Consumer complaint received 2018-03-30
Company: Servis One, Inc., Titusville, PA Branch
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We initiated a Chapter XXXX BK to save our home XX/XX/XXXX and utilized the newer court monitored mortgage modification program. At the time we had our loans with XXXX and XXXX XXXX. This was only after years of failed modification attempts with the previous servicers XXXX and XXXX who would vacillate between stating I made too much income to other times saying too little and requiring us to send the same information again and again. During the Chp XXXX proceedings, a meeting is scheduled with a mediator to negotiate the process. XXXX XXXX immediately issued a favorable mod and we were able to move forward without issue and did not even need to meet. The mediator made many attempts to contact XXXX to schedule the mediation as their timeline to protest mediation had passed but they would not respond to the court. Finally after a series of motions were filed to hold XXXX in contempt of the court order, they agreed to move forward, paid sanctions to our attorney accordingly and began reviewing the package for a Mod. On XX/XX/XXXX our attorney received an email from their attorney stating we would be given a 40 year term, the loan will be re-ammortized and it was 2 % for five years, 3 % for one year and the remaining term is 3.42 %. We started making the new payments through the trustee but the modification was never finalized and shortly thereafter XXXX sold the loan to XXXX. On XX/XX/XXXX we received a new Mod letter from XXXX under HAMP. This time it said Year 1-5 would be at 2 %, Year 6@ 3.00 %, Year 7@ 4.00 % and Year 8-40@ 4.125 %. We protested but the attorney representing XXXX would not address the concern. For fear of unraveling the entire mod we signed, but informed our attorney we would take this change of terms due to a servicing transfer when things closed out with the CFPB. Again we made the trial payments as agreed through the trustee. In XXXX of XXXX the court signed the Mod into affect, but somehow we were not notified until XX/XX/XXXX by our attorney. During those 5 months our attorneys office repeatedly followed up via email to their attorney to see what was going on but there was no response that the mod had been finalized. Meanwhile we are still paying out through the Trustee and getting hit with her charge of {$230.00} every single month. Finally the Trustee issued a disbursement and the case was dismissed. Upon dismissal the Trustee had sent us a letter stating that the creditors had received over $ 20K. Now XXXX rolls around and we never receive our XXXX interest statement so we follow up. It is mailed to us, but only shows {$2400.00} in interest paid, when nearly that entire $ XXXX should have been represented on top of the payments that were made after the dismissal. We tried following up but were then told that XXXX would not speak to us regarding the issue on XX/XX/XXXX because there was an active court case. We told them that in fact that had been dismissed months ago, but they still refused to discuss the issue with us and the Customer Service agent refused to put a manager on the phone. We were advised to call our attorney to have them pursue the issue. Our attorney called the same day and the person XXXX advised them that the agents were simply not reading the correct notes, but he would adjust them so we should not have this problem going forward. We followed up again on XX/XX/XXXX and again we were given the same story about not being able to speak to us regarding the litigation. This time we pressed and she did determine that was inaccurate. We asked about how we could get that account status removed so we wouldn't continue to run into this issue again and were told she had no way of escalating that issue and again we need to go back to our attorney for resolution. Other servicing issues we faced were XXXX force placing insurance when we sent proof of continuous coverage multiple times, and even though we were forced into an escrow account they failed to make a tax payment. We had to pay ourselves and it took months for XXXX to issue a refund.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation