Consumer complaint received 2017-02-10
Company: Rocket Mortgage, LLC
State: OH
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Application, originator, mortgage broker

Complaint:
To whom it may concern, I 'm writing in regards to our recent experience with Quicken Mortgage Loans and the ongoing issues regarding the errors within the mortgage 's closing documents. 

In XXXX my wife and I refinanced our home, which was previously purchased under her name only, in XXXX before we were married. Recently we learned that the deed is still in her maiden name, only. Upon learning this, we contacted the loan servicer Quicken Loans and I was told that I was only a non-occupant co-signer and any error is left up to me to correct. I disagree. 

Its indisputable that Quicken knew I was an occupying, co-borrower before the time of settlement as I was residing at the home in which we were refinancing. I was required to provide all personal income statements, including jointly filed federal tax return ( s ), my SS #, DOB, address, employer, and financial records all of which verified my address. This information was required before the lender would attempt XXXX verification. Further I fail to understand how the mortgage note and settlement paperwork was completed with my spouse 's last name being wrong, reflecting her maiden name. Lastly, if I were merely a un-occupying cosigner, why was the cash out check written to myself and my wife and mailed to the the house 's address? 

My complaint includes 4 key points : 1. The Uniform Residential Loan Application, note and security instrument, ( which I signed ) and settlement paperwork all have identified me as an occupying coborrower, but my name was not added to the property 's title/Deed. ( I have proven that this was my principle at this address for? number of years and have been the main obligor responsible for repayment of the mortgage. ) a. This is a direct contradiction to HUD 4155.1 4.A.1.d, " Both occupying and non-occupying borrowers and coborrowers : take title to the property at settlement, are obligated on the mortgage note, and must sign all security instruments. '' b. This is a direct contradiction to HUD 4155.1 4.A1.e " Cosigners do not hold ownership interest in a property are obligated on the mortgage note and have no liability for repaying the obligation, and must complete and sign all loan documents except the security instruments. '' XXXX This is a direct contradiction to HUD 4155.1 4.C.3.c which reads : " To enhance the sustainability of homeownership for borrowers with insufficient credit histories, the qualifying ratios are computed only on those borrowers occupying the property and obligated on the loan. Non-occupant coborrowers may not be included. '' 2. the title was never updated even though we both signed the security instrument. To this day the Title/Deed does not reflect my wife 's correct, legal, married name, or my name. HUD 4155.1 2.B 3. When contacting Quicken, they informed me I was not a coborrower, but a non-occupying cosigner with no interest in the property, yet they used my financial history and credit to qualify our refinance loan. This is a direct contradiction to HUD 4155.1 4.A 4. If only a non-occupying cosigner, why was the refi cash out check written to myself and my wife and addressed to us both at the house address? This is a direct contradiction to HUD 4155.1 3.B If nothing else, we would like to have the title corrected to reflect both of our correctly spelled names as appearing on the loan application and documents and back dated to the date of refinance. 

Thank you, XXXX XXXX

Company response to consumer: Closed with explanation