Consumer complaint received 2015-08-31
Company: AMERICAN PORTIFOLIO MORTGAGE
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
In XXXX 2014, I purchased my XXXX home using XXXX ( XXXX ). In XXXX 2015, American Portfolio Mortgage ( APM ) became the servicer. I paid my mortgage on time but APM is threatening foreclosure and late fees. Here is what happened:XX/XX/XXXX : I mailed my XX/XX/XXXX mortgage payment to XXXX. It cleared XX/XX/XXXX. ( Attachment # 1 ) XX/XX/XXXX : XXXX sent Notice of Servicing Transfer to send my XX/XX/XXXX payment to APM, stating, " Under Federal law, during the 60-day period following the effective date of the transfer of the loan servicing, a loan payment received by your old servicer on or before its due date may not be treated by the new servicer as late, and a late fee XXXX not be imposed on you. '' ( Attachment # 2 ) XX/XX/XXXX : XXXX sent letter saying it would stop accepting payments XX/XX/XXXX, and APM would start accepting payments XX/XX/XXXX. ( Attachment # 3 ). 
XX/XX/XXXX : I mailed XX/XX/XXXX payment to APM. It was Received XX/XX/XXXX and cleared XX/XX/XXXX. ( Attachment # 4 ) XX/XX/XXXX : APM sent notice to send payments due after XX/XX/XXXX to APM and advising " in order to receive the rights and protections afforded to you by RESPA for Notices of Error and Requests for Information, as outlined in this letter, you must send your written correspondence only to the following address ''. ( Attachments # 5 & # 6 ) My name was misspelled. 
XX/XX/XXXX : APM sent statement warning, " You are late on your mortgage payments. Failure to bring your loan current may result in fees and foreclosure - the loss of your home. As of XX/XX/XXXX, you are 57 days delinquent on your mortgage loan. '' It showed an amount due of {$2900.00} [ 3 payments ] and stated, " If payment is received after XX/XX/XXXX, a {$29.00} late fee will be charged. '' ( Attachment # 7 ) XX/XX/XXXX : I wrote APM that my name was misspelled and my account was NOT delinquent, enclosing copies of my XX/XX/XXXX and XX/XX/XXXX checks and my XX/XX/XXXX payment. ( Attachments # 8 & # 9 ) I sent letter return receipt requested with copy to XXXX. 
XX/XX/XXXX : APM sent notice my " inquiry '' had been sent for review. ( Attachment # 10 ) XX/XX/XXXX : APM sent statement correcting my name but claiming I owed {$1900.00} [ 2 months ] for XX/XX/XXXX, and showing XXXX items for " Reversal for Returned Check '' - {$990.00} and {$1100.00}. ( Attachment # 11 ) I do n't know what these are. {$990.00} is my regular payment. {$1100.00} is shown on XX/XX/XXXX statement as " escrow payment ''. The statement warned, " If payment is received after XXXX/XXXX/15, a {$29.00} late fee will be charged. " XX/XX/XXXX : APM sent a letter stating my XX/XX/XXXX payment was not applied until XX/XX/XXXX, my XX/XX/XXXX payment was not applied until XX/XX/XXXX, and my XX/XX/XXXX payment was applied on XX/XX/XXXX. It said, " your XXXX 2015 payment was reversed from your account on XXXX XXXX, 2015 due to a stop payment placed on this check .... funds in the amount of {$990.00}, were reapplied as your XXXX 2015 payment. Thus, as of the date of this letter your account is due for your XX/XX/XXXX payment '' ( Attachment # 12 ) I could n't have stopped payment on XX/XX/XXXX, because the check cleared my bank XX/XX/XXXX. I made my XX/XX/XXXX and XX/XX/XXXX payments to APM on time and have the cancelled checks to prove it. 
I have been harassed by phone calls from APM. On XX/XX/XXXX I got a call but was advised on XX/XX/XXXX it was in error. On XX/XX/XXXX I got a call about a late payment. I stated I did not owe any payments and had already notified them in writing. I was told my account was still in research. On XX/XX/XXXX APM called my work, even though I had requested all communications be in writing. When I returned the call on XX/XX/XXXX, Collections told me there was a stop payment on a check. I told her I had been with APM only 2 months, had cancelled checks for both months, and the check was not mine. 
I do not understand what is happening. I have always paid my mortgage on time but am worried about late fees, foreclosure, and a bad credit rating, all through no fault of my own. I hope the CFPB can help me resolve this problem

Company public response: Company believes complaint is the result of an isolated error
Company response to consumer: Closed with explanation