalent of it not having happened at all. I should've been able to close in XXXX. Inexplicably, my lender said all my documents had to be re-reviewed by their company. Over a month later, my third attempt at closing was with the company I had initially selected, XXXX XXXX. They chose not to honor my location request. I was told I would go to their other office if I wanted to close with them. I was forced to travel to the west side of XXXX, thirty minutes one way from my home, and became lost. 
Attachment : C. Third Closing Disclosure XX/XX/XXXX, at XXXX XXXX on XXXX XXXX with XXXX XXXX. 

I was treated like a pariah at this meeting. When I entered the building, no one from XXXX XXXX was present. The XXXX XXXX, XXXX XXXX, did not attend my closing. The only individual present was a Notary waiting for me in the lobby. He went through the documents with me, and my signatures were notarized. I left without having seen anyone from XXXX XXXX. On their website, there had been a joyous photo of a client after their closing. I had dressed for the occasion as I had in XXXX. Needless to say, no photo was taken. 

I am elderly, XXXX, and have a complicated financial history. I had gotten through almost everything before closing on this refinance in XXXX and again in XXXX, only for my lender to discover some anomaly preventing closing. Finally, I made it to my third closing in XXXX, only to be greeted with this devastating and unimaginable event. The Settlement Agent at the office had left the company and stolen my documents. 

I regret that I wasn't able to enquire about this event earlier. I have been on Federal XXXX XXXX XXXX, XXXX, and XXXX for the last twelve years. I have been caring for my XXXX XXXX brother since XXXX. 

Because of being treated this way, my emotional distress significantly affected my ability to care for my brother. The subsequent delay of my refinance funding caused me great embarrassment, humiliation, indignity, emotional vulnerability, and shame. My brother died recently, and I am beginning to take care of my personal commitments and paperwork as I struggle to recover from his loss. 

For these crippling and devasting events, I want to receive the maximum compensation RESPA allows from my lender, both title companies and settlement agents. 

I appreciate your helping me with this matter, Kind Regards. 


XXXX XXXX XXXX

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation