Consumer complaint received 2018-04-23
Company: Seterus, Inc.
State: MD
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I wanted to start with a little background. We filed Chapter XXXX BK in XX/XX/XXXX. Since that point we have not received any mortgage statements from the Mortgage servicer Seterus Inc. Seterus removed our access online to any payment history or payment information. The only way we have access to any information is by calling seterus automated system. We attempted to speak with their bankruptcy department, but they would only say we can not speak with you as you have an attorney. My attorney submitted authorization several times, but Seterus never  seemed to receive. We were stuck with their automated system. 
Fast forward to XX/XX/XXXX. We had fallen behind on what I thought was 2 payments, that ended up being 5 payments. We only found out after the attorney for Seterus filed paperwork with the BK courts to tell us either pay the total  amounts due, agree to a payment plan, or allow them to foreclose. We agreed just to pay the total due to bring our loan current. On XX/XX/XXXX we paid {$8600.00} that brought our loan current through XXXX and paid all the post-petition arrears. 
On XX/XX/XXXX I called to make the XX/XX/XXXX payment due, but the automated system said we were still due for XX/XX/XXXX. I contacted my attorney who contacted Seterus attorney. He said it takes a bit for Seterus system to update, but we were good and only due for XX/XX/XXXX. I called everyday from XX/XX/XXXX through XX/XX/XXXX, and they still had us due for XXXX. I did not want to make another payment and confuse the issue, so I waited. On XX/XX/XXXX I made the XX/XX/XXXX payment, and continued to call and contact attorneys. Seterus attorney kept saying it takes time for their system to update, they have your payment. Then on XX/XX/XXXX, I called to make the XX/XX/XXXX payment, their voice system now updated but showed us due for XXXX. Again I contacted attorneys and they stated the account was due for XX/XX/XXXX. I kept calling the voice response system but it still told me we were due for XXXX. Frustrated, I went ahead and made the XXXX payment on XX/XX/XXXX. Then continued to call the Voice system to see if it was applied to our account. The voice system still said we were due for XXXX even though we paid XXXX. We decided to ask for a payment history to try and figure out what was wrong. I submitted the request through my attorney and he sent to Seterus attorney. We have yet to receive a payment history. On XX/XX/XXXX I called to make the XXXX payment and they still had us due for XXXX. I paid XXXX but called back to the Bankruptcy department to try to see if they would speak to us to try and figure out what was happening with our payments. I was finally able to speak with an agent XXXX, and he found the authorization that no one else seemed to be able to find. He explained that there was an attorney fee paid on XX/XX/XXXX that they took funds from the XXXX payment and paid. There was not enough for the fee and the payment, so the remaining funds were in a suspense account, and we needed to pay an additional XXXX to make the XXXX payment. I told him there should not be any fees we paid all fees and payments due back in XXXX per the agreement. He said everyone that could handle it was out of the office to call back at the earliest Tuesday afternoon. I called back on Wednesday XX/XX/XXXX. I spoke with XXXX XXXX. He told me that they did not have the agreement ( from XXXX ) and asked that I send it to them. I explained their attorney filed it with the BK court so they should have a record of it. He placed me on hold and found the agreement. He said he reviewed the account and sees the errors but could not fix them. I was required to send in a request in writing. Now I sent them a letter, but their track record finding any documents without repeated requests, is not good. I am filing a complaint with CFPB, so that my account will be corrected, and maybe it will help others in the same situation with this servicer. I do not want to end up in the situation we were in in XXXX. They are charging me fees and not applying payments properly. I have spent the last 5 months trying to get this taken care of. 
I have attached the agreement which shows the total amount due including the fees, copies of the payments made and the letter sent to Seterus.

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 monetary relief