Consumer complaint received 2023-08-15
Company: CrossCountry Mortgage LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
On or about XX/XX/2023, I applied for mortgage assistance with Cross Country Mortgage LLC, the lender/servicer of my First Time Homebuyers ( FHA ) mortgage loan, and with the state of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX program. As of XX/XX/2023, I have not received any information from Cross Country Mortgage LLC as to the status of my request for mortgage relief and/or assistance. XXXX XXXX has noted that the application is " under review ''. Cross Country Mortgage has violated my federally protected rights under the Dodd Frank Act, FDCRA which states in part that a debt collector may not " Make telephone calls without properly identifying oneself, except as allowed to obtain location information. '' They also violated my rights under California state law as a resident and consumer under California wire tapping laws, consumer protection laws, and XXXX. On XX/XX/2023 at XXXX XXXX, and XX/XX/2023 at XXXX, XXXX XXXX, a " Private Number '' registered on my phone. When I answered the call, the person stated that they were calling from Cross Country Mortgage and was recording the call. I am located in a XXXX party state for call recording so I stated that I would record the call as well. To which the person stated that while Cross Country records calls on their end, if I recorded the call, she would not continue the call. I stated California 's state law for 2 party consent to recording and informed her that she did not ask for my consent but TOLD me she was recording but I would exercise my right to record accordingly. She stated that it was against Cross Country mortgage 's policy for them to be recorded contradicting her first assertion that Cross Country was recording the call already even though I had not expressed consent. I was able to record this interaction and have the call logs as proof/evidence of how Cross Country called me without properly identifying themselves, as prior communication with Cross Country evidenced their business name on the caller identifier log thus Cross Country has the ability to ensure that their company name is shown on the call identifier .Since they hid their name in regards to contacting me to collect an alleged debt, they engaged in deceptive practices according to FDCPA and the Dodd Frank Act and UDAAP, just to name a few. On XX/XX/2023, a representative and/or employee of Cross Country Mortgage LLC put a conspicuous colored door tag on my door in an attempt to embarrass, or otherwise defame my character as it was viewable by passerbyers and my neighbors who are aware of what that door tag color represents. Since I am not in default of the alleged mortgage, Cross Country Mortgage violated me and caused harm and damage to my reputation in my community.

Cross Country Mortgage LLC further engaged in deceptive practices as it has yet to act on my request for loan mitigation and/or modification assistance dating back to XX/XX/2023. Cross Country Mortgage LLC further engages in deceptive practices by failing to provide ALL of the disclosures that I should have received at the mortgage closing. Cross Country Mortgage LLC further engages in deceptive practices by failing to inform me and show me the physical check and/or payment that was received on my behalf for payment in full of the property described in Exhibit A of the Note and the Deed of Trust for the property, and delivered to the Seller, XXXX XXXX XXXX I have sent multiple emails to Cross Country Mortgage XXXX requesting ALL documents relating to the purchase of the property for which they are the alleged " Lender '' and I am named " Borrower ''. In none of the documentation sent to me, is the actual evidence of a payment made to XXXX XXXX, or other legal representative for the Seller, in satisfaction of the total cost of property evidenced by an actual payment made via electronic funds transfer, physical bank check, or other certified funds. Cross Country Mortgage LLC further engages in deceptive practices by not disclosing that once the note and mortgage were separated, the alleged loan/mortgage is defaulted according to Banking and Finance laws . Cross Country Mortgage further engages in deceptive practices by ignoring my written communications to XXXX XXXX XXXX, XXXX requesting that Cross Country Mortgage LLC remit to me both the legal and equitable interest that has been earned on the note and any other commercial paper that Cross Country Mortgage LLC used to securitize and transfer the securities, bundling and pooling it in a mortgage pool, selling on the primary and/or secondary markets, thus earning more than enough to apply to the principal balance but profiting off it instead. This process was not disclosed to me, thus I was never provided the opportunity to make an informed decision as a consumer to be part of the investment even though my application and credit was used by Cross Country Mortgage LLC for them to be able to participate in the security transactions. ( A financial forensic audit of the mortgage account will reveal and evidence these statements. ) This is in violation of the Securities Exchange Act, and other violations set forth by the FTC, SEC, FINRA, Federal Reserve Act, and FDIC just to name a few. Because of these violations, it is very possible that Cross Country Mortgage LLC is under reporting their tax liabilities with the IRS.

Cross Country Mortgage LLC further violates my federally protected rights under FCRA and FDCPA by failing to report an accurate principal balance amount to the credit reporting agencies ; including but not limited to, XXXX, XXXX, and XXXX. The balance that they continue to report is missing the CENTS amount AND is in excess of what is listed on statements from Cross Country Mortgage LLC ( See Attachments ). The dollars and cents must be reported accurately so that it does not violate FCRA, FDCPA, UDAAP, CA consumer protection laws, and 15 USC 1681e, just to name a few.

Company response to consumer: Closed with explanation