Consumer complaint received 2018-06-05
Company: WASHINGTON FEDERAL BANK
State: UT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I filed for Chapter XXXX Bankruptcy protection in XX/XX/XXXX. My mortgage with Washington Federal was included in the filing. During the course of the bankruptcy and after, I have experienced numerous problems with Washington Federal.

1 ) LEGAL FEES - Per the attached Customer Transaction History from Washington Federal, multiple post-filing legal fees were added to my account. Those legal fees are summarized in a separate attachment. According to my summary, those net fees total {$4500.00}.

2 ) APPRAISAL FEE - Included in this amount is {$320.00} for an appraisal, reportedly done on XX/XX/XXXX. An appraiser contacted us, but we refused entry into our home to conduct an inspection.

3 ) UNEXPLAINED CHARGE ( S ) - On XX/XX/XXXX a " Charge Assessment '' of {$18000.00} was added to my account with no other explanation. This is highlighted in a ledger that I printed from Washington Federal 's website. 

4 ) CREDIT REPORTING - During the bankruptcy, Washington Federal continued to report my mortgage payments past due to XXXX. See attached report.

5 ) VIOLATION OF THE AUTOMATIC STAY - On XX/XX/XXXX I received a letter from Washington Federal about my payments being late, in violation of the automatic stay. 

6 ) UNAPPLIED/MISAPPLIED TRUSTEE PAYMENTS - On XX/XX/XXXX while checking to assure that payments were being applied ( due to ongoing concerns that they were not ) I noticed that there should have been sufficient trustee payments to make several mortgage payments. 

I learned that Washington Federal had cashed six trustee checks totaling {$3700.00} without applying them to my mortgage. The National Data Center account ledger that I have provided shows the six payments marked with " No ''.  They began accumulating on XX/XX/XXXX and ran through XX/XX/XXXX with seven payments being applied in between those dates.

Ultimately I had the trustee 's office fax copies of the canceled checks to a delinquent accounts contact at Washington Federal. I was assured that the trustee payments would be applied retroactively, subsequent mortgage payments adjusted and my loan would be re-amortized. I was promised supporting documentation of the re-amortization, but it never came.

7 ) UNAPPLIED PAYMENT ( S ) - On XX/XX/XXXX I made a payment through Washington Federal 's website. I had previously done this successfully on XX/XX/XXXX and XX/XX/XXXX. Funds were withdrawn from my bank account for the XXXX payment, but not applied. When I tried submitting another payment, I was denied online payment access without a valid explanation. 

I have also located and attached a XXXX payment receipt, but it does not show the year received. It is unclear if this payment was property applied. 

8 ) QUALIFIED WRITTEN REQUEST - Following the discharge of my bankruptcy, I was concerned about what I perceived as the overall mismanagement of my account by Washington Federal throughout the process. I requested and received the customer transaction history. However, when I approached the representative with further questions ( primarily those referenced in this complaint ) I was told to contact my attorney. 

My attorney submitted the attached Qualified Written Request on my behalf. Washington Federal neither acknowledged nor responded to the request.

9 ) DEMAND LETTER - I have received notification from the U.S. Postal Service that a certified letter is on the way from XXXX, WA. I must assume that this is a demand letter from Washington Federal. 

10 ) NOTIFICATION OF FORCLOSURE ALTERNATIVES - According to your agency ( CFPB ) mortgage servicers 'must provide in the written notice examples of loss mitigation options, which may be available to avoid foreclosure. These options could include changing the interest rate, extending the terms of the loan, deferring or forgiving principal, or coming up with some other alternative payment plan. ' Additionally, CFPB states that borrowers must have " Direct and Ongoing Access to Servicer Personnel '' Washington Federal has offered me neither.

SUMMARY - Washington Federal has left me to believe that any post-discharge payments would be applied first to unpaid fees : Appraisal {$320.00}, Legal {$4500.00} and Charge Assessment {$18000.00} for a total of {$23000.00}, plus additional late fees. Their own representative referred me to my contract as legal justification for this stance.

I have not made further payments for this very reason. Washington Federal would simply apply my funds to fees and then move to foreclosure.

Out of fear of retribution for filing a complaint against Washington Federal with the CFBP, I have not done so until now.

Company response to consumer: Closed with explanation