Consumer complaint received 2024-04-22
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: U.S. BANCORP (MN)

I requested twice that the account be investigated with reasonable and meaningful inquiry as to the accurate representation and reporting of the mortgage status ; including pertinent credit reporting. The company has not only failed to reasonably investigate or attempt basic due diligence, but has acted with willful malice as to the servicing duties on the account. Additionally, the resolution reported to the CFPB is inaccurate by reporting the complaint as being " resolved with non-monetary relief ''. No relief was provided and the complaint was dismissed without having been investigated reasonably, or willful misrepresentation. 

The response letter claims on its face that payment is due for a date that was clearly documented as having been contractually changed by a deferral agreement that was signed several weeks prior, and clearly lays out terms that state that the account would be contractually current a week before the date of the companies provided response letter. 

The company also made representation that the only way to bring the account current was by reinstatement, which required all forebearance payments made in full. I made contact with the company prior to the scheduled due date that was scheduled following the COVID forebearance, and was informed that I needed to request a resinstatement quote in order to bring the account current, which needed to be sent by XXXX mail and could not be provided verbally. This implied that despite my good faith effort to make the account current exiting forebearance, I could not do so even if I was to pay the entire lump sum. 

This reinstatement quote was then sent to me via XXXX certified mail with tracking, and the letter dated XX/XX/XXXX was valid for 7 days until XX/XX/XXXX ; but the letter did not even reach my local post office until XX/XX/XXXX making the reinstatement quote invalid and further evidence of incompetence, or probable malice in servicing our account. 

Despite the incompetence with the reinstatement quote, other letters received in early XXXX that state the status of the account and demonstrate acceptance of a payment deferral, state that the account " may become delinquent '', and demonstrate acceptance in to the deferral agreement. Additionally, a letter states that the servicing mandates that remain in place from the COVID/CARES act mandates remain in place and US Bank was obligated contractually to proceed and act accordingly in compliance. 

Another letter provided while in forbearance states that I was participating in a COVID 19 forbearance plan. This designation is documented proof that the loss mitigation accommodation related to the COVID 19 national emergency, of which ended XX/XX/year>, and 120 days following the declared end. As evidenced by my mortgager, the a letter dated XX/XX/year> evidenced my acceptance and enrollment. 

The clear and concise guidance that XXXX XXXX provides US Bank as a servicer in regards to the contractually obligated procedure that is applicable to my account, dictates the specific manner in which credit reporting is to follow. 

XXXX XXXX XXXXXXXX Credit reporting For each Mortgage that is subject to the Payment Deferral, the Servicer must provide a full file status report describing the status of the Mortgage to each of the XXXX major credit repositories in accordance with the credit bureau standards as  provided by the XXXX XXXX XXXXXXXX XXXX XXXX 

Now this is not only a contractual requirement of the servicer, it is also a federal law upon which this mandate was created in response to. It is also the same law that is referenced in our mortgage agreement as ( XXXX ) Governing Law and ( I ) Applicable Law that preempts any conflicting terms as severable. 

The XXXX provides detailed and indisputable guidance as to the innacurrate credit reporting that occurred with regards to our mortgage account. Further more, it is with this same guidance that it is further declared that our mortgage has been incorrectly reported since XXXX, as it was not reported in accordance with XXXX and CFPB interpretive guidance that is to be followed to comply with federal law. The XXXX guidance is not only interpretive for US Bank, it is a contractual mandated guidance per XXXX XXXX. 

The parent page that demonstrates the authenticity and validity as it is hosted on the XXXX web authoritative domain can be found here. 
XXXX XXXX XXXX For post forbearance credit reporting and the only reasonable conclusive investigative response would be based upon ; the guidance is provided here https : XXXX For reporting months during the active forbearance and applicable credit reporting, specifically reporting {$0.00} as the current payment due, as opposed to N/A, can be found here. Also provides the high delinquency amount be based upon only amounts that were 30 days past due in terms of the forebearance, also incorrectly reported on our credit report. 
XXXX XXXX XXXXXXXX The law provides private right of action for failure to reasonably investigate a customer complaint, and the absolute and only reasonable response to the sheer volume and clarity of evidence provided leaves only XXXX possible responses that can either be acknowledgement of inaccurate and false credit reporting ; or willful and malicious intentioned adverse furnishment and the maintenance of adverse credit. 

The actual and reasonably imputed damages increase by the day. It is in the best interest of all parties involved that federal law be followed, legal liability is not limited to damages as it includes compensation for the legal representation of a ( contingency ) lawyer. 

The issues identified in our account are not limited to an isolated incident, US Bank has violated federal law and acted in defiance of contractual mandates of the XXXX XXXX XXXX. I am not interested in making this into a class action nor do I wish to make this into a public relations issue in order to provoke a valid and measurable response from US Bank.