Consumer complaint received 2024-09-03
Product: Mortgage — FHA 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: Data Mortgage Inc. (SC)

Complaint against Essex Mortgage ( Mortgage Servicer ) Essex has been participating in unfair mortgage practices against me which is a clear and utter Mortgage Servicing Violation for each count listed. They are very well aware of their own fraudulent practices and has even put it in writing in their correspondence, which is also attached and underlined for your viewing.

To add insult to injury already, now they have been gladly and consciously operating in unfair mortgage practices. They are fully aware of their own actions as it is included in one of their correspendence that I have attached and underlines the specific comment about if they do appraisals or have home inspection done, they will charge it to me, the borrower. They dont seem to think that these laws apply to them. They are required by law to stay abreast of any such laws. These laws have been around for quite some time but they are pushing the envelope to see how much they can get away with. They hold a mortgage license through NMLS which means they know and are fully aware of any such unfair mortgage practices. The Fair Housing Act ( FHA ) and the Equal Credit Opportunity Act ( ECOA ) protects consumers like myself by prohibiting unfair and discriminatory practices. They are a licensed entity and knows better than to do something like this. This is a clear violation on all levels.

As previously mentioned, they have been charging me for drive by home inspections and have stated in their correspondence that if ever an appraisal or home inspection is ordered that they will charge it to me. This correspondence was received by me on XX/XX/XXXX, citing they received my letter on XX/XX/XXXX. I have not sent a letter to them on XX/XX/XXXX unless they are referring to the complaint filed with cfpb and/or the partial claims documents they claimed they couldnt initially found and rather to go track the package they sent me a denial letter. Now we are starting that process all over again where they sent me new set of partial claims documents for the payments to resume in XX/XX/XXXX, since it was not any fault of mine. What they are doing with these excess charges is absolutely not fair. I am not responsible for those charges because they decided they wanted to keep driving by doing a home inspection. Likely they are doing this to others. They cant claim oversight when their That is a part of doing business, those their own business and expenses and not mine. I also see that they are charging me for Loss Mitigation Assessment a couple of times. I should not be charge for apply for financial assistance. This is insane.

Also, time and time again, I have asked them to give me a few repayment options for my 2nd mortgage. They offered it some time ago, but while we were on the phone the rep was having super bad connectivity issues and had to end the call and never called back in regards to that. I have emailed them muliptle times in the last few days to get a few options for repayment to chose from again. Something that will be affordable and that I can manage to repay until the loan is brought current. They have not yet responded to my written request via email. When they respond its always with information that I already have about my loan but never addressing the request for a repayment plan like they offered me months ago but never picked up that subject again. So now I am asking again via CFPB, for an affordable repayment plan for my second mortgage until I can get it back current again. Dont know why they think they can ignore my request. All they want to do is talk on the phone when everything should be in writing. Email is a form of communication, they have no right to deny me that. I cant sit on the phone for long periods I have obligations. If I'm communicating via email that is still communication and it is to be honored and respected. When you talk to them over the phone and ask them to send you some things in writing they will say well we have our recording, there is nothing we can put in writing. Even when we were first talking about the repayment options for the second mortgage all those months ago, before her phone got really bad, I said well send me everything in writing and then I will sign off on it and then we can go from there. She told me there was nothing she could send me in writing. I said but this is a mortgage contract everything is supposed to be in writing not just a discussion over the phone. Why are they so reluctant to put things in writing? Usually when people act like this is because they know they are doing something wrong or possibly even illegal. But yet they want to give me a hard time when I try to go through the proper channels to get financial assistance. Ask yourself real closely, if the goal was to get the 2nd mortgage back current and we were discussing repayment options, why didnt they want to put anything in writing when by law every thing dealing with a mortgage must be in writing its part of the mortgage contract laws. They know this. They are a shady company if I have ever seen one. They need to be audited and fully investigated. Imagine if others are going through this and because they use alot of fear tactics the people may not speak up or speak out against them. Please dont allow them to get away with this. I saw where CFPB sued certain mortgage servicers for the illegal activities. They should not be allowed to get away with what they have been doing. It is definitely traumatizing to say the least and its causing me much pain and suffering. 

Your assistance is greatly appreciated.