Consumer complaint received 2023-11-01
Company: Dovenmuehle Mortgage, Inc.
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Foreclosure

Complaint:
My loan was owned by XXXX XXXX XXXX and serviced by Dovenmuehle. They sold my home out from under me after assuring me I did not have a sale date and telling me they were opening a new review. The sale occurred one week after my bankruptcy was dismissed and XXXX XXXX did not provide proper notification of the sale date as they were prohibited from auction due to federal bankruptcy protection. They have not been conducting business in an ethical fashion, they denied me access to government programs I qualified for due to Covid hardship and as a result of their obstruction things snowballed and resulted in me losing my home. I was XXXX XXXX XXXX XXXX XXXX when the pandemic hit and we got shut down in XX/XX/XXXX. I was struggling because of the loss of my job but continued paying as long as I could. When I contacted their office to see if I could get any help due to Covid related income loss their agents told me I could get a three month forbearance. After that ended they told me I needed to reinstate all past due amounts and resume regular payments. I was not given access to the government CARES forbearance program that allows the forbearance to continue up to 18 months and then allows the lender and homeowner to work together on a plan to address the arrearages. Instead I was on my own. 

In XX/XX/XXXX I was back at work full time as a construction manager for a solar company and my hardship was resolved. I tried to resume making my mortgage payments but their agents told me they would only accept the full past due balance. I tried to save that up but could not do it and began to engage with the loss mitigation department to try and find a solution to resolve this matter. I submitted all of my financial information multiple times and got the runaround. It was very difficult. Every little obvious fact needed to be explained, documents misplaced or expired and never ever got a decision. 

I applied for a second modification and also reached out to Texas HAF. I went through the whole process with XXXX and again never got a decision. Texas HAF never reviewed my application even though I constantly checked the portal and the emails so I ended up filing XXXX XXXXXXXX bankruptcy to protect my home and try and work out a plan to save my home. I talked to agents at XXXX on XX/XX/XXXX and was told everything was fine, there was no sale date and they were willing to open a new review for assistance. The bankruptcy got dismissed on XX/XX/XXXX and on XX/XX/XXXX they sold my home. They did not provide proper notice of the sale date ; the home was still in bankruptcy protection just a week earlier and under Texas law they are not allowed to immediately schedule a foreclosure sale, especially after receiving misleading information from their agents. 

I received a letter from XXXX on XX/XX/XXXX ( attached ) indicating that they were still researching my inquiry for assistance with my mortgage loan and that they would get back to me. This is a week after my house was sold. There are significant questions here relating to unethical servicing practices, obstruction of access to government programs during Covid and also failure to properly notify me of upcoming sale date and violating the rules regarding foreclosure sales after bankruptcy protection expires. I served in the XXXX XXXX XXXX and XXXX XXXX for eight years and live in the home with my wife and XXXX XXXX  children. One of my daughters is XXXX and on doctor ordered XXXX XXXX  at this time. Our house has significant equity and I believe that errors have been made and need to get some accountability from XXXX XXXX XXXX.

Company response to consumer: Closed with explanation