Consumer complaint received 2022-03-10
Company: HABITAT FOR HUMANITY INTERNATIONAL, INC.
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Please review the remedies sought from the XXXX XXXX XXXX and the lawsuit filed against me XX/XX/XXXX. 

Please review the lien that has been recorded XX/XX/XXXX. 

I dispute these frivolous and retaliated claims. 

To date Habitat for XXXX XXXX XXXX XXXX has failed to o provide detailed payment history. Failed to credit and post all payments sent. On XX/XX/XXXX I received a postmarked XX/XX/XXXX for a letter dated XX/XX/XXXX from Habitat for XXXX XXXX XXXX XXXX regarding a 60 % unnoticed HOA assessment increase has been imposed for the community. The letter stated that I was to pay XXXX. I did. XX/XX/XXXX I made this payment separate from my mortgage payment and listed that in memo of check. Habitat for XXXX has solely given the audit for XX/XX/XXXX. I did not and have not received the audit from XX/XX/XXXX and request confirmation of mailing from the office. as I can provide every mailing through priority mail tracking. 

Closed CFPB complaint XX/XX/XXXX Called XXXX XXXX XXXX who is the Attorney for XXXX XXXX XXXX XXXX and the debt collection issues filed against me XX/XX/XXXX to inquire of the balance due. This attorney states he is a debt collector attempting to collect a debt. I simply ask for the balance. He refuses to give me the balance due to representation. I state that Im not receiving the documents and past due balances as he states or has sent to representation asked to contact. I dont see any official balance due on the legal lawsuit or lien XXXX 

So that I have this totally accurate, Im being sued for CCR violation that is misleading and vague and contradicts it legality. Not to mention, I now have a lien affixed to my real property record from a debt collector/attorney who refuses to explain or list what I exactly owe.? Not to mention the games my mortgage lender is playing with my RESPA account analysis and lack of explanation of missing funds already paid. Last payment to Mortgage was XX/XX/XXXX with overpayment. 

My notice of XXXX sent today XX/XX/XXXX is attached for review as well. 

To : Habitat for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Tx XXXX From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Tx XXXX Re : Error Resolution Notice under 12 C.F.R. 1024.35 Mortgage Loan Number : XXXX I am writing to request correction of the error ( s ) described below in regard to the mortgage on my property at XXXX XXXX XXXX XXXX XXXX Tx XXXX I am requesting full homeowner mortgage payment history from XX/XX/XXXX through XX/XX/XXXX. Please include disbursement amounts into principal and escrow. 
Please provide all disbursements and their paid history in itemized format from XX/XX/XXXX through XX/XX/XXXX. 


Payment Errors : Your company rejected the full payment Of XXXX made on XX/XX/XXXX. This payment was a refund issued by a cancelled insurance payment. Your company endorsed this check XX/XX/XXXX. Your company did not confirm payment until XX/XX/XXXX after XX/XX/XXXX Audit sent out. 

Your company has failed to provide a written receipt of Insurance payment from XXXX XXXX XXXX XXXX from a cancelled policy payment the year prior. XXXX You failed to respond to my written request for payment confirmation XX/XX/XXXX. 

Your company failed to appropriately credit the payment ( s ) made for the following date ( s ) XX/XX/XXXX through XX/XX/XXXX to both escrow and principal account as directed. 

Your company failed to provide ALL payment history and disbursements made from XX/XX/XXXX to XX/XX/XXXX from escrow account during audit review requested prior. 

Payments sent via priority mail : XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX, XXXX check # XXXX XX/XX/XXXX check # XXXX XX/XX/XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX XX/XX/XXXX XXXX check # XXXX Cashiers check paid in person to XXXX XX/XX/XXXX XXXX # XXXX replaced check # XXXX sent priority mail. 


Payments sent via bank draft XX/XX/XXXX check # XXXX for HOA community increase 60 % fee. 

Escrow Errors : On XX/XX/XXXX I received the annual escrow audit two months past due and filled with errors. The monthly payment column was off with the payment {$390.00} and not the accurate payment of {$410.00} resulting in a negative deficiency of my paid escrow funds. 

The previous years audit XXXX will also shout this same pattern. 

Your company did not properly credit the payment that I made on XX/XX/XXXX in the amount of XXXX This payment should have been credited to : XXXX XXXX escrow account. 

I requested in person meeting. During that ZOOM meeting with XXXX XXXX and XXXX XXXX XX/XX/XXXX you gave no documents. Your company assured that the matter would be corrected and sent timely for XX/XX/XXXX payment due. 

On XX/XX/XXXX I contacted this office to inform them that I had not received my audit as originally told. I was told by XXXX XXXX the completed audit was sent XX/XX/XXXX via mail. 

I have not received such document. Please provide mailing details of your action. 

On XX/XX/XXXX I sent another email to follow up and request the audit to be sent via email with attachments. 

On XX/XX/XXXX I received a response from this XXXX XXXX for an audit completed XX/XX/XXXX. Again this audit is filled with errors. It does not credit my payments appropriately. This company is extending dates for audits and not appropriately crediting the audit years paid. This is causing inaccurate payment dates and amounts paid. This is causing a deficit and miscalculation of ACTUAL PAID AMOUNTS. 


I believe that I am entitled to a return of paid and misallocated funds in my escrow account and principal account.My escrow account is deficit over {$2000.00}. You have not been able to provide any written explanation of these missing funds. Per my records. My principal account payoff date is incorrect. Per my records. 

Previous Annual review actions not corrected : On XX/XX/XXXX this company conducted a second review as I disagreed with my XXXX audit. The column again does not reflect actual payments to escrow account resulting in deficit. 

If you need to contact me, I can be reached in WRITING only at : Please provide your acknowledgment and any corresponding documents with CMRR to ensure I have received. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Tx XXXX Mortgage Holder to XXXX XXXX XXXX XXXX XXXX Sincerely, XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation