Consumer complaint received 2018-05-25
Company: Seterus, Inc.
State: NM
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My parents passed away in rapid succession. The home is in a real estate trust. My sister lives in the home and we want to keep it. There is a mortgage on the home of XXXX. Seterus is servicing the loan for XXXX XXXX, according to the loan instrument there was no requirement to escrow insurance. Once Seterus began servicing the loan it immediately went into default. They never notified me or my sister and were sending notices to a mail box that had been closed for two years. I kept calling and tried to make a payment because I knew there was a payment. It took two years and multiple attempts to add me to the loan as Trustee of the Trust.

Seterus keeps asking me to assume the loan and I told them I am not responsible for the debt but will pay because we want to keep the house. My sister is living in the house and was making the mortgage payments. I reviewed an escrow statement and saw they were charging us for forced place insurance, despite the fact we had insurance. This went on for over a year and I didn't know because my sister was paying the bill. I asked them to correct it because we had XXXX and they refused. The insurance finally took affect in XX/XX/XXXX despite the fact I had been paying it for months. I asked them to refund the difference and issue a new escrow statement on the phone. 

Yesterday I got a notice of foreclosure mailed to XXXX XXXX where I live, the notice was dated XX/XX/XXXX. I didn't get it until the XXXX of XX/XX/XXXX. I called them immediately to make a payment and check to see if the escrow had been corrected. The woman told me I had until XX/XX/XXXX to pay XXXX dollars. She checked and the XXXX insurance is finally showing for XXXX XXXX and XXXX. I asked to make a payment over the phone for XXXX, told them I would make another next week and would be able to make a third payment in a week or so to get the loan current now that the escrow is fixed and would coordinate with my sister to make the final payment. I don't think its fair to give me approximately a weeks notice to come up with XXXX dollars since they created the problem by screwing up the escrow. I can't make payments online because its in an estate and the woman wouldn't except my payment on the phone. So I am basically offering to pay the full amount before XX/XX/XXXX although it would be helpful to have additional time. She told me to pay XXXX XXXX speed pay. 
1. Do they have a right to make the loan escrowed, used to be XXXX now serviced by Seterus who XXXX the mortgage used to be XXXX before I fixed the escrow they were charging XXXX. I also noticed they charged late fees and property inspection fees despite the fact they have had my contact info for 3 plus years and the home has been occupied the entire time. My Mom died in XXXX of XXXX and my sister lives in the house. I don't think they inspected the home and these fees are bogus and a way to XXXX people with fake fees. My sister has seasonal employment and gets her checks every two to three months.

2. They told me to pay with XXXX XXXX speed pay but I was uncomfortable doing that because I have no assurance they won't take the money and foreclose anyway. 

3. I signed the letter yesterday XX/XX/XXXX and the letter said 30 days for XX/XX/XXXX. I think I should have 30 days from receipt. 

Thank you for your help, XXXX XXXX ( XXXX ) XXXX Seterus # XXXX XXXX XXXX XXXX XXXX XXXX XXXX  they have me listed as XXXX XXXX which is my middle name, I have asked them to correct it and sent in multiple requests in writing as well as an escrow analysis and proof of property inspection

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