Consumer complaint received 2021-01-11
Company: Dovenmuehle Mortgage, Inc.
State: WI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Dovenmuehle Mortgage, Inc. ( DMI ), servicer for XXXX XXXX XXXX  ( XXXX ), have made several errors to our mortgage loan accounting including a wrongly created new escrow, unapplied payments, interest charges, fees, inaccurate payoff amount and other inaccuracies including collections demands and likely damage to our credit rating. 

Additionally, XXXX and DMI together took an unauthorized ACH from our unrelated business account at XXXX XXXX and applied it to the newly created escrow. 

I. ESCROW ERRONEOUSLY ADDED TO MORTGAGE BY NEW SERVICER. We first learned about the change in our mortgage servicer from XXXX  to DMI on XX/XX/XXXX when we received a letter alerting us of a negative escrow balance. We reviewed our Mortgage Statements and discovered they looked slightly different beginning XX/XX/XXXX. That is also the first date our Mortgage Statement included a new line called current escrow account balance in the amount of - {$3500.00}. Our mortgage, created in XX/XX/XXXX, did not include Escrow ( proof attached. ) We called XXXX XXXX of XXXX  XXXX, WI office that day to request the mistake be corrected by the bank. She told us there was a new servicer and for us to contact DMI. During a phone call to DMI a few minutes later, the representative said the new charge was a penalty/fee for not having insurance, and that insurance was provided by DMI on our behalf. When asked, the DMI representative could not provide evidence of this nor details. We immediately provided proof of insurance to DMI by email. During follow-up phone calls DMI claimed they never received the proof of insurance despite approving the email address we were sending it to. We sent it several more times then again requested XXXX XXXX XXXX  associate XXXX XXXX to help. She then emailed and faxed our proof of XXXX to DMI which they continued to claim was never received. Finally, we asked our insurance provider, XXXX XXXX XXXX, to email the proof of insurance, which they did several times. DMI has still not acknowledged receiving it. It is still not clear why they added the escrow and how they arrived at the dollar figures on our mortgage statement. Documents attached. 

XXXX. XXXX & DMI took an unauthorized ACH payment in the amount of {$1000.00} from our unrelated business account at XXXXXXXX XXXX XXXXXXXX XXXX, WI on XX/XX/XXXX. After our business bookkeeper discovered it, we directed XXXXXXXX XXXX XXXXo revoke the ACH on XX/XX/XXXX. XXXX then charged us an Authorization Revoked Fee in the amount of {$140.00} plus a NSF/late charge of {$10.00}. We were shocked to discover this ACH was related to the above describe new escrow. We are bewildered that DMI was given access to this other banks account by XXXX XXXXXXXX XXXX  when the account at XXXX XXXX  is not attached to our personal accounting. ( We previously had a business relationship with XXXX XXXX for a business owned by us ; XXXX XXXX of XXXX, XXXX. This XXXX relationship ended XX/XX/XXXX. We never authorized an ACH to be drawn from the business account at XXXX XXXX. HOW DID XXXX XXXX XXXXDMI EVEN KNOW OUR ACCOUNT NUMBER AT XXXX XXXX? ) Document attached. 

XXXX. NO RESPONSE TO OUR REQUESTS. Early in XX/XX/XXXX we requested by phone that DMI remove the escrow and fees because the mortgage loan never included escrow before it was handed off to DMI. We received a letter dated XX/XX/XXXX from XXXX XXXXXXXX XXXX stating they received our inquiry request and would provide a response. As of XX/XX/XXXX, 72 days later, XXXX and DMI still have not responded to our questions and complaints nor have they removed the erroneous escrow charges and fees. The XXXX Mortgage Statement dated XX/XX/XXXX still shows a negative escrow balance - {$2600.00}. We have made timely mortgage payments every month, including XX/XX/XXXX, which was applied correctly per the XXXX monthly account statement, but sits un-assigned by DMI, resulting in further penalties. Document attached. 

XXXX. PAID PROPERTY TAXES AND WRONG PROPERTY ADDRESS. 

A ) Property taxes for XXXX related to the above referenced mortgage, for which we have never escrowed, were paid in full to XXXX XXXX, Wisconsin on XX/XX/XXXX. Document attached. 

B ) The property address for mortgage Loan Number : # # # # # # # is still recorded incorrectly by XXXX and DMI. ( The fire number of the property was changed by XXXX XXXX, Wisconsin in XXXX XXXX. ) XXXX XXXX XXXX  was made aware of a change to the fire number on the property address in Spring XXXX at which time they changed only the mailing address on our mortgage statement, not the property address. XXXX also failed to pass the revised property address to DMI when they took over servicing the mortgage, months later. We made DMI aware of this error during a phone call XXXX and asked DMI to correct the error. The address is still wrong on a demand letter sent by XXXX XXXX XXXX to us on XX/XX/XXXX. 


V. REFINANCED MORTAGE WITH XXXX XXXX XXXX AND CLOSED XXXX/DMI MORTGAGE Each time we asked for a contact name and direct phone, extension or email address to better communicate with DMI, they refused and offered us only a general number which is answered by a different person each time. We asked to speak to a Supervisor on XX/XX/XXXX ( while on a conference call with XXXX XXXX of XXXX XXXX XXXX, when we were seeking a payoff amount for refinancing the mortgage, scheduled for the next day. ) The DMI Supervisor on the phone call, XXXX, was no more helpful but again offered to begin an investigation. We received a letter from XXXX dated XX/XX/XXXX acknowledging our second request for investigation. 

We closed the above described BMO/DMI mortgage loan # # # # # # # # # # on XX/XX/XXXX with the payoff figure provided by DMI of {$59000.00}. We refinanced the mortgage with a new lender, XXXX XXXX XXXX of Wisconsin. Closing was XXXX at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX WI. 

1 ) DMI owes us a refund of all dollars collected for taxes and insurance in escrow as well as penalties and fees associated with their errors. We also request correction to the property address and all other mistakes, removal of default notation on our account and credit record and full restoration of our credit record.

2 ) DMI has given conflicting answers to our questions to resolve these issues and arrived at a different Payoff figure each time they were asked. Our new mortgage originator, XXXX XXXX of XXXX XXXX XXXX, participated with us in several group phone calls with DMI.

3 ) DMI associate XXXX told us in a phone conference on XX/XX/XXXX that a refund would be provided when the loan was closed. 
4 ) We question the legality of XXXX XXXX XXXX  and Dovenmuehle Mortgage , Inc. taking funds ( ACH ) from an unrelated business account without authorization. We are owed a refund of the NSF and Authorization Revoked fees assigned in XX/XX/XXXX. 

VI. NOTICE OF BREECH AND CURE DEFAULT. On XX/XX/XXXX we received certified letters from XXXX demanding our XXXX mortgage payment ( which was paid in person on XX/XX/XXXX as previously described. ) Not only was our XXXX payment made ( and applied per the XXXX XXXX XXXX Statement- attached ) but because we refinanced the loan and paid the balance demanded by DMI at closing on XX/XX/XXXX, we owe no money to XXXX/DMI. Rather, per the above and attached documents, we are owed refunds. XXXX attached. 

SUMMARY XXXX XXXX XXXX  and Dovenmuehle Mortgage , Inc. have failed to remove inaccurate charges and erroneous escrow from our Mortgage Loan as well as the fees and penalties associated with their mistakes. They have wrongly placed us in default. 

XXXX XXXX XXXX  and Dovenmuehle Mortgage , Inc. owe us a refund for inaccurate charges, fees and penalties which we paid in full on XX/XX/XXXX upon officially closing the mortgage.

Company response to consumer: Closed with explanation