Consumer complaint received 2022-06-27
Company: AmeriHome Mortgage Company, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
On XX/XX/XXXX I was contacted by XXXX XXXX, a representative of Amerihome, XXXX informed me that to keep my account current I had to pay Amerihome {$130.00} before the end of the month. I informed XXXX XXXX of my medical situation which would cause me to be late on several future payments and that I knew I would be able to catch up on any other mortgage payments by XXXX. On XX/XX/XXXX I sent that payment, see your XXXX Statement. Thank you for making that accommodation and accepting the payment. It should be noted that at the time of XXXX XXXX request, my payments were not late, my account was current. This payment of {$130.00}, was then unapplied. It has never been disclosed to me what it was used for. Amerihomes statements never show it being applied to late fees, escrow or my mortgage balance. It just disappeared. 
Please find attached your statement on this account dated XX/XX/XXXX. Please note your further accommodations for XXXX, XXXX, XXXX which I also accepted. Correctly These months payments show on my credit report as paid timely. Though your records show them as being late. In XXXX without any prior notice your company began reporting my status as delinquent or late. 
I believe this is violation of the CARES act which states the following : An accommodation includes any payment assistance or relief granted to a consumer who is affected by the COVID-19 pandemic during the period from XX/XX/XXXX, until 120 days after the termination of the COVID-19 national emergency declared by the President on XX/XX/XXXX under the National Emergencies Act. 
1 Such an accommodation includes, for example, agreements to defer one or more payments, make a partial payment, forbear any delinquent amounts, or modify a loan or contract.

2 An accommodation includes assistance or relief that is granted voluntarily or pursuant to a statutory or regulatory requirement. 


On XX/XX/XXXX, I contacted Amerihome. XXXX XXXX, a representative of Amerihome, informed me to make my account current I had to pay Amerihome {$5600.00} by end of day, XX/XX/XXXX. That payment was credited, however not applied to my account, though the funds as directed were received before the end of day, XX/XX/XXXX. Late fees had not been included in the payment. My credit bureau files ( XXXX, XXXX and XXXX ) were then informed my XX/XX/XXXX payment was 60 days late. This is in violation of Florida State law which requires a creditor wait at least 15 days before reporting a payment late. Florida State Law : 494.00791Prohibited acts. ( 13 ) LATE PAYMENT FEES.
A lender may not charge a late payment fee for a high-cost home loan except as provided in this subsection : ( a ) A late payment fee may not be in excess of 5 percent of the amount of the payment past due.

( b ) A late payment fee may only be assessed for a payment past due for 15 days or more.

Additionally it violates the Code of Federal Regulations which states : 12 CFR 1026.36 ( c ) Servicing practices. For purposes of this paragraph ( c ), the terms servicer and servicing have the same meanings as provided in 12 CFR 1024.2 ( b ).

( 1 ) Payment processing. In connection with a closed-end consumer credit transaction secured by a consumer 's principal dwelling : ( i ) Periodic payments. No servicer shall fail to credit a periodic payment to the consumer 's loan account as of the date of receipt, except when a delay in crediting does not result in any charge to the consumer or in the reporting of negative information to a consumer reporting agency, or except as provided in paragraph ( c ) ( 1 ) ( iii ) of this section. A periodic payment, as used in this paragraph ( c ), is an amount sufficient to cover principal, interest, and escrow ( if applicable ) for a given billing cycle. A payment qualifies as a periodic payment even if it does not include amounts required to cover late fees, other fees, or non-escrow payments a servicer has advanced on a consumer 's behalf.

All telephone contacts by me to AmeriHome were from my cellphone XXXX to their recorded Customer Service number XXXX. 
I have attempted to resolve this matter twice with AmeriHome through attached written communication. Each time I have been told they did a thorough investigation, their facts and reporting is accurate, so no change in their reporting will occur.

AmeriHome has taken the position that I did not ask for a forbearance, so I am not entitled to help. I did inform AmeriHome of my medical condition, which started during the COVID19 epidemic and asked for help, someone from AmeriHome gave it to me with late payments at first not being reported as late. This clearly was an accommodation, which does not require that I seek forbearance.

AmeriHome has further violated the above referenced Florida State and Federal Law. 
These violations caused me harm by inaccurately reporting to the credit bureaus, causing drops in my credit rating and me to pay more for credit as well as be denied credit.

Company response to consumer: Closed with explanation