Consumer complaint received 2018-12-09
Company: Servis One, Inc., Titusville, PA Branch
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This is the third separate complaint regarding this specific loan with XXXX XXXX. 

This complaint references XXXX loan number XXXX, for XXXX XXXX. The residence address is XXXX XXXX XXXX XXXX XXXX PA XXXX. The first CFPB complaint number was XXXX, followed by XXXX. This mortgage started with XXXX. A short time afterwards I fell behind and filed for bankruptcy protection. The loan was eventually sold to XXXX, Then XXXX XXXX, eventually to XXXX in XXXX, the current mortgage holder. Being in bankruptcy protection and unable to speak directly to the mortgager, brought communication that was very XXXX sided. During bankruptcy we missed several payments, resulting in a lump sum payment to catch us up in XX/XX/XXXX. Soon after that lump sum payment, all payments were made in full and on time until we exited bankruptcy late in XXXX. Upon exit, thinking we were caught up and having no statement making us assume different, we were stunned to receive a notice that we were over {$25000.00} past due according to XXXX. XXXX provided charts that attempted to confirm that conclusion. As we began an investigation, XXXX filed an act XXXX with a new amount due of over $ XXXX ( again, with charts to confirm the new amount ... which if accurate, would prove earlier charts previously deemed accurate would indeed be inaccurate ). Back and forth communication over the past several months has resulted in new, lower amounts due ( first appx $ XXXX, Then appx $ XXXX ... each with all new charts to back the new lower amount ... meaning now I had XXXX sets of inaccurate sets of charts if this latest set of charts was indeed the real truth ). XXXX thing I am convinced of is that XXXX can make a chart say anything. In early XX/XX/XXXX I received a letter from XXXX stating that I was indeed current, and they apologized for all of the inaccuracies and trouble they had put me through. I thought it was over ... only to receive a new letter two weeks later claiming a {$1000.00} shortage in escrow. 

Many of the errors ( not all ) in the history of this loan seem to begin with the catch up payment of $ XXXX in XX/XX/XXXX. Shortly after this time late fees, bankruptcy charges, etc started showing up while i was in bankruptcy protection. It now appears as my monthly mortgage payments began to be applied to these fees ( which I was unaware of ) instead of the mortgage. Therefore XXXX, then XXXX, then XXXX considered the account in arrears even though each and every mortgage payment was made in time and in full. XXXX even insisted escrow was underfunded and demanded an extra {$430.00} per month for nearly all of the calendar year XXXX, which I paid. That is important, because we have now learned that escrow was OVERFUNDED by {$11000.00} according to an escrow statement at XXXX Servicing dated XXXX ( hence you can understand my surprise when I received the $ XXXX amount due from XXXX later in XXXX. 

What needs to be corrected : 1. Escrow is not correct, with the shortage of {$1000.00} demanded in late XX/XX/XXXX. Since we know escrow was {$11000.00} overfunded only 22 months ago, and since i have proof i have made monthly payments each and every month since then ( in full and on time, adding roughly {$610.00} to that total each month ), that should bring escrow since the beginning of XXXX to roughly {$25000.00}. Additionally, since XXXX insisted the escrow was underfunded, i paid roughly an additional {$3900.00} in XXXX directed specifically for escrow. That means roughly {$29000.00} XXXX give or take a few dollars ) should have been in place in escrow to pay various taxes and insurance that annually add to roughly {$7200.00}. That would mean escrow should have been funded for XXXX, XXXX, XXXX and nearly all of XXXX. Where is the money? I see specific late fees, bankruptcy fees ( {$500.00}, {$1300.00} several times ) while i was in bankruptcy protection. All of these fees need to be reversed and refunded to me. Even XXXX 's latest set of charts proves this loan was not in arrears, and that errors and incorrect assumptions had been made on the part of XXXX, XXXX and XXXX. I never asked for my loan to be passed from XXXX servicer to another. XXXX, when they bought this loan, bought, and is responsible for, the history of the loan. If XXXX has a dispute with past errors, that is between them and XXXX and XXXX ( although XXXX has behaved horribly and like a predator in this loan ). Only XXXX can correct the errors. Since that escrow statement of XXXX, over $ XXXX has been added to escrow ... only {$14000.00} paid out legally. We need words not charts. XXXX has proven they can make a chart say anything. I have at least 4 sets of charts in the last 12 months alone that come to radically different conclusions. I have kept all of those charts. 

2. We need clarification of two separate items in the loan history. As we fell behind in XXXX, school taxes were not paid for by escrow. I know this because I personally paid them XXXX. My research shows that amount was included in the $ XXXX payment of XX/XX/XXXX. Upon confirmation, that will mean I paid that amount twice ( first XXXX, then again in XX/XX/XXXX ). Please credit this {$5100.00}. 

The second item we need is a simple request. In XXXX i never received a year end mortgage statement from both XXXX. Simply put, in XXXX I paid in {$61000.00}, yet received only a statement from XXXX showing {$51000.00} ( interest paid, principle reduction, and taxes / insurance paid ).  The missing {$10000.00} has to be from XXXX for the same. With this information i can refile my XXXX taxes for a new amended amount. My attorney asked for this many times, as have I with no response. Can you please obtain this statement for me? I believe it is required by law. 

The target is constantly moving, and charts always changing. If you start with the escrow statement of XXXX, this shouldn't be that hard to figure out. Answering the questions in # 2 will help bring this to a close. Thank you for your help in this matter. 

XXXX XXXX

Company response to consumer: Closed with explanation