Consumer complaint received 2017-05-29
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I am writing today to express my extreme frustrations with the unfair treatment I have received while attempting to complete a refinance with  Capital One.      After years of being underwater with my mortgage, I finally inquired about refinancing with  Capital One  on  XXXX   XXXX ,  XXXX . I purchased my property in  XXXX   XXXX  and ING Direct was my initial 1st mortgage holder and  XXXX   XXXX   XXXX  was my 2nd lienholder.  Capital One su bsequently acquired ING Direct and  XXXX  acquired  XXXX   XXXX   XXXX . As I mentioned, the refinance process began in later  XXXX  and was off to a good start. The dynamics and communication began to change after the appraisal was performed on  XXXX   XXXX ,  XXXX . Below is the timeline of communication :  XX/XX/XXXX - application started via phone  XX/XX/XXXX  received an email from  XXXX   XXXX  who introduced himself as my assigned Loan  Specialist ( Processor ) an d would be my primary contact.   Between  XX/XX/XXXX  and  XX/XX/XXXX  we were regularly corresponding about outstanding documents that were being requested, which were all promptly provided.    XX/XX/XXXX  the appraisal occurs  XX/XX/XXXX  I emailed  XXXX   XXXX  asking for news on the appraisal, and he replies that there should be more information the following Monday (  XX/XX/XXXX  ).    XX/XX/XXXX  I received a  XXXX   XXXX  auto-generated email notification letting me know the appraisal was ready to view.    XXXX / XXXX / XXXX  I emailed  XXXX   XXXX  letting him know I saw the appraisal and was eager to continue the process. He then replies saying tha t Capital One wa s requesting a signed and dated letter regarding another address that appeared on some of my documents.    XX/XX/XXXX  I emailed indicating the letter was uploaded, which explained that the address is where my parents live and where I lived before purchasing my property and subsequently moving in  XXXX .    XX/XX/XXXX  no response, so I emailed asking on the status of the application, at which point  XXXX   XXXX  responded saying  XXXX   XXXX   ( Loan Originator ) w ould be reaching out to me.    XX/XX/XXXX  After not hearing anything still, I emailed both asking yet again for an update.  XXXX   XXXX  responds saying th at Capital One was  requesting additional documentation to confirm occupancy. I further explained that my parents address was still being used for mailing purposes due to issues experienced in receiving mail at my condo.  XXXX   XXXX  then asked for me to send utility bills  ( which reflect   the condo address ), which I did.    XX/XX/XXXX   XXXX   XXXX  emails to reques t my Auto Insurance poli cy ( reflects condo address ), which I send.    XX/XX/XXXX   XXXX   XXXX  emails requesting  my Home Owners Insurance polic y ( reflects condo address ), which I send.     There are a few phone conversations in between this time, during which Im adamantly trying to figure out what else could possibly be need to prove my occupancy t o Capital One. By th is point, I had provided sufficient documentation that would have been deemed acceptable to any other lender.      XX/XX/XXXX  I proactively submitted yet another docume nt ( Vehicle Registration ) sh owing the condo address and sent an email to  XXXX   XXXX  supervisor,  XXXX   XXXX , whom to this day has never replied.    XX/XX/XXXX  I was contacted by  XXXX  in Capital Ones Customer Advocacy group, who stated that the case had been transferred to him and that he would be working to get responses from managers in the sales department as well as in underwriting.    XX/XX/XXXX  received a call from  XXXX  indicating that Capital Ones inconclusive determination on occupancy would remain and that he was closing the case. I demanded that he escalate my application concerns further.    XX/XX/XXXX  received a call/email from  XXXX   XXXX  a t Capital O nes Office of The President and it was not until  XX/XX/XXXX  that I heard anything back from, which basically was Capital Ones attempt to strong arm me into accepting the terms of a non-owner occupied property for the purpose of the refinance, which I vehemently declined.      Capital One ' s pure greed was being clearly demonstrated, as it would require nearly {$3000.00} more from me in cash at closing by calling it a " non-owner occupied '' property. I am extremely appalled by its callousness and even more deeply bothered by its blatant display on unfair underwriting. How can a lender request specific documentation from a borrower that would address its concerns about occupancy, then do an about face when those documents are provided? How is that fair? How is that just? The CFPB can clearly see that I have gone above and beyond to try to amicably resolve this with  Capital One .

Company response to consumer: Closed with explanation