Consumer complaint received 2022-01-05
Company: PLANET HOME LENDING, LLC
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This is a second complaint to follow up, as the feedback received, which is attached is incomplete and they requested additional information, as otherwise, without it, they are refusing to provide the legal protections afforded to us by CARES Act due to their mistake. 

I send an email to the company today, to respond to their letter sent via my prior CFPB Complaint. 

The company failed to record successfully the call on or about the XXXX of XXXX requesting that CARES Act forbearance be added to the account either effective XX/XX/2021 or XX/XX/2021. The Agent quickly said no problem and that a confirmation would be forth coming, etc. 

My son, who I am the non-owner-occupied cosigner on, also listed his house to sell, given the financial impact being placed upon him due to COVID, was getting the house ready for listing and never paid attention to the confirmation. We listed and successfully sold his home ; however, I got a credit monitoring notification that a negative posting had happened to mine and his credit. Seeing it was the mortgage, KNOWING he had called and requested it, we immediately called to let them know of the mistake. They are refusing since they have no documentation of the call in their records to apply the CARES Act protections, since the loan is also paid in full. 

The call was quick and it now makes sense as to why the call wasn't documented properly, etc. I have now provided the date of the call and once again requesting that CARES Act protections be applied to the account effective either XX/XX/2021 or XX/XX/2021, which would then update the credit account to current, as this loan in it's entire history has never been late, even prior to this servicer taking this on. 

Lastly, to add insult to injury, I was never called and/or contacted about the delinquency in XXXX as had I been, we would have caught their mistake in the month of XXXX and it would have been an easy solution to fix for them and us. Yet, when I asked on one of the calls and many transfers, they said my number was not consented. Sure, it is a cell phone number, but they can call dialing with Agent intervention to let me know the loan was past due. Their process failure to call me, as most servicer do, using manual dialing to avoid TCPA violations, further makes this interesting, as one call would have prevented this mistake, that I only learned about via credit monitoring. 

With this said, I once again, implore the company to provide the protections, that I am legally allowed to have, that are being continually denied me, due to their mistake in handling one call. Instead of doing the right thing, they are choosing to make this difficult since the loan is paid in full. I will continue to advocate Texas AG, Texas Senators and US Representatives that a company mistake, which happens, is not being resolved using the information provided, since this came to light discussed in calls and in emails to the company prior to filing the CFPB compliant and this follow up compliant. 

I hope this resolves this matter before I notify the parties listed above and explore other available options. 

Thanks! 

XXXX XXXX

Company response to consumer: Closed with explanation