Consumer complaint received 2022-01-21
Company: Commerce Home Mortgage, Inc
State: KY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
This is an email I sent to XXXX XXXX of Change Home Mortgage regarding the complaint I would like to file. No representative from the lending agency has contacted me. 

Dear XXXX XXXX XXXX, I am including several people in this communication to be insured that everyone can be on the same page in this matter and that everyone is aware of all conversations that may reference them. This is regarding the sale of my home and land parcels at XXXX XXXX XXXX. XXXX, ID XXXX that was purchased in XX/XX/2021 by your client. I do not have his contact information or I would include him in this email group as well. 
I am including XXXX XXXX ; the agent that represented me in the sale of my home. He and his wife XXXX did a fantastic job of marketing and showing my home and property. They were phenomenal at maintaining contact with myself, the title company, and your lending agency, gaining and providing as much information as they were given. 
I am also including XXXX XXXX : the agent responsible for representing and advising your client. I have been in communication with him on several occasions to attempt to resolve the matter I will be addressing here. 
I have not personally communicated with XXXX XXXX but was told by XXXX XXXX that she is the broker that he confers with for advisement, so am including her as well. 
Included is XXXX XXXX of XXXX XXXX. She was the title agent or officer that assisted me with the legal documentation of the sale and transfer of title. XXXX went above and beyond her normal duties to assure that communication was not broken between my agent, myself, your client 's agent and your lending agency. 
Lastly but not least, I am including XXXX XXXX who is my financial advisor. 
I personally was in contact at the end of the process with XXXX of your agency but do not have her email address to include. I do have her phone number and several text messages and voicemails to and from her I know that you are aware of the situation and hardship I was put in due to the delays of your agency 's processing of the loan that funded the purchase of my home but let me reiterate. 

Please put yourself in my shoes as you read and consider this... 

The contract with your client to purchase my home was signed on XXXX XXXX. The close date was originally marked as XX/XX/2021 but changed to XX/XX/2021. I was informed that I would need to vacate the home on the date of closing. I had 2 horses, 6 dogs, 2 cats, 18 chickens, my adult daughter, son-in-law and baby grandson living with me at the time. 
When this contract was in place, I signed a contract to purchase a home in Kentucky on a contract with an original close date of XXXX XXXX but was required to move it out to XX/XX/2021 due to delays. I had paid non-refundable earnest money of {$6000.00} to secure the purchase. The trip would take 4 days of travel time due to the distance and slower speed capability of moving livestock and large trucks. 
I hired 2 drivers to assist my family in the move. I made reservations for hotels, horse stables, XXXX XXXX, and 2 transport trailers for a 5-day period. I also made airplane reservations for my drivers to be flown back to Idaho from Kentucky for XXXX XXXX. These airline tickets were non-refundable. 
As the date got closer, I gave my resignation to my employer and arranged for all utilities to be discontinued on XX/XX/XXXX, as my plan was to be leaving Idaho and traveling to Kentucky to my new home. My final day of work in Idaho was XXXX XXXX to leave me time to eliminate and pack household and personal items and to make all arrangements necessary for a move more than XXXX miles across the country. I found homes for my chickens and purchased items necessary for a long safe trip for my remaining animals. I said goodbye to my friends and family. I purchased food to prepare for my crew along the drive, which I needed to keep refrigerated. 


However, as the closing day approached, XXXX had reached out to your agency on numerous occasions to be sure everything was on track. Several times she didn't get an answer. I was told that it " should be '' good. XXXX was at a loss but tried to remain positive and encouraging. 
I had completely exhausted all my financial resources by charging the rental truck and trailers, motel rooms and such to my credit card. I had no more income. 
My drivers needed to be paid for their time and needed to be free to move on with their other customers.

I tried to be optimistic but when the 15th was upon us, I requested that your client 's earnes
t money be released to me so that I could pay our traveling expenses and my driver 's expenses. 

XXXX and XXXX processed the release of funds for me. I was hesitant to journey so far away at the risk of not having funds to purchase the new home and not being able to afford to return if that failed. I was told that I should wait and made the choice to stay in Idaho until the following Monday XX/XX/XXXX, to allow your agency the opportunity to take the steps to fund the loan. There was very limited communication between your company and the title company or my agent, and none with me. 

At that time, XXXX had the close date extended to protect both myself and your client from loss of contract which would make it legally necessary to begin completely over again. I was not totally in agreement due to the critical timing, but was fearful of losing the earnest money in Kentucky, that I could not afford to lose. 

My utilities were turned off. We had no running water, no electricity, no heat, no toilets, no shower, no more trash service, we couldn't cook due to the natural gas being disconnected, and the food in the refrigerator spoiled. We had a baby in the home and the weather turned cold. We could not afford to stay in an extra motel with 6 dogs and 2 cats. We could not provide fresh water for our horses. We had all our belongings loaded in a XXXX truck and slept on the floor. 
It would have cost extra fees to reconnect the utilities even for a few days. 

I stepped out in faith on Tuesday XX/XX/2021 to begin making the trip to Kentucky as I was being told that the funds " should come in '' to meet my closing appointment on Friday. There were addendums required along my way which were required due to the lack of completion of your loan to your client. I communicated with the agent for the owner of the home in Kentucky and even she contacted someone in your company on XX/XX/XXXX to insure that I would be able to meet my end of the agreement. She was promised a phone call with an update the following morning. She did not receive a phone call. 
I eventually got contact information and reached out to your agency. XXXX was kind enough to call me back. 

The funding did not come through until Wednesday morning XX/XX/2021. That is 12 days past the closing date. I was across the country with no home for my family or animals. 

I drove throughout the night to be where I was supposed to be. I signed everything I was supposed to sign, I communicated with everyone I was supposed to communicate with. I was compliant and patient and understanding. 
At the title company at my closing appointment, I still had no funds, no home, no place to go, no money to get there, and many relying on me. I would not be able to have employment until I was confident that I would be staying in the area and I couldn't be assured of that until I had my new home secured. 

I was told by a lender, the real estate agent and the title company here that I should file a lawsuit and that it was completely unethical and unprofessional handling of this contract. I would like to give you the opportunity to set this right before using an overwhelmed legal system or lender reporting organization to alleviate anger, resentment and frustration. 

What was supposed to be a joyful time of beginning a new phase of life for my family and myself, the failure to fulfill your commitment in the time agreed upon in contract, I am nauseated by the undue stress that was placed on my shoulders. 


Additional Expenses that are listed here were incurred due to delay of loan being processed and funding being transferred. I am asking to be reimbursed for the amount of {$10000.00}, in addition to {$15000.00} compensation for undue stress for a total of {$25000.00}. 

Driver 1 - Wages {$400.00} Lodging {$140.00} Rental car {$400.00} Fuel {$200.00} Food {$50.00} Driver 2- Wages {$600.00} Lodging {$210.00} Food {$70.00} Flight {$380.00} Flight change Non-refundable flight cancellation {$560.00} Fuel for additional trips to XXXX XXXX drivers ) {$120.00} XXXX truck and 2 trailers extension- {$3800.00} Mortgage, XXXX  late fees - {$140.00} Loss of wages- {$960.00} Uncancelled Lodging charges billed to credit card- {$1800.00} Undue stress - {$15000.00} Please contact me by XXXX XXXX to resolve this matter. 




Sincerely, XXXX XXXX XXXX

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation