Consumer complaint received 2019-01-31
Company: West Coast Servicing, Inc.
State: NY
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
West Coast Servicing, XXXX XXXX XXXX, XXXX XXXX, CA XXXX / XXXX XXXX   XXXX at XXXX XXXX XXXX XXXX, XXXX TX XXXX are using illegal and Fraudulent tactics/actions to collect a debt amount that is not owed. 

In XXXX XXXX XXXX, we had a 15 yr. loan @ 13 % with XXXX XXXX XXXX, XXXX XXXX XXXX, & XXXX and the maturity of the loan was XXXX XXXX, XXXX. 

Each of the before mentioned finance companies ALL were frankly taken over by XXXX. 

After falling behind on taxes, it was made good in a court action, to which back taxes were brought current in a chapter XXXX proceeding. In the repayment plan, XXXX XXXX XXXX. also collected over {$17000.00}, {$12000.00}, and over {$5000.00} in lump sums, in addition to my monthly payments of {$2000.00}. 

Now that everything was current, while in court, the Trustee also approved the Payoff Application that I made to XXXX, while we were in Court XXXX agreed. Only it was a Ploy/stalling tactic to move out of the " Eyes '' of the law. After court, XXXX resumed taking monthly payments, but XXXX NEVER resumed sending the official " Statements '' as required by Law. 

None of the Lump sum totals Mentioned above are reflected on our loan account from XXXX, after I requested a summary of my account with them. 

In XXXX, I paid an undertaking of {$10000.00} to XXXX XXXX XXXX office. Now, this lump sum, I was told by XXXX XXXX XXXX office that this Lump sum was going to be applied to the Balloon payment becoming due XX/XX/XXXX. 

Again, the facts relating to ALL the Lumps sums paid were hidden and NEVER applied to my account. Even with the breakdown of specific fees relating to attorney fees and related court cost, none of my lump sum payments are posted on my account. 

I have ordered the bank records and the chapter XXXX & XXXX records. Subsequently, XXXX record does not reflect payments made through the Chapters either. 

In XXXX, XXXX transferred us while officially in the midst of a Modification. IT is worth mentioning again, XXXX continued to accept monthly payments, but a XXXX Workout Specialist verbally said they didn't know what to do with my account because after XXXX XXXX, XXXX they were not obligated to send out " Monthly Statements. '' I was confused by this because I felt I should know how the money that I continued to send, was going to be applied. In XXXX XXXX, I was sent notice of an upcoming transfer to XXXX XXXX. 

XXXX XXXX, never sent any documentation of any to our residence. Nor did XXXX continue with the Modification application. 

In a matter of 8 months, XXXX transferred the Debt to XXXX XXXX  with notice. Ever since then, No one has given us an documentation that reflects an accurate record to include ALL of the above amounts paid. 

Moreover, Its like a Con-job/SCAM more than anything! I have been finically harmed and deceived, plus subjected to harassment! 

West Coast Serving has never provided me with servicing. In fact, Section 5 of RESPA ( 12 U.S.C.S ) 2605 gives the consumer rights. 

Given the laws on the books to protect consumers, it is my legal right to submit as truth and fact, that I was never given any proper/official Not of Transfer as required by law. 

West Coast Servicing, XXXX XXXX, and XXXX XXXX intentionally violated the law and must STILL be held to accountable to the Law according to Section 6 of RESPA. 

Further, the law provides for damages and cost for individuals where Servicers are shown to have violated the requirements of this section according to transfer Practices and Requirements. 

Please note, West Coast Servicing has never sent any documentation reflecting ANY of the above payments previously made to XXXX. 

It is my firm belief and testimony that XXXX has never correctly applied money paid to their representing attorney XXXX XXXX XXXX XXXX, and further the additional monies paid thereafter up until XXXX, and in XXXX, we prepaid our property taxes. 

Now, our property taxes are once again delinquent. Plus, we are experiencing roof leaks from the serve weather and our heating unit is in need of immediate replacement. 

Since all the repairs are costly, We are stuck between a rock and hard spot because we need a home equity loan to address all the repairs needed that's also long over due. 

West Coast Servicing and XXXX have violated the Fair Debt Collection Practices Act.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation