Consumer complaint received 2020-12-02
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I am an attorney and have power of attorney for my elderly father, who started the process of attempting to pay off his mortgage loan with BMO Harris Bank in XXXX. He had considerable difficulty obtaining a pay-off statement and, according to him was given " the run around. '' BMO Harris ultimately directed him to XXXX, as its administrative agent. When he finally received the requested pay off statement from XXXX via facsimile on XX/XX/XXXX, not only did it have a good to date of XX/XX/XXXX, which PRE-DATED the date it was actually provided in violation of the banking regulations, but it also contained numerous errors and inconsistencies on the face of the document, including an interest calculation for 0.0000 % at {$550.00} and a charge of {$2300.00} for something called recoverable balance. 

I spoke with " XXXX '' at XXXX to attempt to reconcile these issues to no avail. Initially, he indicated that the recoverable balance figure could have to do with a tax or insurance payment, but then advised that other records showed that the charge had been removed from the account. The interest rate issue, he could not explain and needed time to further investigate, recommending that we request a new pay-off statement in seven days, which we did not want to do as the loan was coming due. Thus, I spoke with his supervisor, XXXX XXXX at XXXX XXXX, who promised to look into the inaccuracies and provide a proper pay off statement ASAP so that the loan could be paid off. Unfortunately, XXXX then went radio silent and failed to respond to my numerous emails and follow up requests for a proper payoff statement so that the loan could be satisfied. See emails dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. 

Frustrated with the lack of response to the request to obtain a proper pay-off letter or explain the basis for the miscellaneous charge of {$2300.00} on the erroneous and obsolete pay-off letter that was sent, on XX/XX/XXXX, a formal request to terminate was faxed and a wire for {$80000.00} was sent. The amount of {$80000.00} was excess of the amount owed even with the improper and unexplained miscellaneous charges. The check cleared from the issuing bank on XX/XX/XXXX. I continued to follow up with XXXX to obtain proper payoff statement and answers to the outstanding questions related to any charges assessed against the account on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. See, emails dated XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. XXXX never responded to any of these direct email requests which were sent to XXXX XXXX. 

On XX/XX/XXXX, my father received a monthly billing statement dated XX/XX/XXXX which showed a payment due of {$77000.00} to satisfy the loan. Thereafter, I call BMO Harris directly as XXXX had completely ignored our repeated requests for information. BMO service representative confirmed the loan had been paid in full, but refused to provide any additional information claiming that the oral authorization previously provided numerous time over the phone by my father had expired. I provided a formal written authorization on the loan account to BMO Harris on XX/XX/XXXX. 

On XX/XX/XXXX BMO Harris forwarded an acknowledgment of the authorization to my office address. I called the number provided on BMO Harris 's acknowledgement and spoke first with XXXX who confirmed that there was a charge assessed against the account for {$23000.00}, but could not explain the nature of the charge or why it was assessed. I then spoke with XXXX, who was also unable to explain the basis for the miscellaneous charges were applied to the account in connection with the loan pay off. Notably, this was the same {$23000.00} charge that was initially at issue in the bad XX/XX/XXXX pay off statement issued by XXXX and the same charge that was purportedly removed from the account per my discussions with XXXX on XX/XX/XXXX. Because neither BMO representative could provide an explanation as to what the charge was for, they directed me to communicate the inquiry via email to " XXXX, '' claiming that someone would respond to the inquiry within 24 hours. 

Thereafter, I forwarded to the email address provided a history similar to that set out above with the request that the Bank provide an accounting of the charges assessed against the loan account and explain the basis for any miscellaneous charges. XXXX, XX/XX/XXXX email. After receiving no response, I followed up again on XX/XX/XXXX. BMO Harris still did not respond. 

On XX/XX/XXXX, my father received a refund check for {$120.00}. On XX/XX/XXXX I followed up again via the email address that the Bank provided and advised that we had received a " refund '' check that was considerably less than what was owed and outstanding and had repeatedly demanded an itemization and accounting of the charges assessed against the account. I advised that if we did not hear back regarding this issue, we would be forced to take formal action, including but not limited to filing complaints with consumer protection agencies and civil court to the extent a conversion claim was necessary. 

Not one of the numerous people we have had try to assist us have been able to explain this charge. The Bank and its agents complete failure to respond to our repeated documented requests for a proper pay off letter and answer the questions we have about the improper charges is inexcusable and should subject BMO to liability under the banking regulations. 

We have demanded that the miscellaneous charge of {$2300.00} be reversed and reimbursed and that the funds in excess of {$77000.00} pay-off amount noted in the XX/XX/XXXX closing statement be returned immediately to avoid further action. Please contact me promptly with questions or need for additional information.

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