Consumer complaint received 2022-12-12
Company: Data Mortgage Inc.
State: AR
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
XXXXXXXX XXXX  An official website of the United States Government Logged in as XXXX XXXX Consumer Financial Protection BureauStaXXXX a new complaint All complaints XXXX complaint CLOSED Submitted STATUS Submitted to the CFPB on XX/XX/2022 PRODUCT Mortgage ISSUE Closing on a mortgage We received your complaint. Thank you. 
We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. 
YOUR COMPLAINT We closed on the sale of XXXX XXXX XXXX, XXXX, AR XXXX for XXXX XXXX XXXX on XX/XX/2022. I obtained a payoff for his current mortgage from Essex Mortgage  ( Loan number XXXX ). This payoff was good through XX/XX/2022, I added 4 days ( good thru XX/XX/2022 ) {$12.00} the daily per diem per the payoff statement received. I sent the payoff in the amount of {$120000.00} to Essex Mortgage overnight XXXX XXXX on XX/XX/2022. Per XXXX XXXX it was delivered to Essex Mortgage on XX/XX/2022 @ XXXX DELIVERED Monday XX/XX/2022 at XXXX am Signed for by : XXXX Essex Mortgage called my office on XX/XX/2022 and stated that the payoff amount was short. When I tried to find out why they said it was short, it was an evil rollercoaster of back and forth for a week. I spoke to over XXXX people and yesterday ( XX/XX/2022 ) finally I find out after a phone call that lasted over 2 hours and 45 minutes going through 3 people that day, that they claim they didn't get the payoff check until XX/XX/2022 and on XX/XX/2022 they paid the Mortgage Insurance premium and now the payoff is short by XXXX ( that amount was only good through XX/XX/2022 ) My question that I keep asking is I have proof that it was delivered and signed for on XX/XX/2022 so why would you first pay an insurance premium on XX/XX/2022 and why would you think it is ok to charge the borrower for your mistake. This is a case on inner office misplacement and my seller should not have to pay for their oversight. I have tried to reason and talk to them and most of them have been very nice and appeared to want to help me but couldn't. The one person XXXX in the XXXX Department was very unprofessional and refused to speak to me about it at all, he would only communicate through the nice lady in loss and mitigation on emails. When she asked him if he would speak to me he flat out said no I have already spoke to them and will not again. If the payoff had not actually gotten to Essex until XX/XX/2022, then I would not be disputing the shortage. My company would have no choice in paying it, but that is not the case here. Please help me get this resolved so I can close out this file for my office and my seller. I need them to accept the payoff check that was sent to them on XX/XX/2022 in the amount of {$120000.00} as payment in full. They can not expect us to pay for them making a mistake. Thanks so much for your time. XXXX Realty Title XXXX XXXX ATTACHMENTS Paid Payoff sent.pdf ( XXXX XXXX XXXX Fed XXXX proof of XXXXXXXX ( XXXX XXXX XXXX XXXX  XXXX XXXX ( XXXX KB ) View full complaint Sent to company STATUS Sent to company on XX/XX/2022 We've sent your complaint to the company, and we will let you know when they respond. 

Their response should include the steps they took, or will take, to address your complaint. 

Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days. 

Company responded STATUS Company responded on XX/XX/2022 The company sent its response directly to you and provided a copy to the CFPB. It may take a few days for you to receive the companys response. To protect consumer privacy, the CFPB has not included the companys response in this consumer portal. You can contact the company at ( XXXX ) XXXX about its response to this complaint. 

Feedback provided STATUS Feedback provided on XX/XX/2022 Your feedback THE COMPANYS RESPONSE ADDRESSED ALL OF MY ISSUES No ADDITIONAL COMMENTS I have not received the company 's response still and on top of that my new buyer showed up this morning with Foreclosure letters that they are going to sell her home. I need something done today to resolve this. Essex is not taking care of this and the point of all of this is they added XXXX of attorney fees for forclosure to the payoff after they received my payoff check in their office. At that time foreclosure docs had NOT BEEN FILED. that has been the whole issue from the beginning and now they have been filed and my buyer is very worried and I need to get this resolved ASAP. Please help me. XXXX I UNDERSTAND THE COMPANYS RESPONSE TO MY COMPLAINT No ADDITIONAL COMMENTS NEVER GOT IT AND THEY WILL NOT ANSWER PHONE OR RETURN MY CALLS! 
THE COMPANY DID WHAT THEY SAID THEY WOULD DO WITH MY COMPLAINT No ADDITIONAL COMMENTS HAVE DONE NOTHING

Company response to consumer: Closed with explanation