Consumer complaint received 2020-04-20
Company: LAKEVIEW LOAN SERVICING, LLC
State: UT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am attempting to get the PMI cancelled from my mortgage account at Lakeview Loan Servicing LLC ( sub-servicing by XXXX  ). We have made substantial improvements to our property that warrant a new appraisal, which we believe will show that our Loan To Current Value is 80 % or less. 

We started this process in XXXX, made payment for the appraisal to be done and uploaded documentation of our property improvement receipts in XXXX, and then were denied in XXXX. The denial was due to a series of errors on behalf of XXXX, and the way they applied my escrow shortage payment in XXXX ( explained in detail in the text below- which is what I eventually ended up emailing to XXXX  ) ; these errors gave the impression that I had been 60 days past due on more than one occasion, yet this was never true, never communicated to me, never reported to a credit bureau, nothing! 
After multiple attempts from XX/XX/XXXX through XX/XX/XXXX ( and HOURS on the phone with them ) of trying to get them to fix this error, they denied my PMI cancellation request again. On XX/XX/XXXX, I spoke with yet-another supervisor who told me that, while she could see the series of errors that had occurred ( note : every agent & supervisor I spoke with told me they could see the errors that had occurred ), she could not process this request but that I should send an email to XXXX explaining the situation, which I did. Immediately I received an auto-generated response that my case had been closed. So I sent another email to that same address and received the same letter that I got in XXXX explaining how to apply for PMI cancellation, however this one was dated XX/XX/XXXX. On XX/XX/XXXX, I spoke to XXXX, explaining the situation and that I wanted to make sure the errors that caused the previous denials had been fixed and that I wanted to re-order the appraisal so that I could get this PMI removed. He told me he could not see all of the notes on the account and I would need to speak to a supervisor, so I was transferred. After 26 minutes listening to hold music, I heard a machine asking if I was satisfied with my message and then disconnected my call.

I am begging for help here. This is a blatant disregard of the Homeowners Protection Act, enforced by the Dodd-Frank Act. Continuing to cause difficulties and delays of cancelling my PMI is fraudulent on their part. I have, in good faith with their procedures, completed every step they have required, and even spent hours and hours on end with them as they go through the process of fixing their errors. Yet, three months into the process, I I have not gotten any closer to 1 ) getting the PMI cancelled or 2 ) getting the errors corrected that caused the prior denial. 


Below is the email I sent to their Payment Research Address on XX/XX/XXXX at XXXX XXXX  MT  : Consumer Solutions Department, I am desperately looking for someone who can look at my account and correct an egregious error that has occurred. 

In XX/XX/XXXX, my mortgage payment was {$2200.00}. I received a notification from XXXX indicating that my escrow was short by {$420.00}. I was advised that I could pay the shortage and my payment would increase to {$2200.00} or not pay the shortage and it would increase to {$2200.00}. I opted to pay the shortage and sent a payment for {$2600.00} ( XXXX+XXXX ). The following month ( XXXX ) I couldnt remember the new payment so I sent {$2300.00} as a guess ( that is not relevant to the story, but will explain why the payment that month was a little wonky ). The following month I had that initial paperwork in front of me and paid {$2200.00} ( as stated on the escrow shortage notification ), this happened every month following that for the remainder of the year ( not ONCE did I EVER pay my mortgage late- nor have I ever ). Probably sometime around XXXX I realized that my statement was showing that my payment was {$2200.00}, I called XXXX and was advised that the {$420.00} that I paid toward the escrow shortage was applied to principal. The agent realized they had misapplied my escrow payment and told me she would escalate to a supervisor to have it applied correctly and have my payment show accurately on my statement. After two more months of the statement still showing incorrectly, I called back again and was told that it hadnt been fixed correctly and would need to be fixed again. At this point it was escalated again. Another two months go by and the statement is still incorrect, so I call again. The person who answered this time told me that she would be able to fix it herself. Shortly after that, my statement was corrected and finally reflected the correct monthly payment. 

Fast forward to XXXX. We decided that we would like to go through the process of getting the PMI removed from our mortgage payment. We were told that we would get a packet explaining what we needed to do. Three to four weeks later we received the packet that explained that we had been denied and explained that we had the option to order an appraisal if we had done substantial renovations to the house. Since we had, we opted to go this route. I called the PMI department and advised that I would like to have the appraisal ordered, the woman on the line took my payment of {$320.00} and advised that the appraisal would be conducted by XX/XX/XXXX, so to expect a call from someone to schedule it. I had a couple of questions that she did not clarify, so I called back again to get those cleared up. Things seemed fine. By XX/XX/XXXX, I had not heard from anyone regarding the appraisal, so I called again. At this point I was told that my {$320.00} had been refunded in the form of a check that would be sent to my home, and that my request had been denied because I had been more than 60 days late two times. 

I was appalled. I explained that I had never been late on a payment, the woman reviewed my payment history and explained to me that she was confused about why it was saying that because she was not seeing any late payments on my account. She placed me on hold and told me that this would be escalated and would take a few days to hear back from someone. Over the course of the next week I waited to hear back from someone and never did, so I called back. I explained what I was trying to do and again advised that I had not had a late payment ever, and the agent again escalated my call. I received an email about my escalation ( XXXX ) on XX/XX/XXXX, telling me that a member of management was reviewing my request and asked for additional time. I received a similar email on XX/XX/XXXX, explaining again that more time was needed, and another one on XX/XX/XXXX. At this point I called back again, I explained the situation again and was told that the supervisor had just received it on his desk and should be able to get to it very soon. Today, XX/XX/XXXX, I received another email telling me that my escalated request had been resolved. But it gave me no further information. Once again, I made a phone call to ask what the resolution was. The agent on the line told me that my request to remove the PMI had been denied because my account payments had been misapplied on my account in XXXX. I explained to him what had happened back in XXXX with the escrow shortage being misapplied and the multiple attempts I made to get it fixed, he could see all this documented but advised that there was nothing he could do but transfer me to a supervisor. When I finally go to a supervisor and explained the situation again, she again told me that the request was denied due to the misapplied payment. I pointed out that if the misapplied payment was not handled correctly then it was clearly an error on behalf of XXXX, and that it was completely out of my hands. She agreed with me but advised that she could not change the outcome of the decision. 
She advised that I contact the consumer solutions department via email, obtain another LPK tracking number and wait another 7-10 days for a resolution, and possibly a phone call. 

So this is where I am at. I am begging someone to take a look at my account who can see what has happened in XXXX was not my error, and that I NEVER made a late payment. In that vein, I am requesting that my PMI removal request be approved so that I can get the PMI removed from my loan based on the current value of my home. 
Thank you, XXXX & XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX UT, XXXX XXXX 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