Consumer complaint received 2022-08-03
Company: LAKEVIEW LOAN SERVICING, LLC
State: FL
Product: Mortgage
Sub-product: VA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I applied for an extension of credit XX/XX/2022, for XXXX months I submitted paperwork and documents. Which were claimed to qualify me for a new loan/refinance. At the last minute, XXXX hours before closing in XX/XX/2022. I was denied the loan and a couple days after, I received my adverse action report, denying me the right the loan. Ive done some studying and it has become clear to me that Lakeview has violated and discriminated against me. Pursuant to 15 usc 1681a ( k ) Adverse Action.

( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.

From you denial explanation in Part I & II, where I have been violated and discriminated against. It states, I was denied for insufficient assets & information obtained by a 3rd party. As you can see from Federal Law, I can only be denied for purposes of Insurance, Employment, Licenses, state or local child support payments/enforcing child support order. Which none of those action pertain to me. 

Pursuant to 15 USC 1681a ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer ; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. 
( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. 
( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.

The term consumer means an individual. Which I am.

The definition of credit means the right granted by a creditor to an applicant to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment therefor. 

The definition of creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. All of these terms refers to me Pursuant to the CFPB, credit reporting is voluntary. XXXX.1.1 Furnisher Incentives and Disincentives Reporting to credit bureaus and other consumer reporting agencies by creditors is voluntary and historically has been. Not all creditors report information about their borrowers. Some creditors report information about users of some of their credit products, but not others. For example, credit card issuers who issue revolving credit to consumers usually report trade line information monthly on consumer cards but are less likely to report on small business cards even when these are owed by, and underwritten based on, the personal credit history of the business owner. 

Ive including the entire report, ACCORDING TO THE CFPB 15USC 1691 ( a ) ( 3 ) ( a ) Activities constituting discriminationIt shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter.

( b ) Activities not constituting discriminationIt shall not constitute discrimination for purposes of this subchapter for a creditor ( 1 ) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the creditors rights and remedies applicable to the particular extension ofcredit and not to discriminate in a determination of credit-worthiness ; ( 2 ) to make an inquiry of the applicants age or of whether the applicants income derives from any public assistance program if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Bureau ; ( 3 ) to use any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Bureau, except that in the operation of such system the age of an elderly applicant may not be assigned a negative factor or value ; ( 4 ) to make an inquiry or to consider the age of an elderly applicant when the age of such applicant is to be used by the creditor in the extension of credit in favor of such applicant; or ( 5 ) to make an inquiry under section 1691c2 of this title, in accordance with the requirements of that section.

( c ) Additional activities not constituting discriminationIt is not a violation of this section for a creditor to refuse to extend credit offered pursuant to At this point your company procedures do not supercede Federal Law, this is a direct violation of my rights of a consumer 15 USC 1602 ( f ). Tells me that Credit is my right, I can not be denied a right 15 USC 1602 ( p ). Makes it clear that I can not that you committed fraudand used my credit card ( social security card ) without my authority ad I didnt receive and benefits. 15 USC 1691 ( a ) ( 3 ) makes it clear that I can not be discriminated against for excersing my rights, and applying for that loan is excersing my rights. Now I would hate for this situation to escalate, Im sure youre just doing your job. But I would now have to hold you XXXX XXXX XXXX and XXXX XXXX XXXX personally liable for this because as of now youre acting as an authorized representative for Lakeview Loan Services . I am willing to let all of this go if your company does the right thing and reverse this decision. Thank you

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