Consumer complaint received 2018-03-21
Company: BROKER SOLUTIONS, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This is the third complaint against the Respondents due to the Respondents acts of negligence and tortfeasance. 

The latest incident involve details as follow ; On XX/XX/XXXX, the Complainants, XXXX XXXX and XXXX XXXX rendered the monthly mortgage payment for in the amount of {$3000.00}. However, in XX/XX/XXXX, New American Funding made numerous attempts to over charge my account for payments that were made prior to the due date/s of each month. In fact, the incident began after the XXXX had formally complained against New American Funding and on a date the XXXX   had resquested a response from New American Funding, New American Funding initiated over charges that appear to be retaliation for my complaint that was filed. 

( NOTE : the monthly mortgage payment is {$3000.00} and due on the XX/XX/XXXX of each calendar month. However, due to increase in home insurance policy, the monthly loan increased to {$3200.00}. Therefore, XXXX and XXXX XXXX have set-up automated deduction to authorize New American Funding to deduct a ONE-TIME payment, in the amount of {$3200.00}, on the XX/XX/XXXX of each month, XXXX XXXX XXXX XXXX XXXX checking account. ) The XXXX were NEVER LATE and in EXCELLENT STANDING as a Borrower to the Respondents, New American Funding, et al.. Therefore, on XX/XX/XXXX, the Complainants paid New American Funding {$3200.00} for the month of XX/XX/XXXX. 

However, on XX/XX/XXXX, New American Funding made an attempt to erroneously deduct a SECOND mortgage payment for XX/XX/XXXX for in the amount of {$3000.00}. 

( NOTE : XXXX and XXXX XXXX DID NOT AUTHORIZE New American Funding to deduct more than one payment at a time, each month. ) As a result, New American Fundings negligence and unethical actions caused XXXX and XXXX XXXX checking account to negative status. Furthermore, XXXX XXXX XXXX XXXX XXXX had charged XXXX and XXXX XXXX {$29.00} in insufficient funds. Again, on XX/XX/XXXX, New American Funding made another attempt to deduct XX/XX/XXXXs payment and again, the XXXX were assessed a penalty of {$29.00} from their bank. On XX/XX/XXXX, New American Funding made a third attempt to deduct XX/XX/XXXXs payment and again the XXXX were assessed with third penalty from their bank and in the amount of {$29.00} ( Total penalty of {$87.00}, due to New American Fundings negligence and depravity ). 

Therefore, the XXXX contacted their bank, ( XXXX XXXX XXXX XXXX  XXXX ) and requested to place a STOP DEDUCTION from New American Funding. XXXX XXXX explained to his bank that the automated deduction by New American Funding was in complete error however XXXX XXXX XXXX XXXX XXXX stated understood XXXX XXXX as XXXX XXXX XXXX XXXX XXXX would not impose any further penalties from XX/XX/XXXX and onward. However, XXXX XXXX XXXX XXXX XXXX stated that the deduction attempts are still continuing onward and that XXXX XXXX would have to cancel the automated deductions with New American Funding in order to prevent continuing mishaps! 

Therefore, on XX/XX/XXXX, XXXX XXXX phoned New American Funding, Loan Administration, CMB SVP, XXXX XXXX XXXX, at ( XXXX ) XXXX. Because XXXX XXXX did not respond, XXXX XXXX requested XXXX XXXX to call XXXX XXXX back at ( XXXX ) XXXX. Unfortunately, XXXX XXXX did not receive any call-back from XXXX XXXX. Therefore, on XX/XX/XXXX, XXXX XXXX made a second attempt to contact XXXX XXXX by telephone and again leaving a message with XXXX XXXX requesting a courtesy call-back. Again, to give any benefit of doubt, XXXX XXXX allowed XXXX XXXX time to call-back but NEVER received any call-back. 

( NOTE : XXXX and XXXX XXXX paid New American Funding the monthly mortgage balance for the month of XX/XX/XXXX and for in the amount of {$3200.00} and was automatically assessed with a {$25.00} penalty fee for a total payment of {$3200.00}. The penalty fee was COMPLETELY ERRONEOUS as XXXX and XXXX XXXX was assessed for insufficient double payment for the month of XX/XX/XXXX that was in error of New American Funding. ) Therefore, on XX/XX/XXXX, XXXX XXXX paid the erroneous charge along with his monthly mortgage payment so that he would continue to be up-to-date and in excellent standing. Concomitantly, XXXX XXXX made another attempt to bring this matter to the attention of XXXX XXXX as XXXX XXXX phoned XXXX XXXX and left another message only to discover similar results with previous attempts. 

Although there is clearly a pattern of noncompliance with New American Funding, New American Funding is not providing the quality and level of service as XXXX and XXXX XXXX had anticipated and that is described in the servicing agreement. Instead, New American Funding has delayed matters preventing the XXXX from removing PMI. New American Funding has miscommunicated with XXXX and XXXX XXXX on several instances that resulted in misdirection and further delays that ultimately would impact any chances of removing PMI even though the XXXX loan had qualified for removal under those circumstances at the time. New American Funding failed to provide an equitable appraisal by using a New American Funding appraiser of their own choice. In fact, the appraiser failed to add any value to upgrades and properly assess neighboring properties that were similarly situated. As a result, the appraiser did not provide an adequate and reasonable value to the XXXX property. Although XXXX and/or XXXX XXXX had attempted to reach out to New American Funding, New American Funding failed to communicate and acted incompliant with the XXXX. Although such harassment and treatment appear to be perpetual and ongoing, New American Funding has now retaliated and made erroneous double charges to the XXXX loan account that resulted in {$120.00} in penalties that stem from negligence of New American Funding.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation