Consumer complaint received 2018-06-01
Company: Dovenmuehle Mortgage, Inc.
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I have submitted a number of complaints against my mortgage servicer. From XXXX discrimination to mismanagement of my mortgage, yet nothing has been done to hold them accountable for their actions and wrongdoing. Recently, I was notified that HUD found cause to approve my complaint for an official investigation ( inquiry # XXXX / HUD File # XXXX ). Since filing the CFPB, FHEA and HUD complaints, I have been subjected to increasing discriminatory, targeted and retaliatory actions. 

I was approved for a three-month trial payment plan. Forced into this being the only option allowed ( I was repeatedly refused the opportunity to pay my past due amount, fees, etc. under the threat of not qualifying for any modification options should I satisfy everything past due ) I accepted to avoid foreclosure. Though I do not bank locally, I was required to send in certified funds for the payments. I had my bank, XXXX XXXX XXXX XXXX, send the cashiers check via XXXX XXXX. This took place on or about XX/XX/XXXX. On XX/XX/XXXX, I confirmed with XXXX that the check was delivered and signed for by a representative of the servicer, Dovenmuehle Mortgage. I called to confirm with Dovenmuehle, and was told it had not been received. I was told not to be concerned as its likely just being processed ; but to get the tracking details and call back. On XX/XX/XXXX, I contacted XXXX requesting tracking information. I called Dovenmuehle shortly after to provide the information. The Dovenmuehle rep. tracked it, noted the information in my file and assured me that this information would assist them in locating the item and verifying my identification to ensure my account was properly credited. 

On Friday, XX/XX/XXXX, I received a call from XXXX ( I believe her to be my assigned POC ). She was calling to inform me that my check was allegedly returned to my bank, on Friday, XX/XX/XXXX, due to Dovenmuehle not being able to identify who my check belonged to, so that it could be processed and credited to my account. She stated, on a recorded call, that she reviewed my account on Thursday, tracked the item, and subsequently learned of the return, the reason and the date. She further informed me that I still had to make my payment by XX/XX/XXXX to avoid default and the commencement of foreclosure proceedings. I was extended the one-time courtesy of paying over the phone for an {$11.00} fee ( this fee was later waved by another representative. ) I immediately contact XXXX to explore options for immediate resolution. Could we confirm it was never cashed? Can we stop payment? Can I get a copy of the item? XXXX explained to me, per federal regulations a certified check cant be stopped or cancelled for 90 days. I would not only have to wait the estimated 7-10 business days for the check to reach XXXX, but then they would have to send it to me to be countersigned and deposited back into my account. With no other options available to avoid defaulting, I had no choice but to use my XX/XX/XXXX trial payment funds to cover the XX/XX/XXXX payment. I called Dovenmuehle back and paid on XX/XX/XXXX. 

I later began to process this situation, realizing I was being subjected to targeted tactics to force me into default. 

If my check was returned due to Dovenmuehle not being able to identify it was from me, how did XXXX know to contact me? If my check was tracked and the details noted as I was told on XX/XX/XXXX, how did it suddenly change to being unknown/unidentifiable? 

Why did it take an entire week to notify me of the check being allegedly returned? Leaving me with eight business days to cover the payment or default for missing the payment. 

As of today, XX/XX/XXXX, XXXX has yet been to receive my check back, that Dovenmuehle allegedly returned. So this leaves me without the funds to cover the XX/XX/XXXX trial payment as the funds for XX/XX/XXXX were used to cover the XX/XX/XXXX payment Dovenmuehle alleges they returned. When I reach out to Dovenmuehle to speak with my POC, XXXX, shes never available to speak with me. Reps must use their internal messaging system to correspond or shes in a meeting. 

I believe Ive not only been discriminated against and targeted, but now defrauded. I do not believe Dovenmuehle returned my check. I believe it to have been destroyed. I believe their actions to be deliberate and with malice intent to fraudulently force me into default. As a financial institution, Dovenmuehle is/was aware of the 90 day federal regulation on stopping certified funds items. As my loss mitigation process was recently approved and documented, they were fully aware that I am on a fixed XXXX/SSDI Income from social security administration and XXXX ; and that the {$1100.00} payment is roughly one-third of my entire monthly check. So the likelihood of my being able to replace the payment they had no given cause to return, was slim if possible at all. I believe their actions to be retaliatory in direct response to my complaints and recently approved HUD investigation. 

Their fraudulent actions have not only caused extreme emotional, mental and physical pain, its also financial loss. Its attempted theft of property and abuse of their power through mismanagement of a federal loan product. I am aware I can report this matter to my state senator, which is happening shortly, but I was told to at least have the complaint documented with CFPB even if, like my other complaints, no action is taken against them. Regardless of how illegal.

Company response to consumer: Closed with explanation