Consumer complaint received 2017-08-01
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I filed for bankruptcy  XX/XX/XXXX  and made my first post filing payment  XX/XX/XXXX . I was responsible for 11 payments from  XXXX - XX/XX/XXXX . The issue is that BMO Harris completed an incorrect escrow analysis which reduced my mortgage from {$840.00} to {$720.00}, this reduction was due to a lack of including my second tax installment. I received notification around  XXXX / XX/XX/XXXX  that my mortgage would increase to {$1000.00} due to an escrow shortage of {$1700.00}. After getting my account current on XX/XX/XXXX , I sent BMO Bankruptcy team a request to complete a new escrow analysis and requested a mortgage reduction. On  XX/XX/XXXX , I called the bankruptcy team regarding as a follow up to my request. I received a call from someone in escrow department stating that the escrow analysis did n't include one tax installment and my homeowners insurance and that a supervisor would call me. I was also advised that the BMO Harris Bankruptcy team must give escrow permission to speak to me. I never received a call from the supervisor or a resolution. I received in the mail 9 page document that detailed transaction history since start of mortgage in   XXXX   On  XX/XX/XXXX , I submitted a letter via fax to BMO Bankruptcy team requesting an in-person meeting with a representative from both escrow and bankruptcy team to review my account to address my concerns. The meeting has not occurred, I was mailed the original escrow analysis and told the one of the departments are not based in Illinois. I also dealt with during the month of   XXXX   and  XXXX , getting my chapter  XXXX  plan amended as the plan has only sent BMO one payment of {$150.00} due to the debt being labeled unsecured vs secured. As of  XX/XX/XXXX , My account was current for all  XXXX - XX/XX/XXXX  payments @ {$720.00} and  XXXX - XX/XX/XXXX  payments @ {$1000.00}. I had {$420.00} in un-applied funds that was overage from my payments. I made a payment of {$590.00} by phone on  XX/XX/XXXX , that was to be added with the unapplied funds to complete a payment for XX/XX/XXXX  payment. During that call with the BMO Bankruptcy specialist, I was not informed that my account had been referred to legal for missed payments. I advised during call that I would make another payment in   XXXX   to rectify  XXXX  payment and also that I could n't afford the {$1000.00} mortgage, confirmed that a payment had not been received from bankruptcy trustee as well. The bankruptcy specialist confirmed the amount I had in unapplied funds and sent an email to release those funds because I made a payment for the difference to make a complete payment. BMO does not accept partial payments.
On XX/XX/XXXX , I received copy of motion to dismiss filed by BMO for 4 missed payments on  XX/XX/XXXX . I called the BMO bankruptcy team on  XX/XX/XXXX  and was told : I could not make a payment post filing, BMO did leave out one of my tax installments on escrow analysis but I must still pay, and my attorney should file immediately a motion for resolution and that escrow payments can be paid over 24 months possible.
It is the miscaluculations of both the bankruptcy and escrow team that has gotten here. Why did they accept my  XX/XX/XXXX  payment and not apply it to  XX/XX/XXXX  payment if they had already filed? Why is the surplus amount stating {$960.00}, when I had {$420.00} in unapplied funds and paid on XX/XX/XXXX  {$590.00} which totals {$1000.00}. Their motion is documented incorrectly as I currently owe  XXXX - XX/XX/XXXX  as of  XX/XX/XXXX , which I could n't pay any of this due to filing and now I owe  XX/XX/XXXX .

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