Consumer complaint received 2024-03-26
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Payment process
Company: LAKEVIEW LOAN SERVICING, LLC (CA)

On XX/XX/XXXX, we called XXXX, and the agent asked if the current account was under loss mitigation review. She said it looked like we were under review by the State Homeowners Assistance Program. 
We told her we wanted to know how much we needed to keep the loan current. The agent said that it looked like we received a notification from the State that we were approved for the program, but it takes ten business days for the account to update, and at that time, we will know how much is due on the account. So, we ( my wife and I ) asked the agent if we did not have to make payments that day. 
The agent said, No, the State made a payment on your behalf, but it takes ten business days to update. So, by the XXXX, call us, and well be able to tell you whats due to bring the account currently in March. 
So, we asked again if we would have to wait ten days to start paying in XXXX. 
XXXX : Yeah, theyll advise, but right now, the system hasnt updated, so I cant tell you exactly how much well receive, but once it does update, well be able to tell you how much we received, and how much you currently owe because it does look like the State made a payment on your behalf. 
We asked the agent if we did not have a foreclosure sale date, and she said no. So, we wondered why a person came to our house that previous weekend, and she said they came because the account goes 60 days or more, and they came to make sure the property wasnt vacant. 
( The statement isnt false because we didnt owe XX/XX/XXXX because it was paid for the StateCalifornia Mortgage Relief Program and XX/XX/XXXX ; we received the confirmation on XX/XX/XXXX and XX/XX/XXXX, as you can see below ). 
We told the agent that we saw this person in the camera and that he was rude with a tablet after we arrived. He pointed to the camera many times, thinking we could see what was on the tablet, but we could prove that we couldnt see anything because it looked completely white. It was a joke because he looked desperate. But later, we were worried because he came the next day and did the same thing. 
Also, we asked the agent why we didnt receive the application that another agent would be sent the prior Friday by email, and the agent said that we didnt need to send the application and that we allow for the time frame for the account to be ready. 
So, we told again that the last agent said she would email it the same day ( Friday ), but she didnt, and the agent said, Right, but we dont need it. We dont need it because the State paid on your behalf, so we dont need the application. 
Then, we asked her if we wanted to see if there was a chance of trying to lower our monthly payments. She answered that we could apply for mortgage assistance for a modification to change the interest rate and extend our loan, and it would be sent to our mail. 
We told her that the prior Friday, an agent said we had to email some department because the hardship application was blocked. We didnt write a good email. We asked if she could give us the email address again because we put XXXX, and we are unsure if this is the correct email address. So, the agent told us that they would put in a request to send us this application by email, and it comes from XXXX. 
On XX/XX/XXXX, we called XXXX XXXX  XXXX XXXX. The recorder said that we called the XXXX XXXXXXXX XXXX and that we could check the web at lakeviewloanservicing.myloancare.com. Then, when the agent answered, we asked if we had continued in the program as we had been informed on XX/XX/XXXX. The agent said she saw only one payment received for the Homeowners Assistance Funds ( HAF ) in XXXX, which was for {$100.00} ( XX/XX/XXXX ). Then she asked when we applied for the program and how long we got approved, so we answered that that was why we were calling about the call on XX/XX/XXXX, and we told her what the other agent had said to us that we were in the program in XXXX and XX/XX/XXXX, and we need to wait ten days to started to pay the month of XX/XX/XXXX, and we concerned because the calls are not the same the writing that we received of XXXX this year. 
Also, the agent said that she saw that we applied to a program for {$17000.00} from XX/XX/XXXX to XX/XX/XXXX. According to the information provided, the funds will remain applicable until XX/XX/XXXX. During the conversation, the agent was informed about a previous discussion with another agent on XX/XX/XXXX. The current agent inquired about the source of this information, and we said again that it was confirmed and provided by XXXX. So, she rechecked the account, and after 5 minutes, approx. of waiting, she told us that she checked the account, and it had the same information that she had given me before. We insisted on what happened with the conversation on XX/XX/XXXX, and she still repeated the same information she saw in the system, so I asked her if XXXX lied to us. She said she didnt know but was clear about what she saw in the system. So, we told her they must have had the conversation on XX/XX/XXXX and kept this information in the system, so why did they answer the phone, and what about the record-calling phones? ( XXXX says all the time in their voice mail, and support by the agent saying that the call can be monitored or recorded for security reasons, and the agent, in this case, asked how long the verbal authorization would be this day ). The agent changed the conversation again and said she believed the program had to send me a letter when the amount had been approved. They sent precisely to the program how much we owed to XX/XX/XXXX ( XXXX said on XX/XX/XXXX they gave the total amount we owed to XXXX ). However, on XX/XX/XXXX, XXXX sent us the final modification documents for a payment plan. 
We often insisted on the agent explaining what happened with the conversation on XX/XX/XXXX, and she constantly changed the conversation or said that she didnt know. She put us in waiting again to see the application the prior agent sent us for a loan modification. She explained that if we applied for this application, the interest rate would be much higher, but our account would need to wait for four months before we could apply. 
Despite all these lies and frustration, we now know that it was confirmed that we were in the program in XXXX and XX/XX/XXXX ( as the agent said by phone ), but in favor of XXXX, not for us. They hid this information from us in the call on XX/XX/XXXX ( as we describe above ) for the agent of LoanCare to gain time and negotiate with the program, harming both the California Mortgage Relief Program itself and XXXX because even though the program knew that the funds had been applied in another way, not from XX/XX/XXXX to XX/XX/XXXX, but from XX/XX/XXXX to XX/XX/XXXX plus all the fees that XXXX wanted to collect, including now the fees ( paid in XX/XX/XXXX ) for the period from XX/XX/XXXX to XX/XX/XXXX, but without paying the month of XX/XX/XXXX as we mentioned to them for many times. Having paid for the Mortgage Relief Program on XX/XX/XXXX, the {$17000.00} is seen in the XX/XX/XXXX Lakeview account statement on XX/XX/XXXX and with any unapplied amount in the section of Past Payment Breakdown. 
This amount of {$17000.00} was also confirmed in XXXX XXXX response to the Consumer Financial Protection Bureau of XXXX on XX/XX/XXXX for a complaint ID XXXX that we filed on XXXX supported by the California Mortgage Relief Program  with two emails , first on XX/XX/XXXX when the program distributed the funds and confirmed on XX/XX/XXXX. 
This Lakeview account statement shows an amount of {$4300.00} as of XX/XX/XXXX, which is two months because our monthly payment is {$2000.00}. The payment for this statement was due on XX/XX/XXXX, so we owed two months before XX/XX/XXXX, but XXXX denied the application XXXX without the possibility of appeal ( phone call XXXX XX/XX/XXXX at XXXX XXXX ). 
In summary : The state XXXX program said they paid {$17000.00} on XX/XX/XXXX, and the funds would bring our current loan as of XX/XX/XXXX, but this was not true because they didnt pay XX/XX/XXXX. When we made the application XXXX, it was on XX/XX/XXXX, and the amount was different ; we owed {$8600.00}, due in XXXX, XXXX, and XX/XX/XXXX, so that was approximately the amount that we put in this application. The program didnt respond to this application until XX/XX/XXXX, arguing that XXXX did not respond. XXXX says they gave the information to XXXX on XX/XX/XXXX. During this time, we paid monthly {$2100.00}, but according to Lakeviews monthly statement as of date XX/XX/XXXX, we owed {$14000.00} for seven months, plus the amount of XXXX with the new monthly payment of {$2000.00} will be {$16000.00}, with a difference amount of $ XXXX of the funds applied {$17000.00} on XX/XX/XXXX. Lakeview also collected {$210.00} for XXXX XXXX, which they registered on XX/XX/XXXX and applied on XX/XX/XXXX but paid on XX/XX/XXXX ( when XXXX said they received the XXXX funds. 
However, as I repeatedly said, they did not pay for XX/XX/XXXX, even though they confirmed us through their emails. Neither for XX/XX/XXXX, which XXXX confirmed that we were still under the program in the calls from XX/XX/XXXX : We spoke by phone to a XXXX XXXX agent XXXX XXXX who had notes under XXXX XXXX XX/XX/XXXX. 
XXXX says it received {$17000.00} on XX/XX/XXXX in the XX/XX/XXXX monthly statement but from XX/XX/XXXX to XX/XX/XXXX. Also, it answered a letter to the Consumer Financial Protection Bureau ( CFPB ) on XX/XX/XXXX for the same amount. 
The California Mortgage Relief sent another confirmation with a different amount of {$17000.00} on XX/XX/XXXX. 
The State 's XXXX Program rejected our applications multiple times in XX/XX/XXXX. Our last application, XXXX, was submitted on XX/XX/XXXX but was denied on XX/XX/XXXX. We filed an appeal the same day but unfortunately had to cancel it. This was because the XXXX agent who answered our call on XX/XX/XXXX was very rude and informed us that we couldn't appeal because the agent of the XXXX who answered the first call that we made on XX/XX/XXXX rudely told us that we couldnt appeal because we only owed one payment ( that is, XX/XX/XXXX ) before XX/XX/XXXX. Also, she told us that we should owe XX/XX/XXXX and XX/XX/XXXX before XX/XX/XXXX, and that way, they could pay the month of XX/XX/XXXX ( three months that can be paid by the program with that condition ). Although the bank statements say that as of XX/XX/XXXX, we owe two months, when XXXX says that it was paid in XX/XX/XXXX, then in XX/XX/XXXX, we should only owe one month. However, from the transaction activity of XX/XX/XXXX to XX/XX/XXXX of the monthly payment, we owed two months, and even so, our application was denied again, but they did pay XXXX fees corresponding to those two months applied in XX/XX/XXXX for {$100.00}, because no fees and charges in XXXX, just this amount reflect in XXXX. 
The XXXX system, however, does give two alternatives to make an application and have the same results from being eligible to apply even if not missed at least 2 mortgage payments prior to XX/XX/XXXX, as demonstrated below, also in the toolkit XX/XX/XXXX Program Catalog mentioned the California Mortgage Relief Program has recently expanded to allow even more homeowners to apply for assistance, no just homeowners to missing at least 2 mortgages payments OR at least 1 property tax payment prior to XX/XX/XXXX, as the email that we received with the application denied on XX/XX/XXXX. 
Also, they can allow an owner to apply for assistance who took partial claims or loan deferrals during or after XX/XX/XXXX. In addition, Californians who previously received funding through the program may be eligible for additional assistance up to the total of {$80000.00}, where the last two options are our case. This is why both alternatives to determine if the program can help the owners have the same result : " You may be eligible. as you can see in the Web of California Mortgage Relief program both application questionnaires have the same result of an opportunity to be eligible ( as you can see in the details of the documents attached " XXXX XXXX '' ). 
These two companies caused us a lot of frustration since we started the application XXXX on XX/XX/XXXX, XXXX, which was on XX/XX/XXXX Under review Awaiting for servicer information until XX/XX/XXXX because XXXX said that XXXX never answered them and that the application expires on XX/XX/XXXX, but XXXX denied that they received anything from XXXX since we started this application XXXX, and later on XX/XX/XXXX Under review Your loan service has validated the loan information you provided and this application has been updated accordingly. 
Both companies still need to make the established XX/XX/XXXX payment, now the month of XX/XX/XXXX, because we were under the program these two months as XXXX said, and we to continue making normal mortgage payments starting in XX/XX/XXXX. Knowing that the aid period was ended before XX/XX/XXXX, they did not make the payments to have our loan current ; on the contrary, they did irreversible damage by offering payments that they didnt. Also, if needed, approve the application in XX/XX/XXXX. HERA said they have not been great about solving this issue in the past with other clients, and HERA is advocating on the policy level to change this issue. 
We had requested Homeownership Preservation Assistance w/HERA because the Mortgage Relief Program indicated they could not intervene in the funds as XXXX was distributed. California Mortgage Relief Program ensured XXXX had to explain later what did not distribute the funds right to the state, not them. 
On XX/XX/XXXX, XXXX paid XXXX {$100.00} ; on XX/XX/XXXX, XXXX sent us an email with the new amount of funds they paid to have our loan current for XXXX. Also, they continued not covering the amount of XX/XX/XXXX for both companies, even though XXXX knew we had already claimed with the Hera Group a few days before ; the last email with HERA was on XX/XX/XXXX, and the next day, on XX/XX/XXXX we called XXXX. Then, as a miracle happened, we were late in the payments for XXXX and XX/XX/XXXX, but in the weekend of XX/XX/XXXX and XX/XX/XXXX, XXXX sent a person to come to our house to try to notify us ; with too much insistence, he even blew the whistle of his car, the next day he hid the car, etc. but for a surprise for us 2 days later, the next Tuesday XXXX, XXXX, XXXX told us that we were again under the program, but 7 days later XXXX decide to pay XXXX {$100.00} for more fees for the year XXXX. 
On XX/XX/XXXX, XXXX paid XXXX {$100.00}. On XX/XX/XXXX, XXXX sent an email informing us that they had paid XXXX {$17000.00} to bring our loan up to date. However, neither company covered the amount owed for XX/XX/XXXX, even XXXX, though we had already filed a claim with the Hera Group a few days before making this phone call to XXXX. We were late in the XXXX and XX/XX/XXXX payments until this weekend, XX/XX/XXXX and XX/XX/XXXX. XXXX sent a person to our house to try to notify us ; with too much insistence, he even blew the whistle of his car, and the next day, he hid the car, etc. Then, as a miracle happened 2 days later and 1 day before our email to HERA on XX/XX/XXXX, on Tuesday XX/XX/XXXX, XXXX told us that we were again under the program, and we had not paid anything until XX/XX/XXXX, but 7 days later, XXXX decided to pay XXXX {$100.00} for extra fees for the year XXXX as we can see in the monthly statement. On XX/XX/XXXX, we called XXXX XXXX again, and we found out that XXXX backs us in later payments from XXXX, XXXX, and XX/XX/XXXX, but for {$8300.00} with the payment due date on XX/XX/XXXX ( Transaction Activity XX/XX/XXXX to XX/XX/XXXX ), and the agent didnt know anything about the conversation on XX/XX/XXXX. 
In conclusion, we sent the last email from XXXX on XX/XX/XXXX, and the next day, on XX/XX/XXXX, we called XXXX, as we said. Despite this, XXXX and XXXX did not cover the amount owed for XXXX and XX/XX/XXXX, causing us to fall behind on our payments. On the weekend of XX/XX/XXXX and XXXX, XXXX, XXXX sent someone to our house to notify us of the late payments. The person blew the whistle of their car and even hid the car to get our attention ; we think that was to notify the Foreclosure that was effective on the XXXX of XX/XX/XXXX. Two days later, on XX/XX/XXXX, XXXX informed us that we were again under the program. However, seven days later, on XX/XX/XXXX, XXXX decided to pay XXXX {$100.00} for additional fees for the year XXXX. 
To make matters worse, XXXX denied our applications in XX/XX/XXXX, and XXXX continues to change its decisions or lie to us only for their benefit and not ours. On XX/XX/XXXX, we tried to apply again to the program to see if they could assist with the 3 payments we owed with a new application, XXXX. We couldnt complete it because an error was made when we did not set the address of our property correctly, which was not true. We tried and tried, and the error persisted. Days after, we tried again, and finally, we had no more problems with the address of our property. Regarding the last application on XX/XX/XXXX, we tried to complete it again ; we had no more problems with the address of our property. But the next day, it was declined. We called the same day, and the XXXX agent said it was denied because we put the option that our property is a business. We didnt, but we went to the application and entered the correct information : for owned by us, living trusts ''. The same day, we started another application, XXXX. On XX/XX/XXXX, the application was denied. The reason was that the Mortgage Reinstatement Program guidelines require that applicants be delinquent two months before XX/XX/XXXX, or applicants must have a balloon payment from a zero-interest COVID-related second mortgage ( partial claim ) or a deferred loan. 
The damage these two companies did to us caused a lot of stress, frustration, etc. because they did not make the established XX/XX/XXXX payment. They left us under XXXX and the XXXX program, including XX/XX/XXXX, because we were under the program these two months as XXXX said and we to continue making normal mortgage payments starting in XX/XX/XXXX. Knowing that the aid period was ended before XX/XX/XXXX, they did not make the payments to have our loan current ; on the contrary, they did irreversible damage by offering payments that they didnt. HERA said they have not been great about solving this issue in the past with other clients, and HERA is advocating on the policy level to change this issue. 
We had requested help from XXXX because the Mortgage Relief Program had indicated that they could not intervene in the funds as XXXX was distributed, and XXXX later had to explain to the State, not them. 
We started the application on XX/XX/XXXX, and finally, on XX/XX/XXXX, we received an email from XXXX stating that XXXX had confirmed that the funds of the former application XXXX had been applied to our loan as of XX/XX/XXXX that XXXX applied XXXX XX/XX/XXXX. We will receive a follow-up email from the program with the final amount applied to the loan by XXXX.