Consumer complaint received 2024-09-04
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Payment process
Company: FIRSTBANK PUERTO RICO (PR)

Email sent by my XXXX  to the bank, its counsel and the XXXX  which explains exactly what is happening up to date. 
" XXXX XXXX XXXX ( XXXX XXXX or XXXX ), who filed the captioned XXXX  proceeding under XXXX  XXXX with case No. XXXX. 

On the filing date, XXXX XXXX included the arrears on her mortgage loan with XXXX ( the bank ) over her principal residence, identified by number XXXX, in the XXXX  XXXX confirmed XXXX. 

After the filing of the petition and specifically, during XXXX and a portion of XXXX XXXX XXXX suffered financial hardships caused by the pandemic of XXXX XXXX and incurred in arrears with the bank. 

In XXXX, XXXX XXXX applied for assistance provided through the Federal Government, where the Department XXXX XXXX would cover the arrears incurred by persons such as XXXX XXXX during the COVID period. Authorization was also requested from the XXXX  XXXX to apply for this assistance. The bank submitted the documentation for the assistance, indicating that at that time, the arrears amounted to {$XXXX}. Subsequently, the Debtor was informed that the payment was issued directly to the bank in XX/XX/XXXX. By that time, the XXXX had already commenced payments of arrears to XXXX. Upon the receipt of the funds, the payment record reflects that upon receipt of the funds, XXXX had a surplus of payments of approximately {$XXXX} ( See attached exhibit ) On XX/XX/XXXX, XXXX XXXX contacted the bank telephonically and was told that the next mortgage payment would be due in XX/XX/XXXX. XXXX XXXX continued making her payments on such a date, but the adjudication of the payments does not match the records of XXXX. 

The surplus of {$XXXX} and the disbursements made by the XXXX  have created a payment record that is impossible to reconcile. Notwithstanding this, on XX/XX/XXXX, XXXX filed a motion for relief from stay including XXXX months in arrears. The debtor was unaware and did not procure a reconciliation of the account. Instead, XXXX nervously made the payments directly to XXXX. Upon receipt of payment from the XXXX, XXXX withdrew the motion before we could intervene. To add insult to injury, XXXX days after filing the motion, XXXX sent the XXXX  a check of {$XXXX} which consists of XXXX months of mortgage payments. 

Now, the situation of XXXX dislocation in the payment adjudication has triggered XXXX additional contested matters making XXXX incur more legal fees. First, the XXXX  seeks to stop payments to XXXX because the creditor alleges that Debtor is in a surplus for XXXX months in arrears ; ( XXXXXXXX XXXX XXXX, XXXX XXXX ) and on the other hand we have XXXX alleging XXXX months in arrears in a motion for relief of stay, ( plus the current month which was already paid ). ( XXXXXXXX XXXX XXXXXXXX ) In other words, we have the XXXX  requesting the XXXX to stop the payment of XXXX months of the mortgage payments to XXXX and we have XXXX seeking to lift the stay for the very same XXXX months in arrears. At this juncture, we are concerned because XXXX is charging attorney fees and costs over a controversy caused by their own actions. 

With these facts on hand, and in XXXX last attempt to resolve the controversy without incurring significant attorney fees and costs, we contacted XXXX counsel, XXXX XXXX, to discuss if they would be willing to enter into an agreement for which XXXX XXXX indicates we should forward our offer. 

Our client needs XXXX to update its receipts and reconcile the accounts and provide an updated statement that includes the amounts paid by Debtor directly, the amounts paid by XXXX and the amounts paid by the XXXX, with the adjudication of payments. 

Our client has until XX/XX/XXXX to answer the relief from stay, and the XXXX  motion is due on XX/XX/XXXX. Again, we would like to avoid court intervention but if our client has to oppose and incur more attorney fees and costs, it will request that the same be paid by XXXX. But again, we believe this can be resolved without court interventions if the XXXX pays XXXX and withdraws the motion in docket XXXX and XXXX receives the funds and withdraws the motion filed in docket entry XXXX. 

Please let us know by close of business this forthcoming Thursday XX/XX/XXXX, if we can enter into this arrangement that can resolve most of these issues without court intervention. We are available to discuss, if necessary. ''