Consumer complaint received 2022-04-12
Company: Aspen Yo LLC
State: WI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
To whom it may concern : I am sending my complaint in regard to a long-lasting struggle to pay my mortgage that I had fallen behind on years ago, finally having to enter into a XXXX  XXXX to prevent foreclosure but and be " allowed '' to finally pay my mortgage despite me completing hardship and mediation paperwork numerous times, literally begging to start making monthly mortgage payments. 

In XXXX I retained an Attorney to help with XXXX. XXXX process. After going round months and months it was apparent this attorney did nothing, literally nothing, not even respond to motions, however, I had no clue at the time, just how much " nothing '' he did or did not do I should say. But he did take my money, nearly XXXX and I still nearly lost my house. I retained another Attorney, and within an hour, was able to establish a plan with the courts, trustee and mortgage carrier that worked for all, having me make $ XXXX  monthly payments towards my arrears, to the trustee and make my monthly mortgage payments to whatever mortgage ( debt ) servicer ( there were XXXX ) for the duration of my XXXX XXXX, which was 5 years. I will mention, I did originally contest the amount of arrears the mortgage carrier was claiming, as it appeared they were claiming they paid taxes and homeowners insurance which were things I had paid. My original Attorney stated he was not going to challenge a professional accountant with my claims... .ok then! I had enough on my plate at that time, so figured I'd set that aside and focus on saving my house first. Side note, I have spent nearly XXXX on attorneys to save my house from foreclosure From the beginning of the XXXX. XXXX, it was a nightmare, from not receiving mortgage statements and when I did, the monthly amount I owed was always different, from the total amount due, to my monthly amount due. There was also never a mention of a suspense fund, no breakdown of where my payments were going and tons and tons of excessive charges, late fees, appraisals, inspections etc., however I was never notified of said inspections, nor did I see anyone inspecting my property! Just added fees and charges. Some charges were XXXX and up and have no clue what for and never received a response when I asked ... when you're behind on your mortgage, you are trash and treated as so, despite making {$4200.00} or more worth of payments each month between arrears and current. There were also instances of " reversals '' or " adjustments '' that accrued late fee 's despite my payments being made on time, but late due to their reversals or adjustments. As I mentioned above, I was continued to be charged for taxes during years I paid them as well as being charged for Home owners after I had already paid. I had sent proof of payments for XXXX. numerous times and numerous ways, email, mail and fax, my insurance agent did the same, yet they continued to take this money from my escrow. They finally did catch on, sending a notice they were canceling the XXXX. they provided, yet no reimbursement to me! 

In XX/XX/XXXX, I received a notice stating I hadn't paid my mortgage since XXXX of XXXX and my house was set for sheriffs auction XX/XX/XXXX unless they received a payment of {$75000.00} before then. Considering I had been making monthly mortgage payments, often for more than actual as I never knew what the payment was, trying to pay above and beyond what the last statement I received reflected, also making $ XXXX payments to my trustee for arrears, I was more than confused! I contacted my attorney, also emailing, faxing and overnight the servicer copies of every check, sent and cashed/deposited by the servicer, proving payments were made. Their response was, due to my original attorneys lack of giving a care, he did not respond to whatever motion back in XXXX, which stated if he didn't, I owe such and such amount or they could take my house at that time. For whatever reason, that fell through the cracks, despite my case being in and out of court, having a Judge, both sets of attorneys and a trustee all reviewing and signing off on for over 3 years, now it's XXXX, we missed this so the plan you've been following and agreed upon, IN A COURT OF LAW, is MOOT and we could have taken your house back in XXXX, and decided to do so now, despite you following every step and payment, doing so on time. How is this legal? How can they accept all my payments and take my house? If I were never in this plan, as they now state, do I get my attorney fee 's reimbursed, the very least the fee 's I had to pay for their attorneys? Also, their notice states the total I should have paid from XXXX is {$75000.00} where my payments show I paid {$80000.00}, which does not include what I paid to trustee for arrears. So I make payments for above and beyond what they expected for current mortgage and paid nearly XXXX into my arrears, they can take all that and still take my house? Threatening to take my house unless I make an additional {$75000.00} payment? Great system we have. Despite me calling and sending proof of my payments, requesting a review of my mortgage history, a qualified written request, including a breakdown of my payments, but specifically, where my {$80000.00} worth of payments made since XXXX have gone and the only response I receive speaks on my original attorney 's error in XXXX, that they could have/should have foreclosed then and that they are doing do now. I'm well aware of the error, this does not negate the fact that I have been making {$80000.00} worth of payments error or not and want to know where this money is??? 

To add, before I could send my complaint off this afternoon, after checking my mail, I received a notice of intent to foreclose! Stating they have not received any mortgage payments from me since the beginning of the year. As I've already mentioned, I have not received a monthly mortgage statement since before XXXX of XXXX. Despite this fact, I have continued to make monthly mortgage payments in the amount I have been for {$1700.00} as I have no clue what or if my payment has changed, yet it seem 's, once again, that they have no documentation of this, despite them cashing/depositing my payments sent. So I am adding this to my complaint as well. 

I would like a qualified review of my mortgage/loan from it's beginning, including breakdowns as to where all my payments have gone, but specifically, the {$80000.00} from XXXX, the additional {$75000.00} XXXX paid on XX/XX/XXXX, the amount of arrears paid in from XXXX, which is over XXXX and the recent {$7100.00} I have paid since XX/XX/XXXX. I would like all money I have overpaid to be reimbursed to me immediately, including late fee 's, attorney fee 's and every fee accrued due to inadequate accounting on the servicer 's end. I would like money that the servicer took for taxes the years I paid them as well as the month 's they took for home owners when I had in fact paid to be reimbursed immediately. I would like accurate, monthly statements that arrive in a timely manner that also reflect a breakdown of where my payments are going towards. 

Thank you XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXGregory Funding XXXX-current Loan # XXXXXXXX XXXX

Company response to consumer: Closed with explanation