Consumer complaint received 2021-10-30
Company: AMERIS BANCORP
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Attn : FDIC Re : Ameris Bank Account # XXXX In the last ten months, I've contacted Ameris Bank over 50 times via phone, email, and written letters regarding the issue I am having with the COVID19 Forbearance that I took in XXXX of XXXX through XXXX of XXXX. I resumed making my mortgage payments in XXXX of XXXX, at which time I requested a Partial Claim Only option per the COVID19 Cares Act. It took Ameris Bank several months to even get the partial claim document to me. The documents were not sent to me but emailed to my attorney from their attorney. The dates on the document did not reflect the actual dates that I was on the COVID19 Forbearance. By my calculations, the amount of the partial claim is severely overstated. 

It took Ameris Bank several months to acknowledge my problem. Each time I contacted Ameris bank, they emailed and mailed a generic response stating that their agents reviewed the partial claim case during my calls with them, and I was told to return the documents, which is incorrect. The generic responses did not capture ANY of the reasons for my continuous calls. I finally received a partial answer to my issues, but even then, the correspondence I received had incorrect information about my payment history and partial claim information. 

According to Ameris Bank, the total partial claim amount submitted to HUD on my behalf is {$21000.00}. Ameris further explained in the letter dated ( XX/XX/XXXX ) that they included " loan modification '' documents with the partial claim documents in case I wanted that option. The documents I received did not specify a difference, and they were highly confusing, and it appeared to be one offer for resolving my unpaid balance during the COVID19 Forbearance. In the letter, Ameris Bank stated that my mortgage payment increased due to an escrow analysis performed on XX/XX/XXXX, while I was still in the COVID19 Forbearance. The analysis increased my mortgage payment due to an escrow shortage for XXXX Property Taxes, Insurance, and PMI ( my loan is FHA ) from {$1300.00} to {$1800.00} to start in XXXX of XXXX. I understand the increase. However, I do not know why my mortgage was increased while I was in the COVID19 Forbearance when I could not afford to make any payments. Ameris Bank further explained in the correspondence that when the Partial Claim Documents were drawn up, the last installment payment on my account was on XX/XX/XXXX. Then in another section of the letter, it reads verbatim that when I resumed making payments in XXXX of XXXX, the payment was applied to the last unpaid month, which was XXXX of XXXX. Again, I did not start the COVID19 Forbearance until XXXX of XXXX. Ameris Bank did not notify me that my COVID19 Forbearance was approved until after my XXXX payment due date- so I made the XXXX payment on XX/XX/XXXX. The first payment I missed under the COVID19 Forbearance was in XXXX of XXXX. I do not understand XXXX ) how Partial Claim documents were drawn up before I notified Ameris Bank that I could resume my monthly mortgage payments, XXXX ) Why are the payments I started making in XXXX of XXXX being applied to XXXX of XXXX when I made my regular mortgage payment in XXXX of XXXX ( which I have in a payment history document that I've received from Ameris Bank ). I've missed paying my mortgage payment during the COVID19 Forbearance, XX/XX/XXXX, until XXXX of XXXX. The only other time I've ever missed a mortgage payment was in XX/XX/XXXX, when I filed for a Chapter XXXX Bankruptcy. XX/XX/XXXX was included in the Chapter XXXX Bankruptcy, which I have documented from their attorney to validate that my XX/XX/XXXX payment was included. Other than what I've mentioned in this letter, I've never missed a payment or paid late. 

The letter from Ameris Bank also states that I have a negative escrow balance of {$890.00} from XXXX. I am just asking for Ameris Bank to review my payment history and adjust the dates and partial claim information to accurately reflect what happened. Ameris did not provide a breakdown of the partial claim amount. They advised me that the partial claim calculation is based on 14 months which I don't understand why there is an extra 4 months added to the actual time I was in the COVID19 Forbearance. By my calculations, the XX/XX/XXXX payment I made should have been applied to the XX/XX/XXXX payment, the XX/XX/XXXX payment should have been applied to the XX/XX/XXXX payment, and so on until XX/XX/XXXX. I ended the COVID19 Forbearance, and I started making payment in XXXX of XXXX ). 

Per Ameris Bank, the last escrow analysis they performed was in XXXX of XXXX, which increased my mortgage starting in XXXX of XXXX. Therefore, my mortgage payment amounts while on the COVID19 Forbearance should be calculated at the monthly payment before the escrow analysis in XXXX of XXXX. By my calculations, XXXX thru XXXX, my payments were {$1300.00}, which equals {$6700.00}. Even if the increased payment was calculated in the partial claim amount, it should only be for XXXX, XXXX, and XXXX, which equals {$5500.00}. The XXXX together equate to {$12000.00}. But again, the partial claim documents show a partial claim amount of {$21000.00}. 

When I first received the partial claim documents from my attorney, Ameris Bank told me to return them, and the incorrect amount would be adjusted. The document instructed me to return the paperwork, signed and notarized, within 30 days of the date of the letter. By the time I received the documents from my attorney, the date had already passed. 

At this time, I am still waiting for an accurate breakdown of the partial claim amount. This is money that I will have to pay back at the end of my loan. All I am asking for is a clear understanding about the amount of the partial claim. I have continued making monthly payments since XX/XX/XXXX. I've even paid {$300.00} extra for six months of this year - which has been applied to my escrow shortage which now has balance - {$890.00}. 

Kind Regards, XXXX XXXX

Company response to consumer: Closed with explanation