Consumer complaint received 2019-09-19
Company: Dyck-O'Neal, Inc.
State: MI
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I have received collection actions, negative and erroneous credit reporting against me on a joint debt, formally held by my ex-husband as the primary and myself as the secondary party that is erroneously being reported. Additionally, not full or accurate accounting of the collection has been provided to me or reflected in the reporting to the credit bureau. Nor has proper identification of the original mortgage holder been reflected or the correct account status. This debt is a result of a foreclosure that was requested by my ex-husband. After I was approved for mortgage modification and completed the trial period payments to pay the obligation separately since he refused to meet his. Although, my ex initiated the foreclosure and is jointly obligated, he is not being pursued for the obligation due to his bankruptcy protection and XXXX refused to continue with a modification without his signature. 

The following details are being provided to support my reason for requesting assistance and for the CFPB to intercede. 

The property balance being collected on had a Sheriffs sale/foreclosure date of XX/XX/XXXX. The property was redeemed and sold XX/XX/XXXX in which the mortgage company received {$43000.00} in sale proceeds. The last statement received from the collection agency dated XX/XX/XXXX had the current foreclosed mortgage balance in the amount of {$120000.00} as of XX/XX/XXXX. ( Exhibit 1 ) The statement does not reflect the {$43000.00} the financial institution received in proceeds from the sale of the home. It also reflected over {$6700.00} in unapplied payments and included multiple fees for interest on escrow for payments in access of the escrow account. Had the unapplied payments been applied to the escrow account, no interest charges would have occurred. Additionally, as a second option, had these fees been applied to the mortgage interest, the mortgage balance would have also been lower. This appears to be a prime example of the mortgage company performing favorable accounting practices at the expense of the consumer. Lastly, there are over {$2000.00} in charges for preservation fees on an abandoned property that were charged erroneously reflected in the attached statement dated XX/XX/XXXX. This was after the preservation company admitted erroneous entry into the home. ( Exhibit 2 ) Additionally, attached is the first and last page of the property management agreement reflecting management since XXXX and the first and last page of the subsequent lease agreement enter into post entry in and upon the premises. These figures alone total over {$52000.00} in erroneously charged or misapplied funds and fees. 

After extending a loan modification ( Exhibit 4 ) and then stating they would not move forward with a modification without both signature, XXXX stated that foreclosure had been requested by the other party and they were basically honoring the other partys request. My exs bankruptcy protected him and leaves me obligated even after several attempts and success at getting modified terms to in which I could meet my obligations. Only to have the rug snatched out from under me. Lack of assistance then and lackluster efforts now continue to impact my life. In addition to the aforementioned, XXXX has done the following in no specific order. ( Exhibit 3 ) Started re-reporting their closed account with current payments in XXXX, XXXX and XXXX XXXX and then delinquent payments erroneously thereafter. This is appearing to my creditors that I am still missing mortgage payments and am 120 day or more past due. XXXX refuses to correct. It is also reflecting that a foreclosure when the property was redeemed out of foreclosure, that there has not been any activity since XXXX and that the last payment was XXXX of XXXX which is not inclusive of the {$6700.00} in unapplied payments still reflecting in XX/XX/XXXX. 

I attempted to hold myself accountable by getting a modified mortgage and doing everything in my power to meet my obligations. XXXX and Dyck O'Neal should have done everything in their power to get the reporting and accounting right. There has not been any efforts from either company to get things corrected and they snub their noses at my requests for assistance with something as simple as accuracy. This is my life. This collection and erroneous reporting is drastically affecting my ability to move on with this life and/or restart after a divorce and very bad time. The matter is only being exacerbated after making several, unsuccessfully, attempts to work out corrections on balances and reporting and some sort of mutual resolution and manageable payment terms that also doesnt set me up for failure or make matters worse. I seek assistance with moving on and past this chapter. They had years to get this right at my expense now its time to just get it removed.

Company response to consumer: Closed with explanation