Consumer complaint received 2017-08-11
Company: Movement Mortgage LLC
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX & Movement Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, NC XXXX Re : Error Resolution Notice under 12 C.F.R. 1024.35 Movement Mortgage Loan Number : XXXX XXXX XXXX Loan Number : XXXX I am writing to request correction of the error described below in regard to the mortgage on my property at XXXX XXXX XXXX XXXXXXXX XXXX, NC XXXX. Payment Errors : Your company rejected the full payment I made on XX/XX/XXXX in the amount of {$24000.00}. XXXX failed to comply with written instruction apply the full amount on XX/XX/XXXX. XXXX Delivered the funds on Thursday, XX/XX/XXXX at XXXX XXXX tracking number XXXX received by XXXX The servicer must respond to the consumer letter before the sale or within 30 business days of receiving it the servicer receives the letter with payment instructions more than seven days before the sale date XX/XX/XXXX. Today XX/XX/XXXX I spoke with XXXX, Customer Service Loss Draft XXXX, XXXX Mortgage to determine why XXXX failed to comply with written payment instructions subsequent to XX/XX/XXXX and prior to XX/XX/XXXX. XXXX, Customer Service Loss Draft Specialist in violation of 12 CFR 1024 engaged in unlawful business practices by stating XXXX did not receive payment instructions Thursday, XX/XX/XXXX. XXXX received written payment instructions prior to cashing the payment on XX/XX/XXXX.  XXXX, Customer Service Loss Draft Specialist only acknowledged email correspondence marked second request further demonstrating deceptive business practices by the servicer who failed to send a letter within 5 days acknowledging receipt of the payment & payment instructions. When I asked XXXX Customer Service Loss Draft Specialist to acknowledge the first payment instruction letter she abruptly disconnected the call, then XXXX engaged in further unlawful business practices locking my online account. The Consumer Protection Bureau can not allow mortgage servicers to unlawfully abruptly disconnect recorded conversations. XXXX XXXX, Attorney At Law, XXXX XXXX XXXX on XX/XX/XXXX told the court in the matter XXXX XXXX v. XXXX XXXX that the mortgage servicer would apply the payment received Thursday XX/XX/XXXX cashed XX/XX/XXXX. Case No. XXXX Your company did not properly credit the payment that I made on Thursday XX/XX/XXXX in the amount of {$24000.00}. This payment should have been credited to : XXXX account # : XXXX or Movement Mortgage account # : XXXX. o The payment should have been credited to principal, interest, escrow, or other charges prior to XX/XX/XXXX.
Your company failed to credit the payment I made as of the date of receipt Thursday XX/XX/XXXX. XXXX Mortgage failed to credit the payment subsequent to XX/XX/XXXX. Movement Mortgage received funds and payment instruction during XX/XX/XXXX prior to the scheduled sale date XX/XX/XXXX. Fee Errors : Your company incorrectly imposed undue charges and fees described in the statement transaction activity subsequent to XX/XX/XXXX to include attorney, fees. Monetary award per 12 C.F.R. 1024.35 violation : I am entitled to a monetary award of {$2000.00} per violation or more for violations of CFR 1024.
I am entitled to a lower interest rate, a lower payment, and a lower overall loan balance : Your company engaged in unlawful practices in violation of C.F.R 12 C.F.R. 1024.35 Exhibits ; Exhibits to follow due to the urgent nature foreclosure set for XX/XX/XXXX I am submitting and continuous unlawful business practices I am forced to submit written notice of 12 C.F.R. 1024.35 violations prior to compiling the complete list of exhibits. Please apply the payment prior to the XX/XX/XXXX sale date. Please confirm that these payments will be processed as specified or please provide an explanation as to why you are unable to follow these instructions. If you need to contact me, I can be reached at XXXX XXXXXXXXXXXX Sincerely, XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation