Consumer complaint received 2024-09-24
Product: Mortgage — VA mortgage
Issue: Closing on a mortgage — Fees or costs after closing
Company: CARDINAL FINANCIAL COMPANY, LIMITED PARTNERSHIP (TX)

We received certified mail from Cardinal Financial Services stating that we are {$23000.00} behind on payment even though our first mortgage payment is not due until XXXX. When we called in we were told that this is an attempt to collect a debt and that their system shows we owe {$23000.00}. We spoke to the representative and told them that the {$23000.00} was a VA builder interim interest and that the amount was taken from the builders final draw on XX/XX/year>. The final draw for the builder was {$40000.00} and XXXX withheld {$23000.00} to pay this, leaving the builder with a total of {$17000.00} as his final payment. We emailed the final draw paperwork on XXXX supporting this but we are told that they're working on a fix. We discussed that our first payment is due on XXXX but the system doesnt reflect our actual mortgage payment due because their system shows an overdue balance of {$23000.00} and if we make our scheduled payment on XXXX that amount will only be credited to the {$23000.00} and not count towards our first payment. The answer received is because they've switched servicers we have a 60 day leniency for late payments but that we can't make a payment until they research the issue with the builders interest which has been paid. We also were informed that their system reflects us as still being in construction even though we signed all modification paperwork on XXXX at which time we were given a XXXX first payment due date. We spoke to the VA and the VA claims they have not received the XXXX XXXX as well so they can not look into our file until they receive this information but when we spoke to Cardinal on XXXX they said they'll look into it and as of today nothing has progressed. We have continued to reach out to XXXX for any resolve but we are not making any progress and we're simply told that they're working on it but as we move closer to our first payment due we are not getting any answers. 
We are worried that a debt that was not ours and that has been satisfied is going to hurt our credit and we have no control over this until Cardinal rectifies the issue on their side. We are also concerned that our first payment on our mortgage is coming due but without any resolve on the debt, we wont be able to meet that and with Cardinals response of nothing will be reported for the first 60 days does not come across as correct. We are not sure why there is a problem with our account or why Cardinal cant see internally that the construction side took the {$23000.00} from the final draw and paid it, we dont understand how the mortgage side states that the system shows we're still in construction when we signed our modification paperwork on XXXX and we dont understand how the VA hasnt received the XXXX XXXX if everything had been satisfied on the signing of our modification to permanent mortgage at the beginning of XXXX. We are worried about our loan and our credit due to the effect that there is a pending class action lawsuit involving Cardinal Financial for telling clients not to make payments due to reasons but the clients are incurring interest charges on those, we do not want that to happen to us and we're trying to be proactive but we are not getting any progress on our concern. This is potentially damaging to our credit worthiness which carry long term effects.