Consumer complaint received 2021-06-12
Company: Village Capital & Investment LLC
State: SC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I am a XXXX XXXX Veteran with a VA home loan that is administered by Village Capital & Investment, LLC of ( XXXX XXXX XXXX XXXX , Nevada XXXX / also listed at XXXX XXXX XXXX XXXX , Texas XXXX ). 

On XXXX XX/XX/XXXX, I initiated a CARES ACT Forbearance on our VA home loan for one year until XXXX XX/XX/XXXX. 

Since the CARES ACT Forbearance ended on XXXX XX/XX/XXXX, I - along with our Attorney - Mr. XXXX XXXX ( XXXX ), notified Village Capital & Investment, LLC on XXXX XX/XX/XXXX by formal legal correspondence through service of process by registered & certified mail with the U.S. Postal Service - that I intend to retain ownership of my home, and that I am resuming normal monthly payments ( as required by federal law ) as of XXXX XX/XX/XXXX, and we also made Village Capital & Investment , LLC aware that I would be using deferment of the CARES ACT Forbearance missed payments ( which are without penalties, interest, late fees or negative credit reporting ) as a repayment option guaranteed by the VA and federal government. I have proof as of XXXX XX/XX/XXXX from the U.S. Postal Service and our bank ( XXXX XXXX XXXX - now known as XXXX XXXX ) that Village Capital & Investment, LLC received the legal correspondence and the check we made to resume our normal mortgage payments for the month of XX/XX/XXXX. 

As of XXXX XX/XX/XXXX and XXXX XX/XX/XXXX, Village Capital & Investment, LLC has violated U.S. federal laws under the CARES ACT and guidelines and agreements established by the Department of Veterans Affairs regarding VA home loans and Veterans with home loans who have a CARES ACT Forbearance - by falsely reporting to XXXX and XXXX Credit Reporting Bureaus that I am 120 day delinquent on my mortgage - yet, the balance that report as late is shown a {$0.00}. 

Federal law and VA guidelines do not require consumers with a VA home loan to repay a CARES ACT Forbearance missed payments as a lump sum to their lenders. However, it appears that Village Capital & Investment, LLC is not only trying to circumvent the law, but it appears that they are in-fact using their influence with credit reporting bureaus to willfully target and harm Veterans with VA home loans - while also engaging in strong arm tactics, extortion, and conspiracy to commit fraud ( by falsely reporting VA home loan accounts that were protected by the CARES ACT Forbearance ) as being delinquent, even after the fact that the Veteran has acted in good faith and resumed making normal monthly mortgage payments - and even working with an attorney to ensure that Village Capital & Investment, LLC understood the intent of the Veteran to maintain ownership of their home and that the Veteran utilized deferment as a repayment option to cure the CARES ACT Forbearance missed payments - which would be settled upon a future VA IRRRL refinance, or upon the final mortgage payment - which is at payment # XXXX ( as authorized by federal law ). 

Village Capital & Investment, LLC expressly agreed to the letter presented by Attorney XXXX XXXX - dated XXXX XX/XX/XXXX on our behalf as we stated our intent to maintain ownership of our home and the deferment of the CARES ACT Forbearance missed payments - as is evident of the agreement by accepting and cashing our check on XXXX XX/XX/XXXX ( check dated XXXX XX/XX/XXXX ) to reinstitute our regular mortgage payments at the end of our CARES ACT Forbearance beginning in XX/XX/XXXX. 

The hostile and criminal actions committed by Village Capital & Investment is part of a strategy intended to force the Veteran home owner to make a lump sum payment of the missed CARES ACT Forbearance payments ( even though federal law and the VA do not require VA home loan owners to make a lump sum payment for missed CARES ACT Forbearance payments ), and Village Capital & investment, LLC falsely and fraudulently reported the mortgage account as delinquent ( past due 120 days as of XXXX XXXX XXXX XXXXXX/XX/XXXX XXXX in an effort to harm the credit file of the Veteran, prevent the Veteran from being able to pursue VA refinancing options with other lenders - since loans must be reported as current in order to be able to refinance, to illegally use these false reporting and fraudulent actions as a means to justify initiating actions of pre-foreclosure or foreclosure or short sale, and as a means to personally attack this Veteran home owner since this Veteran has many times through various email correspondence and telephone calls attempted to obtain truthful guidance and answers from Village Capital & Investment, LLC - as to viable options on curing the CARES ACT Forbearance missed payments before seeking the assistance from Attorney XXXX XXXX in XXXX and XX/XX/XXXX. 

Village Capital & Investment, LLC has a history of willfully violating federal laws as a mortgage company and harming Veterans, and proof of this harm is evident as they were found guilty in federal court in Texas of committing fraud against Veterans with VA home loans. Additionally, Village Capital & Investment, LLC has over 125 complaints against it by mortgage consumers as listed on the website for the XXXX XXXX XXXX ( XXXX ) as of XX/XX/XXXX. Village Capital & Investment, LLC is the kind of company that operates with impunity, acts as if the rules or laws do not apply to them until they are caught - and then once caught they agree to pay fines as simply like an act of the cost of doing business ... meanwhile, they continue to benefit as a mortgage company taking little to no risk with VA, USDA, FHA federally backed loans - all the while treating their clients with federally backed mortgages unfairly, unethically, and often illegally. 

At this time, I am respectfully seeking the assistance of the Consumer Financial Protection Bureau ( CFPB ) - an agency of the federal government, to assist me in holding Village Capital & Investment accountable for their illegal actions, to force them to correctly report information about my mortgage as being current ( as required by federal law ) with the credit reporting bureaus ( as long as I continue to make regular monthly mortgage payments of ( {$1100.00} ) each month as required by federal law under the CARES ACT Forbearance and the Department of Veterans Affairs, to force Village Capital & Investment, LLC to send letters to remove the negative information they reported to the credit reporting bureaus, to force Village Capital & Investment, LLC to compensate me as the Veteran for any losses as a result of false and fraudulent credit reporting, to force Village Capital & investment, LLC to issue a formal letter of apology acknowledging their criminal actions of false and fraudulent reporting led to harm against me as a Veteran with a VA home loan so that I may have this as evidence if needed to prove that I was harmed by Village Capital & Investment should this matter be used to determine by credit worthiness for future loans, or insurance, or even for employment, to conduct an audit against Village Capital & Investment, LLC to ensure that they are not committing similar harmful acts of false reporting and fraud against mortgage consumers and Veterans, and to share evidence of their illegal actions with federal and state investigative agencies beginning with the U.S. Attorney 's Office with the Department of Justice and separate Attorney 's General Office with each state that may have jurisdiction over such cases of criminal activity. XXXX END OF REPORT - NOTHING FOLLOWS///XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation