Consumer complaint received 2018-03-30
Company: RoundPoint Mortgage Servicing LLC
State: TX
Product: Mortgage
Sub-product: VA mortgage
Issue: Incorrect information on your report
Sub-issue: Information is missing that should be on the report

Complaint:
This complaint is against XXXX XXXX XXXX. for 8 different RESPA violations under 12 CFR 1024.36c, 1024.36 ( 2 ), ( b ) and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) for failure to respond to Qualified Written Request and Notice of Error, as well as the Fair Credit Reporting Act for negligence.

In XX/XX/XXXX I noticed that the Mortgage company was not reporting our payments to the credit bureau. I contactedXX/XX/XXXX, C/O XX/XX/XXXX. as they were my Mortgage Loan owner and account servicers during that time. They informed me that we did not file a Reaffirmation Agreement. We had every intention of reaffirming our mortgage payment, as our Attorney sent notice of the bankruptcy along with the reaffirmation agreement to our Mortgage Servicer at the time, XXXX XXXX XXXX. XXXX   informed me that notes in my service file stated that Roundpoint mortgage   closed our reaffirmation agreement on XX/XX/XXXX, at which time I contacted Roundpoint.

XXXX XXXX XXXX  was the Mortgage Holder as well as the Mortgage servicer during the time of filing Chapter XXXX bankruptcy. On or around XX/XX/XXXX Round point received a copy of our filing of chapter XXXX bankruptcy and a copy of our reaffirmation agreement. The Loan was transferred to XXXX XXXX XXXX, C/O XXXX as ofXX/XX/XXXX, making Roundpoint still our Mortgage servicer at the time of the ( QWR ) The Reaffirmation agreement was sent to Roudpoint Mortgage by our attorney at the time, who made an authorized Qualified Written Request ( QWR ) on our behalf. Roundpoint failed to acknowledge and respond to our attorney with in the 5 and 30 business day requirement, violating 1024.36c, 1024.36 ( 2 ) ( b ) and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) Roundpoint ended up closing our reaffirmation agreement without contacting our attorney on XX/XX/XXXX. Since Roundpoint failed to properly respond to our QWR and closed the reaffirmation agreement without any notice to our attorney they are negligent and in violation of 1024.36c, 1024.36 ( 2 ) ( b ) and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) made us unable to reaffirm the loan.

Based on Roundpoints negligence we are not receiving credit for making our monthly mortgage payments to the credit bureaus. This negligence is a violation of the Fair Credit Reporting Act, as it was our intent to reaffirm the loan.

I have made several Qualified Written Requests in accordance with 12 CFR 1024.36a to XXXX XXXX XXXX. requesting notes from our service file about the handling of our reaffirmation agreement.XX/XX/XXXX Attorney XXXX XXXX sent copies of out Chapter XXXX bankruptcy along with our Reaffirmation agreement. Roundpoint failed to respond within the 5 and 30 business days requirement, violating 1024.36c, 1024.36 ( 2 ) ( b ) and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) This Violation constitutes Negligence as we were unable to reaffirm our mortgage. This negligence is a violation of the Fair Credit Reporting Act, as it was our intention to reaffirm the loan to ensure that we got proper reporting and credit for making on time mortgage payment, which are needed in order for us to rebuild out credit score.

XX/XX/XXXX Emailed QWR and notice of error to Roundpoint, Email confirmation received on same day. Receive response to ( QWR ) dated XX/XX/XXXX on XX/XX/XXXXviolating the 5 and 30 business days requirement, under 1024.36c, 1024.36 ( 2 ) ( b ) and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) XX/XX/XXXX Qualified Written Request sent certified return receipt. Receive response to QWR dated XX/XX/XXXX onXX/XX/XXXXviolating the 5 business days requirement, under 1024.36c, and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B )XX/XX/XXXX received package from Roundpoint in response to our previous QWR which did not contain the notes from our service file. Failing to comply with our QWR as we specifically requested any and all notes, including agent comments. Violating 1024.36 ( 2 ) ( b ) and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) as they failed to provide the information we requested.XX/XX/XXXX Qualified Written Request sent certified return receipt. Failed to acknowledge QWR within 5 business days, violating the 5 business days requirement, under 1024.36c, and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) XX/XX/XXXXNotice of Error sent certified return receipt. Failed to acknowledge QWR within 5 business days, violating the 5 business days requirement, under 1024.36c, and or 12 U.S.C. 2605 ( e ) ( 1 ) ( B ) This is a total of 8 different RESPA violations, as well as the Fair Credit Reporting Act, due to negligence in handling our reaffirmation agreement.

Under 12 U.S.C. 2605 [ f ] [ 1 ], 2605 [ f ] [ 3 ].

Since the servicer failed to take one of the required actions within the time limit, under RESPA, as borrowers, we may recover : any actual damages suffered by the borrower, if there is a pattern or practice of servicer noncompliance, additional damages not to exceed {$2000.00}, and attorneys fees and costs.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation