Consumer complaint received 2021-05-14
Company: Village Capital & Investment LLC
State: AL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
We filed chapter XXXX bankruptcy in XXXX when yet again we were having issues with what our mortgage company said we owed. We were not perfect and did not always pay on time. 
After filing our chapter XXXX we were told we were being sued for an escrow shortage and were forced to pay {$860.00} instead of {$580.00} for 6 months not great when in a chapter XXXX. We contacted our lawyer who told us to hold off on paying because they can not modify our payments while in an active chapter XXXX case so we took their advice which we still have and text messages on the phone I am waiting by month to we received court paperwork showing that not only were they just fired in charging us that but now we owed a huge attorney fee for the opposing side. So lack of judgment with who would pick as a lawyer as well as presume. As soon as we knew that we owed and why we owed even though we didnt really understand that and why we would be short on the escrow we pay per the courts directions. 
We were paying every month through our bank account on time and yet we started to receive modification notices for our loan. We sent in our monthly payment through our bank account and coronavirus hit and Apparently no one was in their office and they waited a month to deposit the check and decided to put it as a late payment in XXXX. Obviously we have proof we sent it via our banks auto pay option. 
We then received another court document where they were suing to get the house foreclosed on via my wifes name because she is not a mortgage holder but a title holder and they lost but yet again we received absorbent attorney fees all of which were added to the chapter XXXX payment plan under their company name. After feeling like we were getting railroaded because they thought we didnt know any better we went through every bit of literature we had in the past five years and what we noticed was absorbent amounts of escrow being taken out and they are keeping up to {$2000.00} in escrow and claiming that we are late on our payments. The paperwork does not match up to amounts owed and when we sent a certified letter through our lawyer to get an escrow history we were never given one. Not only can they not back up their claims but they are stealing our escrow that is an excess of XXXX a year we are paying out XXXX in escrow in one year and our escrow account comes to XXXX a year. Many of our statements show that we owe XXXX more than what we did on the home and then in a three month span it can go back down {$10000.00} it is ridiculous and someone is definitely reaping the benefits and its not us. We recently paid out of our chapter XXXX after three years and now Ive been here with a post petition fee Ive over {$1300.00} That they claim we owe and if we think that we dont we have to show proof that we paid it I dont think thats how it works all I know is ultimately we payed them over {$5000.00} in overages and we were at most 1/2 months behind when we started on our chapter XXXX that is it. The face if they were wanting to collect her from the year XXXX and XXXX anything that we have gotten added onto the chapter XXXX has gone well into over XXXX extra dollars this is ridiculous we are not idiots and we feel like they are trying to steal from us. Their staff seem to not know what were talking about each and every time we call them they act like the rules dont apply and they are definitely breaking RESPA rules. 
Thank you

Company response to consumer: Closed with explanation