Consumer complaint received 2024-10-04
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — Paying off the loan
Company: Dovenmuehle Mortgage, Inc. (VA)

Complaint Summary : I am filing a formal complaint against XXXXovenmuehle Mortgage Inc. for improper and harassing servicing practices related to my mortgage account No. XXXX. Despite multiple dispute letters, issued drafts, and formal requests for documentation, Dovenmuehle has failed to provide substantive responses. Instead, they have provided irrelevant copies of my mortgage documents without addressing the key legal and procedural issues raised. Additionally, Dovenmuehle has engaged in harassing behavior by sending individuals to my property to take photographs without my consent or prior notice, constituting both harassment and an invasion of privacy. 

XXXX. Failure to Address Dispute and Provide Documentation : On multiple occasions, I have formally disputed Dovenmuehles standing to enforce my mortgage and requested specific documentation to substantiate their legal rights, as required by UCC 3-203, 15 U.S.C. 1641 ( g ), and the Fair Credit Reporting Act ( FCRA ). My requests included : -The original promissory note with all endorsements, -The assignment of the deed of trust, and -The servicing agreement authorizing Dovenmuehle to act on behalf of the true noteholder. 
Dovenmuehles responses have been limited to providing irrelevant copies of my mortgage documents, which I already possess, without addressing or complying with my formal legal requests. 

Relevant Case Law : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) : This case emphasized that a party must hold both the mortgage and the note to enforce the loan. Without the requested documentation, Dovenmuehle lacks standing. 

XXXX. Failure to Respond to Notice of Error & Request for Information : On XX/XX/XXXX, I submitted a formal Notice of Error & Request for Information to Dovenmuehle Mortgage Inc., seeking specific documentation regarding the chain of title for my mortgage. Instead of providing the requested information, Dovenmuehle responded by merely sending a copy of my mortgage documents, which did not address or include the chain of title as requested. This failure to provide the requested information constitutes a violation of the Real Estate Settlement Procedures Act ( RESPA ), which requires servicers to respond comprehensively to such requests. 

Additionally, on XX/XX/XXXX, XXXX XXXX transferred servicing of my mortgage to Dovenmuehle. Despite this change in servicers, I was still not provided with the necessary documentation to verify the proper assignment or chain of title, even though I had formally requested it. 

Relevant Case Law : - XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) : This case underscores the obligation of mortgage servicers to respond to qualified written requests under RESPA, including providing specific information about the loan 's servicing and chain of title. 

XXXX. Ignored Formal Dispute Letters : I sent XXXX formal dispute letters, which have been ignored or inadequately addressed : - XX/XX/XXXX : In this letter, I requested proof of Dovenmuehles standing to service the loan and revoked their ability to report to credit bureaus. Their response was limited to irrelevant mortgage documents. 
- XX/XX/XXXX : This follow-up reiterated my demands for documentation and questioned Dovenmuehles legal standing. Again, they failed to address the legal questions raised.

Dovenmuehles continued failure to provide proper documentation is a violation of RESPA. 

Relevant Case Law : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) : This case highlights the obligation of mortgage servicers to respond to written requests and provide the necessary documentation under RESPA. 

XXXX. Improper Credit Reporting : Despite my formal disputes and Dovenmuehles inability to verify their legal standing, they continue to report my mortgage account to credit reporting agencies. I revoked my consent for such reporting under 15 U.S.C. 1681s-2, but they persist in reporting inaccurate information, constituting a violation of the FCRA. 

Relevant Case Law : - XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : This case confirmed that failure to investigate and correct inaccurate credit reporting can result in liability under the FCRA. 

XXXX. Issuance of Formal Drafts and Refusal to Process : On XX/XX/XXXX, I issued a draft for {$410000.00} ( Draft No. XXXX ), which was received by Dovenmuehle on XX/XX/XXXX. The draft was accompanied by a notarized certificate of mailing and instructions specifically directing Dovenmuehle to process the draft as a negotiable instrument under the Uniform Commercial Code ( UCC ), not as an ordinary check. Dovenmuehle dishonored the draft and returned it without processing. 

On XX/XX/XXXX, I issued another draft for {$410000.00} with similar instructions under the UCC. This draft was also dishonored. Dovenmuehles failure to process these drafts demonstrates bad faith and violates the UCC. 

Relevant Case Law : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  This case highlights that a servicer must provide proof of authority to act and process negotiable instruments correctly under the UCC. 

XXXX. Harassment and Invasion of Privacy : On XX/XX/XXXX, a Caucasian woman in a XXXX  XXXX XXXX came to my home and took photographs of my property without my consent or prior notice. This follows a similar incident in XX/XX/XXXX, where another individual took photographs after delivering an " Important Notice. '' I have repeatedly requested an explanation from Dovenmuehle, but they have failed to provide one. These unsanctioned visits constitute harassment and an invasion of my privacy. 

Relevant Case Law : - XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : This case established that intrusion upon seclusion is a valid tort under Virginia law when the intrusion is considered highly offensive to a reasonable person. 

XXXX. Unjustified Property Inspection Fees : Dovenmuehle has assessed property inspection fees on my account despite failing to provide documentation justifying these fees, as required under the terms of my mortgage agreement. These fees remain disputed, and no explanation has been provided. 

Request for Relief : I request that the following actions be taken immediately : 1. Immediate cessation of all unsanctioned visits to my property, including unauthorized photographing of my home. 
XXXX. Correction or deletion of inaccurate or unverifiable credit reporting, in accordance with the FCRA and 15 U.S.C. 1681s-2. 
XXXX. Provision of the requested documentation, including the original promissory note with all endorsements, assignment of the deed of trust, and the servicing agreement. 
XXXX. Immediate removal of any unjustified property inspection fees, unless properly documented. 
XXXX. Acknowledgment of the formal drafts I issued, with immediate correction of their failure to process the payments as per the UCC. 
XXXX. Compensatory damages for emotional distress and financial harm caused by Dovenmuehles harassment, invasion of privacy, and failure to process the drafts and resolve the dispute. 
XXXX. Statutory damages under the FCRA ( up to {$1000.00} per violation ) and RESPA ( up to {$2000.00} per violation ) for Dovenmuehles failure to provide documentation and continued inaccurate reporting. 
XXXX. Punitive damages for Dovenmuehles willful and egregious conduct, in an amount deemed appropriate by the CFPB.