Consumer complaint received 2024-02-07
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: ALLY FINANCIAL INC. (NJ)

This is complaint to stop illegal and subterfuge false representation and errors to foreclose on the loan modification signed and filed in court by Ally/XXXX XXXX. The consumer mortgage loan for my home that is involved in a balloon mortgage, originated XX/XX/XXXX. After negotiation and agreement during the COVID pandemic, I was told the loan was extended and agreed to continue making regular payments until paid off starting XX/XX/XXXX. I confirmed the agreement of XXXX to make payments until the load was paid off was still in place, and the bank told me to ignore a 60-day notice of the balloon being wholly due on XXXX. Therefore, we have a verbal and written agreement since XX/XX/XXXX to continue making payments until the loan is paid off which I have honored. 

Currently now, Ally bank is falsely stating my loan is behind payment after receiving from XX/XX/XXXX all payments on time. This should have been applied as per verbal and written agreement between Ally, myself, and the Investor owner of the loan. A current customer service recording of the status of this loan is not asking for a balloon payment. But, the recording is requesting payments which was received, and cashed by Ally but not applied. This is subterfuge. 

On or about XXXX and XXXX a loan modification mortgage was recorded that I was told would extend the loan bring all payments current. However, the statements show balance owed that should have been put to the end of the loan, included in the deferred amount, or applied to the mortgage when the payments were received monthly on time by Ally Bank. There are so many false representations, and inconsistencies by Ally bank that I am concerned there is subterfuge to take my home and ruin my credit. Due to these misrepresentations, breaking of oral and written agreement, and a balloon payment due XXXX that was extended to make monthly payments until paid off, I am requesting to continue payments as agreed, apply misapplied payments, escrow payments, and Ally put all money owed during this subterfuge to the back of the loan to be paid until paid off. 

On XXXX statement the unapplied funds totaling {$2400.00} were finally applied to the loan per the loan modification agreement. Also {$980.00} ( 2 payments ) was incorrectly misapplied to escrow, I do not escrow, that has not been applied to the loan per the loan modification agreement. The XXXX payment was received and applied to the account and an incorrect late fee was removed. On XX/XX/XXXX I was told that the request to reconcile had been approved and I was stated the amount owed of {$2900.00} ( 5 payments ) was still owed but did not reflect the {$980.00} misapplied to escrow. On XX/XX/XXXX Ally Bank stated I would have to pay {$2900.00}. However, today by subterfuge of recorded loan modification, bank statements, and letter stating I have until XXXX to pay {$2900.00}, I was told the loan has matured and I owe the balance of the loan. This is subterfuge and false. Therefore, per loan modification agreement, bank statement and letter, I have submitted payment of {$2900.00}, with the XXXX monthly payment. This brings the loan current. Because of errors by AllyXXXX, I request that all illegal negative credit reporting be removed for my credit report. 

I have paid my mortgage on time and made added extra principle amounts to the mortgage payment to reduce principle balance for over 17 years. I am currently making payments on time each month to allow facilitation to allow AllyXXXX not to continue its mismanagement, false representations, and subterfuge to have this loan due and ruin my credit. 
Therefore, please apply the mortgage payments held in escrow and misapplied cash, which are my monthly payments, I have made since XXXX COVID pandemic to the amount owed to balance loan current to be paid off as agreed as per the recorded loan modification of XXXX and monthly payments of {$490.00}.