Consumer complaint received 2021-08-23
Company: SANTANDER BANK, NATIONAL ASSOCIATION
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I make Monthly transfers of money from XXXX  using the online bill pay option to a Santander Checking act. for auto pay of mortgage from this checking account. For 12 months there has been no problem. Bill pay on XXXX, mails a paper check to local XXXX, Santander branch, check should be deposited to Checking acct. I have documentation of {$2200.00} on XX/XX/XXXX check # XXXX ; XX/XX/XXXX of {$1400.00} check # XXXX ; XX/XX/XXXX of {$1000.00} check # XXXX. I was told by the XXXX branch Manager, XXXX, that a mistake was made on their end, as the teller who handled the check # XXXX for {$1400.00}, didnt know what to do with the check and applied it to the mortgage on XX/XX/XXXX, instead of depositing it into the checking account. That was the first mistake. When the attempt to make payment to the mortgage was made on XXXX, there were subsequently insufficient funds in the checking account. 
I spoke to a XXXX representative, XXXX, on XXXX, on a conference call with XXXX from Santander, and we figured out what happened, in that the check was handled incorrectly. I was transferred to someone in the mortgage company, XXXX, who I worked out the details with of what happened, she told me that the remaining balance of {$810.00} would be applied to the mortgage that day, XX/XX/XXXX so that it would still be in the grace period, there would be no processing or late fee. I received a confirmation # of XXXX. 

I received a letter, date XX/XX/XXXX saying that funds were received for the payment due XXXX. The identified amount of {$810.00} was posted to your account as unapplied funds and was not applied as a payment. We are unable to apply the funds because there is a shortage still due to complete one full monthly payment. The correct amount for the payment due XXXX is {$2200.00}. Please remit payment to Santander I called the number listed on XX/XX/XXXX, the day I received the letter and spoke with XXXX, XXXX, who assured me that she would reverse the {$1400.00} principal payment, combine it with the {$810.00} payment from the suspense account. That the fees would be reversed, the process would take place overnight, and would be applied the next day XX/XX/XXXX. I asked her why this hadnt happened already, and she said she could see where the process had started, but it hadnt gotten finished. 

On XXXX I received a letter saying Because you have indicated to us that you have been affected by COVID-19 and have requested assistance, a forbearance plan has been activated on our system. I did NOT indicate we have been affected by covid 19, and did NOT request assistance. This whole problem originated because of a local branch tellers mistake in mishandling funds. I called the Loss Mitigation Dept. on XXXX and spoke with XXXX, who I explained the situation to, starting with the mishandling of funds by the local teller. She could see where XXXX, had started the process, but it also had never been finalized. She told me she would process the request to make the XXXX payment with the funds that were available, and informed me it would take 5 days to process. She also told me she would try to call me back by the end of the day, which did not happen. I have enough money in our checking account to make the XXXX payment, which has not been automatically paid yet. She told me they hadnt made the XXXX payment because our account was in forbearance. I asked her if I was protected from being late on payments because of forbearance, and she said I was. She asked me if I would like to remove the forbearance at that time, and said No, as I wanted this to get straightened out first, as I was worried that the money intended for XXXX payment would get taken out of the checking account and applied to XXXX payment, and then I would be short on the XXXX payment. 


On XXXX I made a full payment of {$2200.00} in person, at the Santander  XXXX branch, with the Vice President, branch manager, XXXX XXXX in order to fulfill the XXXX payment. That day he wrote an email which I was ccd on, to request reversal of fees in the amount of {$86.00}, which has been done. He also mentioned in the email, how the funds were inappropriately handled by a teller in his branch. He said that day I could call to turn off the forbearance, which Ive since been told I couldnt do until the account was brought to full and current. 

On XXXX I called the Loss and mitigation dept, and spoke with XXXX, who said that he could see the task to apply the {$1400.00} and {$810.00} together as a full payment was opened on both XX/XX/XXXX and also XXXX. 
He said to call back in a couple days to check the progress. 

On XX/XX/XXXX I called the loss and mitigation dept, and spoke with XXXX, XXXX, who could not understand why any of this happened, or why it hadnt gotten taken care of yet. She was going to talk to her manager who told her to check with the accounting department to combine the {$1400.00} and {$810.00} for a full and complete payment, and that after that, my account could be removed from forbearance in 3-5 business days. She was also going to check with research department as to what had happened. She added a note to apply the {$1400.00} to payment with {$810.00} to satisfy the XXXX payment, However the payment I made in the XXXX branch on XXXX was used to satisfy that XXXX payment, I found out later. She said to call back on Friday and ask to speak with her, to make sure that the payment for XXXX was received. She was going to request to reinstate the ACH payments, Once the XXXX and XXXX payments were satisfied. I asked her to send a request for a detailed payment history which she did. 

I called on XX/XX/XXXX and asked to speak with XXXX, as it seemed she had some facts straight, and would be familiar with this situation. She was working with someone else, and she was sent a message to call me back, and I was told she would get back to me either that day, Friday, or Monday. I did not hear back from her on Friday. 

I called on Monday XX/XX/XXXX and asked to speak with XXXX. She was working with someone else, the person I spoke to said they could see where I had requested her to call me back and they would send another request. She did call me back that day. I had not yet received a detailed payment history, and she told me that customer service messaged back requesting a fax number, when she had requested the payment history be mailed to me, and also asking for a period of time for the history, when she had already requested 6 months. At this time I asked for the full history, as we have only had this mortgage for one full year, and I wanted to show that we had made all of our payments on time. She told me this time that she would have to request this from the research department. She then told me she could see that on XX/XX/XXXX they were supposed to have removed the {$810.00} from the suspense account, but it was not enough for a full payment. That {$1400.00} had already been applied on XXXX as a regular payment for principal and interest, ( which is also not enough for a full payment ). She could see where the XXXX payment was applied to the XXXX payment. She could see that {$86.00} in fees had been waived on XX/XX/XXXX. She told me to call back in two days, and hopefully she and her manager would have some answers for me then. 

I called back on XX/XX/XXXX at XXXXXXXX XXXX to the loss and mitigation and dept and asked to speak with XXXX. The person I spoke with asked me if I knew her extension. I have previously been told that they dont have extensions. This person then transferred me to the research department who told me that this request to have the two payments of {$1400.00} and {$810.00} would take 30-45 days to process. I told them I am not waiting that long, I need to fix this today and I want some answers today. She transferred me to XXXX, a specialist in Customer Service, I told her the situation and explained what I have been trying to do since XX/XX/XXXX. She said she placed a work order for misapplied funds to be applied to XXXX payment so that Im showing the next payment due would be XXXX, and she said this would take 7 business days. ( After Id been told already that it would be taken care of the next day on XX/XX/XXXX and also XX/XX/XXXX ) Once this work order was completed, a letter would be mailed to me showing the details. I asked her about getting my account removed from forbearance, and she told me it would take 45 days to do so. ( Another different answer ). I asked her about getting a detailed payment history and she told me that one had been mailed out on XX/XX/XXXX (? ) I explained to her what XXXX had told me about that. She did not have an answer. I asked about getting detailed transcripts of the many conversations I have had since XXXX, since they are all recorded and she responded, they are not legally obligated to provide that information. I asked her if I got lawyers involved if I could get them and she said you can ax your lawyer about that. ( How professional sounding ). I then asked to be transferred back to loss and mitigation and I was connected with XXXX, who after confirming my identity and account information, asked if there was some discrepancy about my forbearance. I told XXXX, as I had mentioned to others that I did not request to be placed in forbearance, that I had not been affected by COVID-19 and wanted it removed from my account. We then went on to discuss the XXXX and XXXX payments. She told me that {$1400.00} had been taken from a suspense account and applied to principal and interest on XX/XX/XXXX, and that {$810.00} had been applied on XX/XX/XXXX. ( Nobody seems to have the same information. ). She told me that XXXX payment had been made, ( which was probably the payment I made on XXXX ) but was going to check with the research department, this was at about XXXX. A few minutes later she came back to say she needed a few more minutes, thats the last I heard from her. I remained on hold until XXXX when I ended the call and returned to the XXXX branch and made another full payment in the amount of {$2200.00} from my XXXX XXXX XXXXXXXX Checking account. Upon hearing my voice and the conversation, the branch manager and vice President, XXXX XXXX, came out of his office and asked me where we were at with this situation, I quickly gave him the information that it was still a huge mess. He asked me to come and sit with him after I completed my payment with the teller. 
Which I did. We went over more details since we had last spoken, and he said he was going to make and executive complaint and that I should be expecting a phone call soon. That was at about XXXX. He gave me a reference # That afternoon I received an email stating that Executive Office Advocate XXXX XXXX was being assigned to my case. 

The next day XX/XX/XXXX I received a phone call from XXXX XXXX, who I explained all of this information to. She asked if I had asked to have my account placed in forbearance, which I told her, I had not. I asked how to remove the forbearance, and she said she would have to ask the mortgage department to get an answer. She said she would email them directly and they would respond to her with in two business days, which would be Monday, XX/XX/XXXX. That is today and I still have not heard from her as of XXXX XXXX She was also going to be in touch with the XXXX branch manager to go over how they handle paper checks, as far as depositing them to checking accounts or mortgages. I forwarded her all correspondence from Santander, including the forbearance letter ; copies of confirmations of payments from bill pay in XXXX  XXXX XXXX to Santander which showed the checking account number ; a receipt printed at the XXXX branch showing the {$1400.00} applied as a regular payment on XX/XX/XXXX ; receipts from 2 full mortgage payments made in person at the XXXX branch, for {$2200.00} each. 


My account is currently in forbearance, Which I did not request. Where did this request come from? 
I want to have some form of documentation, *showing that there was a mistake made on the part of Santander , from the original mishandling of the {$1400.00} *that there should Not have been insufficient funds to make the XXXX payment ; *That our account should NOT have been placed in forbearance I want our account removed from forbearance with no evidence of it being in forbearance, as we are in the process of refinancing with XXXX, as I want to do no further business, in any form, ever again with Santander Bank

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