Consumer complaint received 2022-09-03
Company: CountryPlace Acceptance Corporation
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
As a company, how can you be committed to building, selling, financing and insuring affordable homes when customers complain you take XXXX responsibility and treat the mortgage, the manufacturer, the retailer and the insurance company as separate entities? 

Our mortgage, our home, the utilities connected to our home, and the processes involved in purchasing our home are all the same thing to us. Its just simply OUR HOME. 

You refuse to hold yourself accountable for your builders, sellers, financing, and insuring subsidiaries and the actions that occur within your company with a company motto of XXXX XXXX. Your company culture does not match your companies actions. 

My family has endured enough. We have worked extremely hard to obtain our first home that we purchased from you. Now were facing our second foreclosure from you. 

I have lost my job because of this, suffered finically, and faced enough consequences due to the failures of your company. I live in a home with conditions that pose a threat to the health and safety of my family and this home jeopardizes the soundness and structural integrity of the property. 

My electrical utilities, water utilities, and my driveway are encroaching on my neighboring properties. 

I have an insufficient, unsafe, non portable water source with inadequate pressure and no protection from this non potable water from contaminating and polluting due to back flow preventers not being installed. 

My company has suffered and has been impacted by your actions taken against our credit because you expect us to pay you 30 years of fraudulent mortgage payments that you induced us to sign. Our Companys abilities in acquiring a business line of credit have been limited by your actions taken against us not allowing us to expand on bigger jobs. 

We recently have suffered a non-fault accident that resulted in out vehicle to be totaled and denied financing repeatedly because of your actions taken against us. 

Due to your negligence my children have suffered harm. Every day is scary for us including minor things such as taking a bath and brushing our teeth. 

We receive door letters from you with phone numbers that dont work and we have XXXX answers from you. You have provided XXXX effort to take corrective action and you get away with providing false information and incorrect facts. 

Despite your harm and wrong doings to us we will be ok and we will survive no matter what you do to us. It is truly amazing what we are capable of accomplishing with all the obstacles you put in our way. I will stop at nothing to ensure that my family has a home that is safe and secure and that it can adequately provide suitable living. Wouldnt you? 

I would really like to resolve this with you. I would like to stop continuing to suffer unnecessarily. I am more than happy to uphold to my responsibilities as a home buyer and pay a mortgage for a home that can justifiable state what I should pay. Please do whatever is necessary with if your power to do to correct the things you can and mitigate the negative consequences that we are both suffering because of this. 

The Property was not properly graded and there are site drainage problems which have resulted in damage to the foundation. 

The grading and slopes were done in a way that causes surface water to drain toward the home, instead of away from the homes foundation. 

There are ventilation problems in the underfloor space because the ventilation is not up to code standards. This has led to mold in the attic, roof, kitchen, and bathroom areas of a home. This problem is exacerbated by improper exhaust fan venting, improperly sized ducts, and blocked ducts. 

The foundation problems have resulted in settling which have caused numerous cracks in the interior sheetrock walls. 

The house needs to be removed from the foundation entirely and the site prepared to meet existing code regulations ; then the house needs to be reinstalled in a manner compliant with code regulations, with adequate under floor ventilation and proper grading. 

XXXXXXXX XXXX XXXX ( XXXX  ), or its agents, represented that water for the Property would be provided by XXXX XXXX XXXX XXXX ( XXXX ). However, neither XXXX nor its developer ( XXXX XXXX, XXXX ) have paid the required fees and done the construction required by XXXX feasibility study. Consequently, XXXX has refused to provide water service to the Property. 

There is a shared water well agreement for the Property, under which no more than four properties are to share the well. PHVs developer has connected more than four properties to the well. This shared water well agreement was never disclosed to us prior to their agreement to purchase the Property, nor was it disclosed at the closing. In fact, the loan and earnest money contract signed stated that there was not a shared well for the Property. 

The water flow rate from the well is inadequate and fails to meet the required three gallons per minute flow rate, nor does it yield the allowed pressurized storage of no less than 720 gallons to each dwelling. What little water does flow is contaminated. 

There are high levels of Nitrates and Nitrites and there are insufficient amounts of sodium hypochlorite to properly disinfect the water of harmful bacteria. 

The power supply for the well pump is located on a power pole controlled by the developer and is fenced in. Because the developer has failed on a number of occasions to pay his electric bill, there have been several times when is and our children had no water all. 

As a result of the above, Us, and our children lack access to potable water for the Property and are only able to use what little water they can get for showering. 

The final version of the notice of violation from the District 's attorney was done on Friday afternoon and it should be in the mail to the developer.The notice gives the developer 14 days to meet with the XXXX XXXX XXXX XXXX and resolve the issue of regarding the violation of District rules governing an exempt well. 

The on-site sewage facilities permit for the septic system was only approved on the condition that the public drinking water would be provided by XXXX. XXXX, the existing septic system on the property is in violation of the permit. 

There have been a number of surveys done on the Property. The survey that was the basis of the purchase by us, that you represented was the boundaries and acreage of the Property, is at odds with the other surveys which have been done of the Property. As a result, it appears that the Property that was actually conveyed to us by you, is smaller in area than what you represented to them. 

On XX/XX/XXXX, I sent an email to Country Place Mortgage Requesting to see if I was eligible for Loss Mitigation. I got no response. 
On XX/XX/XXXX, my foreclosure was cancelled voluntarily within 40 minutes after I desperately pleaded with Country Place Mortgage regarding my situation and desire for peaceful resolution. 

On XX/XX/XXXX, the Department of Savings and Mortgage Lending determined that the Actions of Country Place Mortgage and XXXX XXXX XXXX constitute apparent Violations of the Texas Finance Code that potentially justifies instituting disciplinary/enforcement action against Country Place Mortgage and XXXX XXXX XXXX XXXX 

The Texas Department of Housing and Community Affairs Required Form T that was conducted on XX/XX/XXXX, was never completed. 

The Regional Vice President XXXX XXXX never offered to assist us in selling our home nor purchase the home from us. 

Country Place Mortgage failed to comply with its obligations to obtain the water test results prior to the loan closing. 

There are numerous amounts of loan documents, appraisal documents, underwriting documents within my required paperwork with missing information. 

The XXXX XXXX did not have the Shared Well Agreement, nor other vital information that Country Place Mortgage states it provided. 

My home was place on site incorrectly, not connected to utilities properly, and unsafe. 

Country Place Mortgage did not ensure that a licensed installer warrants the proper installation of the home, site preparations, and utility installations. 

Country Place Mortgage increased the price of the home being sold based on our decision to make the purchase. 

Country Place Mortgage Requested and accepted documents that were executed in blank and allowed alterations to be completed to documents without our consent or knowledge of the alterations. 

Country Place Mortgage charged me for the surveys conducted by XXXX XXXX XXXX that was never provided to me or the XXXX XXXX. 

Country Place Mortgage charged me for the XXXX XXXX XXXX XXXX XXXX. 

Country Place Mortgage failed to meet the requirements of the Title XXXX Loan and HUDs Handbook XXXX Property Acceptability Criteria. 

XXXX XXXX Mortgages on-site representative that conducted the XXXX did not verify correctly that the property meets the XXXX XXXX XXXX. My home is not safe, sound, or secure. The property conditions pose a threat to the health and safety of the occupants and/or jeopardizes the soundness and structural integrity of the property. 

The property encroaches onto neighboring properties that affects the marketability of the subject property. 

Country Place Mortgage did not obtain a certification from the appropriate utility company or local regulatory agency stating that the relationship between the improvements and local distribution lines conform to local standards and is safe. 

Country Place Mortgage apparently knew about the XXXX XXXX and authorized the property site to be treated for Termites, even though that is hazardous to human health. 

Country Place Mortgage allowed my family to be subjected to harmful consumption and health affects by allowing this to happen. 

Country Place Mortgage did not confirm that the dwelling unit contained a continuing and sufficient supply of safe and potable water under adequate pressure and of appropriate quality for all household uses ; and that the sanitary facilities were in place and that there was a safe method of sewage disposal. 

Again, the above is only a partial accounting of some of the problems and issues relating to the Property. 

You should not be enforcing a second foreclosure against me in retaliation for my complaints to the Department of Saving and Mortgage Lending or any other agency for doing their duties. I should not have to be harassed by more people coming to my house knocking on my door trying to buy my house again. I should not have to face retaliation because I want to give my child a safe bath and protect my child from suffering a bleach chlorine allergic reaction from the water. I especially should not have had to endure this anymore for we have already done so for 11 months.

Company response to consumer: Closed with explanation