Consumer complaint received 2017-10-26
Company: TOTAL MORTGAGE SERVICES LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I lost my down payment deposit as a result of Total Mortgage Services, LLC ( TMS ) deceptive and abusive lending practices. TMS Underwriters APPROVED this LOAN BEFORE I SUBMITTED and SIGNED the APPLICATION ( XXXX Underwriting Finding Form Approved  on XXXX/XXXX/XXXX, I signed the Loan Application on XXXX/XXXX/XXXX at XXXX PDT ). On XXXX/XXXX/XXXX, I was referred to Total Mortgage Services, LLC ( TMS ) by my attorney XXXX XXXX of XXXXXXXX XXXX XXXX. When I was applying for this loan TMS employees sent me my loan application and paperwork online though a website that required my electronic signature. On my loan application, I was never given the option to select my Race and Ethnicity. This information was already checked off prior to me receiving the online documents and TMS employees were unwillingly to update/ correct the wrong information on this loan application prior to me electronically signing the documents. I later found out that TMS employees altered some of the information on these documents after I electronically signed them. About 10 TMS employees emailed me regarding this loan.
Second, due to TMS employees reckless behavior I am extremely concerned and worried that my personal financial information may have been compromised and shared with other Borrowers and parties outside TMS. On three occasions I received another Borrowers FHA and loan documentation. TMS Processor emailed this to me several times. TMS employees were unaware of this until it was brought to their attention on XXXX/XXXX/XXXX after calling the Loan Officer. TMS seemed unconcern and uninterested about me having received these emails and information. Other TMS employees were copied on these emails and it would seem at no time did they realize or notice this error until I brought it to their attention. Additionally, on XXXX/XXXX/XXXX the Loan Officer, sent me an email and CC XXXX XXXXXXXX XXXX XXXX and some unknown person XXXX XXXX at XXXXXXXXXXXX?? Does sending my personal information fall under your Regulations? 

Last, TMS knowingly omitted information when processing my loan and mislead me for weeks into believing I was qualified for a loan in the amount of {$260000.00}. As TMS was unwilling to provide me with information related to my loan, I filed a complaint with the Department of State ( DFS ). DFS was able to obtain some documents, one of which  included the XXXX Underwriting Findings and a letter from TMS General Counsel XXXX XXXX XXXX, Esq. DFS said I should obtained a private attorney, but someone told me to contact CFPB for help in resolving this issue because the Ability to Repay ( Regulation Z ) falls under their guidelines. XXXX XXXX XXXX purposely made false accusations in her letters to DFS a government agency which I have evidence to proof are untrue, including her statement in the letter that it was my responsibility for not expressing concerns about my Ability to Repay. After searching online, the Ability to Repay falls under Regulation Z The Truth in Lending Act and is the lenders responsibility, not the Borrowers responsibility. Their attorney took advantage of my lack of knowledge about regulations and understanding about the Ability to Repay which seems to be an abusive practice on their part. TMS and their Attorney put the burden and responsibility on me ( the Borrower ) to tell this Lender whether I was qualified for this loan. 

On XXXX/XXXX/XXXX, as requested by TMS Loan Officer XXXX XXXX ( who is no longer at TMS per the NMLS sheet ) I sent my paystubs, tax returns, XXXX for the last two years ( XXXX & XXXX ), and later signed the IRS XXXX Form. Prior to this loan being approved on XXXX/XXXX/XXXX, at no time did TMS request any additional information or state that they needed to verify my declining income to ensure I qualified for this loan of $ XXXX. My down payment was put in jeopardy the day TMS loan processor issued the Commitment Letter and sent an email on XXXX/XXXX/XXXX stating my loan was APPROVED ; then requested additional information- a letter from HR Department was required regarding my decline in income from XXXX and XXXX. On XXXX/XXXX/XXXX, the loan processor wrote " ... XXXX 's do n't state why income declined. XXXX 's just show the amount you earn from year to year ''. I sent them a letter from my HR Dept. 

After receiving the XXXX Underwriter Findings from the ( DFS ) the declining income in question for 6 Weeks was my Non-Taxable Income that TMS employees could not find on my XXXX and Paystubs. On XXXX/XXXX/XXXX, their own Wholesale Underwriting Manager emailed and said Not my favorite way of doing it, but XXXX not here so I corrected it the best that I could and just signed the Commitment Letter on XXXX/XXXX/XXXX. It appears that TMS employees and underwriters maybe inexperienced or unable to understand and examine tax documents when processing mortgage loans. I have no idea when this loan was approved! The XXXX Underwriting Form Version 2 stated my loan was approved XXXX/XXXX/XXXX. TMS employees issued a Commitment letter and stated the loan was APPROVED XXXX/XXXX/XXXX, but later the loan was RESUBMITTED back to the underwriter for reviewed on XXXX/XXXX/XXXX and the new Commitment Letters were issued on XXXX/XXXX/XXXX. The loan was resubmitted on XXXX/XXXX/XXXX, why didnt TMS provide the updated XXXX Underwriting Form? In the XXXX Underwriting Findings, appears TMS intentionally omitted the correct figures on the Underwriting Analysis Report, principal and interest, the new Lock in Rate of 4.500 %, and did not factor in the 1.5 % HOA maintenance increase. With these above increases, I would not have been able to live and pay my mortgage and HOA fees. It appears that TMS underwriters added my non-taxable income to approve me for this loan amount. It seems like I would have lost the apartment and everything if I moved forward with TMS as my lender due to their deceptive and reckless practices.

Company response to consumer: Closed with explanation