Consumer complaint received 2024-08-19
Product: Mortgage — FHA mortgage
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: AmeriHome Mortgage Company, LLC (TX)

I am writing to dispute some inaccuracies in the credit reporting of my mortgage payments during the loan modification of home loan. On XX/XX/XXXX at XXXX I called Amerihome and advised the rep that I was facing financial issues and was concerned about making late payments. My father co-signed for my family to get this home. I made sure I specified to the rep that we were seeking mortgage help but I wanted to ensure that it wouldnt impact the credit. I have attached the phone calls and duration of these calls I made to Amerihome prior to approval of the modification and every call I always asked the question was this going to affect my credit or my co-signers credit by applying for modification and not once was I advised that forbearance was the only option at the time. Based on my call for mortgage help on XXXX XXXX I received a loss mitigation packet that I submitted to loanadministration.com on XXXX XXXX based on the packet I received. After XXXX weeks of no response I called Amerihome and was advised to resubmit the paperwork via email as they never received the documents I uploaded onto the website. 

The initial advisor explained the process and said she would send out a loss mitigation packet. At the time I wasnt advised that forbearance was the only option to avoid negative credit reporting, until I spoke to a rep at XXXX in XX/XX/XXXX XXXX XXXXXXXX on a conference call with my father. At that we were informed that credit was going to be affected but to wait after we get official papers stating the modification was approved at that time we could dispute it. I made a payment on XX/XX/XXXX to cover the XXXX late payment of {$2600.00} although I was waiting for documents from Amerihome to begin the XXXX financial assistance process and it appears because I wasnt 2 months behind or greater than 12 months behind when I was approved on XX/XX/XXXX ( see attached letter ) I wasnt awarded forbearance. 

Per the credit reporting section of the letter dated XX/XX/XXXX -For any property located in a federally declared disaster area, please note that we suspend reporting to all credit reporting agencies for the duration of the Trial Modification. XXXX declared XXXX disaster area in Texas from XX/XX/XXXX - XX/XX/XXXX XXXX. Per the CFPB website CARES Act requirement applies only to agreements MADE between XX/XX/XXXX and the LATER of either : 120 days after XX/XX/XXXX or 120 days after the national emergency concerning XXXX ends. 

If the national disaster ended on XXXX XXXX then 120 days after would be XXXX XXXX. Even when I made my trial modification payments on-time from XXXX XXXX XX/XX/XXXX I was still being reported as past due to the credit reporting bureaus by Amerihome inaccurately. According to the loan modification approval XXXX XXXX Amerihome stated For any property located in a federally declared disaster area, please note that we suspend reporting to all credit reporting agencies for the duration of the XXXX XXXX XXXX property was located in a federally declared disaster area. 

The Coronavirus Aid, Relief, and Economic Security ( CARES ) Act, XXXX. XXXX XXXX. XXXX ( XXXX. XXXX, XXXX ), at section 4021, amends the Fair Credit Reporting Act ( FCRA ). A new subparagraph ( F ) is added to 15 U.S.C. 1681s-2 ( a ) ( 1 ). This new FCRA subparagraph provides protections only if a creditor approves a consumer for an accommodation. An accommodation is an agreement for a forbearance, a payment deferral, a partial payment agreement, a loan modification, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. 15 U.S.C. 1681s-2 ( a ) ( 1 ( F ) ( i ) ( I ). The covered period extends to 120 days after the termination of the national emergency declared by the XXXX over XXXX. 15 U.S.C. 1681s-2 ( a ) ( 1 ( F ) ( i ) ( II ). 

My request for mortgage relief in XX/XX/XXXX falls under the protection consumers were awarded by the federal government due to federal declared disaster XXXX. 

Per the CFPB website If your lender does make an agreement or accommodation with you : How your lenders report your account to credit reporting agencies under the CARES Act depends on whether you are current or already delinquent when this agreement is made. 

These reporting requirements apply only if you are making any payments required by the agreement. 

If your account is current and you make an agreement to make a partial payment, skip a payment, or other accommodation, then the creditor is to report to credit reporting companies that you are current on your loan or account. 
If your account is already delinquent and you make an agreement, then the creditor can not report you as more delinquent ( such as reporting you as 60 days delinquent when you started out 30 days delinquent ) during the period of the agreement. 

My XXXX mortgage payment was not paid as I was awaiting the response from the Amerihome to be reviewed. On XXXX XXXX my loss mitigation was approved. If we entered into an agreement on XX/XX/XXXX and my first payment would start on XX/XX/XXXX, why would my account be reported to the credit agency as past due XXXX and 90 days starting in XXXX. The CARES law explicitly covered these actions to avoid further stress on households facing hardships as long as I entered an agreement for financial help between XX/XX/XXXX - XX/XX/XXXX ( XXXX XXXX ) 120 days after the end of the disaster. 

Per the CARES act as long as I applied for mortgage relief between the time frame explained below my household was to be protected and unfortunately we were not. 
15 U.S.C. 1681s-2 ( a ) ( 1 ( F ) ( i ) ( I ). The covered period extends to 120 days after the termination of the national emergency declared by the XXXX over XXXX. XXXX U.S.C. 1681s-2 ( a ) ( 1 ( F ) ( i ) ( II ). 

I am asking to please remove the late payments that are reported on my credit report and my co-signers credit report XXXX XXXX from XX/XX/XXXX XX/XX/XXXX. Myself and my father XXXX XXXX have been negatively impacted by the reporting of 5 months of late mortgage payments although we abided to all rules set forth by Amerihome during the modification process. I suffered a great loss during XXXX to my small business and now I and my co-signer are being rejected by creditors due to our credit worthiness which has been making life more difficult. I have tried to resolve this issue with Amerihome several times and to no avail. I have sent an email to XXXX on XX/XX/XXXX and only received this response and nothing else. Your Credit Correction Dispute has been forwarded to our XXXX XXXX XXXX for review. Once completed a letter will be generated and mailed to you of their findings. We will also send a letter to the Credit Agencies advising. Please be advised we must report accurately. This may take up to 30 business days for the review and for the 3 Credit Bureaus to update on their end. I then called in on XX/XX/XXXX and requested an update from my XXXX email. There was no record in the system of the email although they responded so I verbally requested them to review the file. I called back on XX/XX/XXXX and still no response then I requested another review. On XX/XX/XXXX or XXXX they sent a letter and said I didnt submit proof of timely payments. Regardless if I made timely payments or not my case still falls under federal protections granted to families experiencing hardships due to XXXX and they did not XXXX it. I spoke to XXXX XXXXXXXX XXXX XXXXXXXX on XX/XX/XXXX and she agreed that I shouldnt have been penalized and she said she would put in another request to remove the late and missing payments. I have called back XX/XX/XXXX and XX/XX/XXXX and was told they did not have a response. I have tirelessly tried to resolve this issue with the company for 7 months now and I am getting the run around. This has caused a severe financial hardship for me and my co-signer and I am asking to have XX/XX/XXXX- XX/XX/XXXX payments removed under CARES act for homeowners.