Consumer complaint received 2021-12-07
Company: SUMMIT FUNDING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I submitted a written request for XXXX removal to Summit Funding on XX/XX/XXXX. Their Customer Care department told me they didn't process my written request until XX/XX/XXXX. As part of the process, I paid for an appraisal through Summit Funding. The appraisal was completed XX/XX/XXXX, And cost me about {$370.00}. 

I called Summit Funding Customer Care Division ( XXXX ) on XX/XX/XXXX to get an update on my XXXX  removal request. I was told by Customer Care that I would receive an answer no later than XX/XX/XXXX. 

I called back on XX/XX/XXXX, as I have still not heard back. I was then told I will not get a resolution until XX/XX/XXXX. 

I wrote them on XX/XX/XXXX to formally inform them that this is a violation of the Home Owner 's Protection Act regarding XXXX Cancellation. I spoke to 5 different people via the XXXX number through Customer Care and also contacted Summit Funding directly via the XXXX phone number to inform them that they are violating this law by not responding back to my XX/XX/XXXX request to remove XXXX 

Per the Home Owner 's Protection Act : " The servicer must, not later than 30 days after XXXX  relating to a residential mortgage transaction is cancelled or terminated, notify the borrower in writing that XXXX XXXX has terminated and the borrower no longer has XXXX XXXX and No further premiums, payments, or other fees are due or payable by the borrower in connection with XXXX 

Notice of Grounds/Timing : If a servicer determines that a borrower in a residential mortgage transaction does not qualify for XXXX cancellation or automatic termination, the servicer must provide the borrower with a written notice of the grounds relied on for that determination. If an appraisal was used in making the determination, the servicer must give the appraisal results to the borrower. If a borrower does not qualify for cancellation, the notice must be provided not later than 30 days the later of : the date the borrower 's request for cancellation is received ; or the date on which the borrower satisfies any evidence and certification requirements of the mortgage holder. If the borrower does not meet the requirements for automatic termination, the notice must be provided not later than 30 days following the scheduled termination date ( 12 U.S.C 4904 ( b ) ). '' I spent over two hours on the phone with Summit Funding starting at XXXX XXXX until XXXX PM with the Customer Care line and to Summit Funding directly to try to get a resolution. I was very clear with them that they are in violation of the above Home Owner 's Protection Act by not having an answer for me. I was told " Somebody at Summit Funding dropped the ball '' and there was nothing they could do to get me an answer regarding my request to cancel my XXXX. I was told that Summit Funding has not even received my Appraisal that took place on XX/XX/XXXX. They told me they escalated this case. I requested over the phone that Summit funding credit my account in the amount of {$260.00} in good faith ( the amount of XXXX  for the month of XXXX ), since Summit Funding is breaking the Home Owner 's Protection Act law and they are the ones that admitted to dropping the ball. I should have received a response no later than XX/XX/XXXX ( 30 days after you claim to have received the Written XXXX  Cancellation request that I submitted on XX/XX/XXXX ). Therefore, assuming the appraisal came back as expected, I should not have to pay XXXX in XXXX. I was told over the phone that is not possible. 

I informed them, My next step is to contact Consumer Financial Protection Bureau ( CFPB ), as their job is to enforce the Home Owner 's Protection Act that they are in violation of. I told them I will be contacting them by XX/XX/XXXX if I do not hear back from them by this day with a reasonable resolution regarding my PMI payment for XXXX and my XXXX  going forward. In addition, I requested a copy of my appraisal, which is my right under the law. I still have not received this information. 

Today is XX/XX/XXXX, and they still have not responded to my emails or calls to get this resolved. 

They do not care to follow the Home Owners protection act, dont care they are in violation of it, which is costing me money that I shouldnt have to pay.

Company response to consumer: Closed with explanation