Consumer complaint received 2019-09-18
Company: Aspen Yo LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
RE : Complaint against Gregory Funding, mortgage loan servicer We are submitting this narrative explanation in attempt to resolve the multiple problems and errors we have encountered as our home mortgage loan has been transferred multiple times during the past 6 months. Our original mortgage loan was owned and serviced by XXXX XXXX XXXX. Starting in early XXXX, we began experiencing a decrease in income due to several factors effecting XXXX business ( we are both small business owners of our own businesses ). We had difficulties paying our mortgage intermittently, and at the same time, our monthly mortgage payment was raised by XXXX due to requirements of us purchasing flood insurance. XXXX income started to stabilize this year and we thought we could get caught up with XXXX XXXX right at the time that they began foreclosure on our loan. We immediately applied for home preservation assistance with them, completing an application through their online application portal. We received written notice from them that we had been approved for a home loan modification, in which they would take the amount of unpaid payments and attach them onto the term of our current loan, extending the length of the loan. Part of the agreement was that we would make three months of elevated payments during a trial period, at the conclusion of which our loan would be modified. After we had made our second payment of the three, we received notification that our loan had been sold but they would still be the servicer. Then we received notice that our loan would be transferred to a different loan servicer, but that all agreements of our current loan would be honored. We were very concerned that our loan was being transferred without the modification agreement completed, however we felt we had no choice but to trust that the system would work. 
Our loan was transferred to XXXX XXXX XXXX XXXX in XXXX. We made multiple calls asking about the completion of our loan modification. XXXX told us to continue making the elevated payment and that our loan documents were in their underwriters department getting reviewed before loan modification. We made the third of our three month trial period payment to XXXX, and then we made a fourth elevated payment to them as they said they were still reviewing our loan documents. They sent us multiple batches of conflicting documents, including who our personal loan contact would be, multiple copies of applications for home assistance, etc. Then, the end of XXXX we received notification that our loan was being transferred again, to Gregory Funding. We were extremely frustrated that we still had no resolution to our loan modification agreement that we had entered in to with XXXX back in XXXX. 
We went through the same process with Gregory Funding, multiple calls with no one being able to tell us what the status of the loan modification was, what our monthly loan payment should be, what our escrow account balance was, and most importantly, where all of our monthly payments were going or how they were being applied to our loan. Gregory Funding told us multiple times to withhold payment until they completed reviewing all of our documents, so we did not pay them in XXXX. We received a statement of total debt from them that we feel contains multiple errors and we sent them a written dispute regarding the errors as follows : 1. They show us as having made no monthly payments from XXXX through XXXX. We did not make a mortgage payment in XXXX because we were in the process of applying for home preservation assistance with XXXX and they told us to wait and make the first of the three trial period payments in XXXX. We have made elevated monthly payments during XXXX, XXXX, XXXX, XXXX and XXXX, for XXXX payment. 
2. There are charges for interest listed on the statement from Gregory Funding that have no explanation. 
3. There is no itemized accounting of our escrow account, which should contain approximately {$2500.00} for our property taxes which are due in XXXX. 
GF called us the beginning of XXXX demanding our late payment. We explained to the representative who called us that we had called multiple times asking what amount we should pay and were told repeatedly to not make a payment yet. The representative looked through their system notes and found the notes from our prior calls. He then said that we needed to make one more elevated payment to be able to complete the loan modification. So we went ahead and made the late XXXX payment to them. 
Gregory Funding has not attempted to complete our loan modification, per our agreement with our original loan owner and servicer. They seem to have no information about the monthly payments we have made, they have provided no explanation of how they determined any interest amounts, and have provided no explanation of our escrow account balance. They were not able to give us any loan information for weeks after our loan was transferred to them and they gave us conflicting information, e.g., when they advised us to withhold payment, they turned around and told us our payment was late. We feel that we have been mistreated through this process of being strung along, servicer by servicer, without anyone being accountable to the agreement we had made with XXXX to modify our home loan by taking the past due amounts and adding them onto the end of our loan. 
According to our records, we were charged by XXXX in XXXX for a full year of flood insurance, in a corporate account, which caused our monthly mortgage payment to be elevated by appx $ 300.00/ month. We do not know if we were credited back the unused portion of that term when we bought our own flood insurance in XXXX, or if that policy transferred with the transfer of our loan. 
Furthermore, It is not our responsibility to have to keep account of our loan interest, escrow balance, and total amount due as our loan has been transferred repeatedly. It is the responsibility of our loan servicer to provide us with accurate information, and to keep track of this information as it is passed between servicers, and we feel that this has not happened. 



Timeline of Mortgage Lender Problems XX/XX/XXXX through XX/XX/XXXX : XXXX and XXXX unable to make consistent mortgage payments to XXXX ; some months unable to make any payments, some months one or 1.5 times regular payment were made. {$1200.00} is the normal mortgage payment amount, however XXXX had increased the monthly payment to {$1600.00}, stating {$360.00} per month needed for escrow account to cover lender-purchased property flood insurance. This contributed to inability to make monthly mortgage payment consistently. 
XX/XX/XXXX : XXXX and XXXX received notice from XXXX that mortgage loan was in foreclosure due to number of missed and/or late payments. XXXX  and XXXX  called XXXX and requested assistance for help to avoid foreclosure. As per instructions, completed application for home preservation assistance including attaching XXXX personal tax returns, individual business profit and loss statements, and written narrative explaining the financial difficulties contributing to temporary inability to pay mortgage consistently. XXXX explained that the request for help would stop progression of the foreclosure process. Received email contact from XXXX  home preservation specialists with link to XXXX home preservation web portal. XXXX  and XXXX  submitted initial application for loan modification within XXXX portal. 
XX/XX/XXXX : Received letter from XXXX stating XXXX and XXXX were approved for mortgage assistance, with agreement of three trial period monthly payments in amount of {$1900.00}, with due dates of XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. XXXX called XXXX to accept offer for mortgage assistance program, with confirmation number given as : XXXX. 
XX/XX/XXXX : Received letter from XXXX stating as of XX/XX/XXXX our application was complete. 
XX/XX/XXXX : XXXX made 1st trial period payment of {$1900.00} by phone to XXXX. 
XX/XX/XXXX : XXXX and XXXX loaded additional requested loan modification documents into XXXX home assistance user portal, completing all lendee requirements for documentation. Remaining requirements stated to complete loan modification were completing the three months of elevated mortgage payments. 
XX/XX/XXXX : XXXX and XXXX receive written notice from XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX that they are the new owner of mortgage loan, and that XXXX continues to be loan servicer. 
XX/XX/XXXX : XXXX and XXXX make second trial period payment to XXXX by phone. 
XX/XX/XXXX : XXXX and XXXX receive notice from XXXX that mortgage loan is being sold/transferred to XXXX XXXX XXXX XXXX effective XX/XX/XXXX, and that all terms of loan agreement will be honored by XXXX. 
XX/XX/XXXX : XXXX  and XXXX  receive initial paper from XXXX with application for home preservation assistance. XXXX  and XXXX  called XXXX and were told that loan documents were not loaded into their system yet and to call back in 7-10 days. 
XX/XX/XXXX : XXXX letter received from Loss Mitigation Dept. outlining options to keep home. Personal contact identified as XXXX XXXX. 
XX/XX/XXXX : XXXX letter received stating mortgage loan was delinquent and included application for home preservation. Received separate letter from XXXX  requesting XXXX and XXXX  to provide proof of flood insurance coverage, which was pre-paid through XX/XX/XXXX by XXXX. 
XX/XX/XXXX : XXXX  and XXXX  call XXXX  and were told loan documents were still unavailable, but that XXXX  would honor any agreements and terms of loan from prior servicer. XXXX also stated XXXX  and XXXX did not need to complete a new home preservation assistance application because there was one already on file from XXXX. XXXX stated underwriters were reviewing the application and home loan modification documents from XXXX and the process of loan modification would be complete soon and that XXXX may choose to sell the loan or keep the loan. 
XX/XX/XXXX : Received statement of Loan Balance, Escrow and Other Debt from XXXX with Total Amount Owed : {$190000.00}, with current principle of {$170000.00} ; accrued interest without any date span of {$3900.00} ; and {$14000.00} other charges not itemized. Additionally on this date, a separate letter was received from XXXX outlining options for Home Retention Assistance, with application attached, and a personal contact identified as XXXX XXXX. This was the second mailing from XXXX of this document, and a different personal contact person than original notification from XXXX. 
XX/XX/XXXX : XXXX and XXXX called XXXX to inquire on status of loan modification and were told it was not yet complete. XXXX requested payment of third/final trial period payment per XXXX agreement. XXXX  and XXXX  made phone payment to XXXX  in amount of {$1900.00}. 
XX/XX/XXXX : XXXX  and XXXX  called XXXX, spoke to XXXX. XXXX and XXXX inquired on status of loan modification and were told loan was in underwriting department and that regular loan payments should continue to be made monthly per current/ existing agreement from XXXX/prior servicer. XXXX   and XXXX  made phone payment to XXXX  in amount of {$1900.00}, making this the 4th elevated loan payment since beginning home preservation process in XXXX with XXXX. Confirmation number for payment : XXXX. XXXX stated to expect follow-up phone call from XXXX in 7 days regarding completion of loan modification process. 
XX/XX/XXXX : Received notification from XXXX stating mortgage loan would be sold/transferred to Gregory Funding effective XX/XX/XXXX. 
XX/XX/XXXX : Received notification from XXXX stating mortgage loan would be sold/transferred to Gregory Funding effective XX/XX/XXXX. 
XX/XX/XXXX : Called GF, spoke to XXXX XXXX. Received new loan number of XXXX. XXXX stated no other loan information was available and to call back in 1 week. 
XX/XX/XXXX : Received notification from Gregory Funding GF as new loan servicer. Total Debt Owed shown on letter of {$180000.00} : including Principle Balance of {$170000.00} ; unpaid interest from XX/XX/XXXX to XX/XX/XXXX of {$4100.00} ; escrow advance balance of {$4600.00} ; Corporate Advance Balance of XXXX ; and Suspense of {$1900.00}. Letter stated if amount owed was of disputed validity, written notification must be received within 30 days. 
XX/XX/XXXX : Called GF to inquire on loan transfer status and expected amount and due date for XXXX payment, and to inquire about completion of loan modification. GF told XXXX and XXXX that loan documents were in process of being loaded and advised against making any payments until all loan documentation loading was completed in 1-2 weeks. 
XX/XX/XXXX : Received letter from GF Loss Mitigation Dept. notifying of servicer not having received one or more regularly scheduled loan payments and that they strongly encouraged application for assistance to remain in home. Application for home assistance program was included. Also on this date, received separate mortgage statement from GF showing amount due of {$26000.00}. This letter stated account was delinquent for unpaid monthly payments in amount of {$1600.00} for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, with additional next payment due XX/XX/XXXX of {$1600.00}. Explanation for amount due included a monthly principle and escrow payment of {$1600.00}, {$8900.00} Fees and Charges, and {$16.00}, XXXX Overdue Payment. NOTE : XXXX  and XXXX  have been paying elevated monthly mortgage amount of {$1900.00} since XXXX without any accounting of how these funds have been applied. This is a total of {$9700.00} which is unaccounted for. NO INTEREST should be accruing from unpaid monthly mortgage payments because all monthly payments have been made AT ELEVATED THREE-MONTH TRIAL PERIOD amount. 
XX/XX/XXXX : Received Annual Escrow Disclosure Statement letter from XXXX with a beginning escrow balance of XXXX, a XXXX deposit of XXXX, and a projected escrow balance shown as XXXX. 
XX/XX/XXXX : XXXX and XXXX mailed certified letter to GF disputing amounts owed including interest, unpaid monthly XX/XX/XXXX : Received letter from GF stating that dispute of amount owed was received and that a response would be made no later than 30 days from this date. 
XX/XX/XXXX : Called GF and spoke to XXXX who stated loan was under review and to withhold making any payment. 
XX/XX/XXXX : XXXX from GF called XXXX to request overdue XX/XX/XXXX payment. XXXX explained that per multiple prior calls from XXXX  to GF, GF had advised us to not submit any additional payments until GF completed processing all documents. XXXX stated no new loan modification application was needed because loan modification documents were already on file. 
XX/XX/XXXX : XXXX  called GF to make XX/XX/XXXX payment by phone. Paid monthly principle and interest {$1200.00}, plus additional {$700.00}, for total of {$1900.00}.

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 explanation