Consumer complaint received 2024-12-13
Product: Mortgage — Manufactured home loan
Issue: Struggling to pay mortgage — Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-lieu
Company: VANDERBILT MORTGAGE & FINANCE, INC (TN)

Dear Attorney General, I am writing to file a formal complaint against Vanderbilt Mortgage regarding their handling of my mortgage account. Over the course of my loan servicing, I have experienced numerous issues that have caused severe financial and emotional distress. These violations highlight a pattern of negligence and noncompliance with federal and Tennessee state laws.

Violations : 1. Fees and Charges Violation : Unexplained and excessive fees have been applied to my account.

Federal Civil Code Violations : Truth in Lending Act ( TILA ) - 15 U.S.C. 1639 Real Estate Settlement Procedures Act ( RESPA ) - 12 U.S.C. 2605 Tennessee State Law Violations : Tennessee Consumer Protection Act ( TCPA ) - T.C.A. 47-18-104 : Prohibits deceptive acts, including unexplained charges.

2. Credit Reporting Violation : The lender has inaccurately reported negative information to credit bureaus, further damaging my credit.

Federal Civil Code Violations : Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 Tennessee State Law Violations : TCPA - T.C.A. 47-18-104 ( b ) ( 27 ) : Prohibits unfair business practices, including misrepresentation of credit status.

3. Dual Tracking Violation : The lender proceeded with foreclosure actions while a loan modification request was under review.

Federal Civil Code Violations : CFPB Regulation X ( 12 CFR 1024.41 ) Tennessee State Law Violations : TCPA - T.C.A. 47-18-104 ( b ) ( 15 ) : Protects consumers from unethical foreclosure practices.

4. Forced-Placed Insurance Violation : Insurance was forced on my property without sufficient notice or justification.

Federal Civil Code Violations : RESPA - 12 U.S.C. 2605 ( l ) Tennessee State Law Violations : T.C.A. 56-7-1303 : Governs requirements for notifying borrowers of forced-placed insurance.

5. Single Point of Contact ( SPOC ) Violation : I was unable to establish a single point of contact, leading to confusion and inefficiency.

Federal Civil Code Violations : CFPB Regulation X ( 12 CFR 1024.40 ) Tennessee State Law Violations : TCPA - T.C.A. 47-18-104 ( b ) ( 7 ) : Addresses failure to provide necessary services during financial transactions.

6. Loan Modification Review and Status Violation : My loan modification applications have been repeatedly denied without proper review or clear explanation.

Federal Civil Code Violations : CFPB Regulation X ( 12 CFR 1024.41 ) Tennessee State Law Violations : TCPA - T.C.A. 47-18-104 ( b ) ( 27 ) : Protects against unfair treatment during financial reviews.

7. Misleading Information Violation : I have been provided with conflicting and misleading information regarding my loan modification and foreclosure status.

Federal Civil Code Violations : Unfair or Deceptive Acts and Practices ( UDAP ) Tennessee State Law Violations : TCPA - T.C.A. 47-18-104 ( b ) ( 27 ) : Prohibits misleading statements in consumer transactions.

8. Partial Payments Violation : Payments that I attempted to make were rejected without explanation, preventing me from catching up on arrears.

Federal Civil Code Violations : RESPA - 12 U.S.C. 2605 ( e ) Tennessee State Law Violations : TCPA - T.C.A. 47-18-104 ( b ) ( 5 ) : Requires lenders to handle payments in good faith.

9. Foreclosure Proceeding Violation : Foreclosure proceedings were initiated without adequate notice or opportunity to rectify the account.

Federal Civil Code Violations : CFPB Regulation X ( 12 CFR 1024.41 ) Tennessee State Law Violations : T.C.A. 35-5-101 : Establishes requirements for foreclosure notices and proceedings.

Summary of Lender Violations : After submitting several loss mitigation applications, the lender failed to provide fair consideration or communicate effectively. Despite my good-faith efforts to make payments and resolve my account, Vanderbilt Mortgage refused to cooperate or pause foreclosure actions. Most recently, my loan modification request was denied within an unreasonably short time frame.

Request for Assistance : I respectfully request that the Tennessee Attorney Generals office investigate Vanderbilt Mortgage for the aforementioned violations. Specifically, I seek : Cancelling the foreclosure scheduled for Monday, XX/XX/year> A resolution that prevents foreclosure and allows for a reasonable loan modification.

Assurance of compliance with state and federal laws moving forward.

It is our goal to pursue a modification or a mutual workout that will benefit all parties. We have every intention of keeping our home and have already demonstrated our intent by submitting a modification package to the appropriate department within your organization. We prefer to handle this case out of court but, due to the severity and nature of our experience with Vanderbilt, immediate action was necessary in order to alleviate the financial strain caused by our hardship. We simply would like to expedite the modification review process to avoid further action and further delays. Please feel free to contact me by phone or email if further documentation or clarification is required. I am willing to provide copies of correspondence, loss mitigation packets, and any other necessary evidence. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX XXXX XXXX