Consumer complaint received 2021-08-15
Company: Dovenmuehle Mortgage, Inc.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This complaint is subsequent to one other ( XXXX ) filed on XX/XX/XXXX. 

The servicer for my mortgage, Dovenmuehle Mortgage , Inc., XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, IL XXXX, Phone : XXXX ( XXXX ) XXXX, has once again failed to follow through on promises made over the phone. That being to correct the accounting error they made while curing my outstanding forbearance with a deferment, during the month of XXXX of XXXX, and process a flex-loan modification so that my mortgage payment is affordable, and commensurate to my current income. 

It has been over year since I submitted my requested to have a Flex Modification loan upon the close of my forbearance ; and over 120 days since I was told that a loan modification was submitted on my behalf ( XX/XX/XXXX ). 

However, as of today, no loan modification has been processed. On the contrary, the mortgage servicer continues to string me along and find ways to increase my mortgage payment. As of today, they are demanding {$320.00} above what my normal mortgage payment was at the onset of my forbearance plan back in XXXX of XXXX. Their tactics are grossly stifling my efforts to stay current with my mortgage loan. 

Most recently, Dovenmuehle convoluted the issue by telling me, in writing I could make a payment of {$910.00}. This payment was supposed to have satisfied both my principle and interest payment for the month of XXXX. However, on XX/XX/XXXX, I received a collection letter stating that my XXXX mortgage payment was delinquent, along with XXXX payment, despite the fact that the delinquent date for XXXX would not be until the XXXX. It may be important to state that I had not made a payment for XXXX because I was promised a loan modification package would arrive in the mail for my approval. Not a collection notice. 

The letter went on to state it was a legal document. Yet I do not understand how it is legal for an financial institution to tell the consumer, a payment of a specific amount will satisfy a mortgage payment in one instance, and then delinquent the next. This type of deviant communication and moving of the goal post can not possibly be legal in any way.

In summary, not only has this institution miscalculated and processed a deferment arbitrarily. They have now resorted to using trickery to cloud my payment history so that I will have negative marks on my credit report, and damage my ability to seek a refinance in the future once I have recovered from the COVID-19 pandemic status. They are literally manufacturing escrow shortages and misappropriating my mortgage payments. 

The documents attached to the company 's response are unsatisfactory. Although the cover letter dated XX/XX/XXXX, was delivered by way of my mortgage lender, several weeks ago, the content of the letter was riddled with inconsistencies. It did not resolve the issue at hand. That being the improper handling of my mortgage forbearance curing and deferment. As well as the erroneous increase of my mortgage payment by roughly {$200.00}. Attached to the document was a facsimile of a worksheet that had been drawn up on XXXX XXXX and posted within a third party website ( XXXX ). Where it sat undiscovered for months. I never received a mailed copy of the Deferral Agreement. To include a copy of it along with their response is disingenuous and does not represent the facts. By XX/XX/XXXX, the date of the miscalculation of my Deferral payment plan, the numbers and calculations shown on the Payment Deferral Agreement dated XX/XX/XXXX ( pages 4-6 ) were by it's very nature, out of date and should not have been used to calculate any deferral that did not go into effect until 90 days later. 

According to the XXXX XXXX Guidelines, it was the duty of the Servicer to bring my mortgage to a {$0.00} balance before submitting any dollar amounts for deferment. My mortgage was to be current before initiating a deferral of my suspended payments. That amount was to then be placed into a 0 % interest loan on the back end of my amortized mortgage. 

It may be noteworthy to mention, I never requested a deferral to cure my forbearance in the first place. From day one of my first contact with the loss mitigation department, I requested a Flex Loan modification be used to cure my forbearance. I was told in XXXX of XXXX, once my forbearance had run it's course, a loan modification package would be sent out to me for review. If at that time, I agreed with the offer/terms and could afford the new payment plan, all I would need to do is sign and return the offer. 

Again, I never requested a deferment. This method was chosen arbitrarily by the servicer, and was done so in such a half-hazard fashion that it manufactured an erroneous escrow shortage. This failure of duty on the financial institutions part has placed an undue hardship upon. The affordability of my home is now in jeapordy. 

On XX/XX/XXXX, I spoke with a loss mitigation representative by the name of XXXX. During our conversation he made it seem as though he understood how the shortage within my escrow account originated. He confirmed that the Deferment was not only miscalculated, but was initiated too early within the process. My Forbearance was not set to complete until XX/XX/XXXX. However, according to XXXX, and one other escrow agent, the deferment loan was initiated on XX/XX/XXXX, at lest 21 days too early. 

Contrary to what is stated in the response letter dated XX/XX/XXXX from Dovenmuehle, the deferment was not processed according to XXXX XXXX Guidelines. 

Prior to my discovery of Dovenmuehles mistake, I submitted an additional {$200.00} directly to my escrow account, in order to create a surplus and help lower my monthly mortgage payment. Their error has technically wiped out all of the benefit I sought to create for myself by having a lower, more affordable mortgage payment. 

In closing, it is important to note that I have a medical condition that is currently under regular doctor 's care. I have a XXXX XXXX within my XXXX XXXX and whenever I am forced to sit for prolonged periods of time, I risk injuring myself. Having to take time out of my day to sit on the phone for hours on end during these past five months, and now my having to sit and write detailed complaints about this matter is causing me pain and XXXX XXXX XXXX to one of my legs and foot. 

It would be a great relief for me to be able to see a resolve to this issue soon. 

Best regards, XXXX XXXX, Consumer

Company response to consumer: Closed with explanation