Consumer complaint received 2023-07-16
Product: Mortgage — VA mortgage
Issue: Struggling to pay mortgage — 
Company: United Shore Financial Services, LLC (CA)

We were due to end our covid forbearance in XXXX. XX/XX/XXXX was supposed to be our first payment. 
I was contacted by UWM in XXXX and told my option was to apply for the loan modification and see what options I qualify for. I said I did not want do a loan modification, I wanted one of the options that the VA offers without having to do a standard or XXXX. I wanted to be evaluated for the disaster modifications and the VA covid 19- refund mod. the lady clearly knew nothing about any of this and said the only way to know what is available was to apply for loss mitigation. They confuse their borrowers stating that its to see what options are available under the guise of this is the only way. 
I applied XX/XX/XXXX. Knowing it would be denied. And that this was going to be a waste of quite literally only my time because they do not care, and this seems like a predatory tactic they have taken on in the wake of covid forbearances. They lock you out of your account even though I stated I could now continue making my monthly payment. KNOWING that this will just keep accruing past due balances that literally are just Impossible to ever pay in a lump sum. 

Things were going smoothly until all of a sudden documents were missing. I was called about needing a luxury bill so I uploaded them, then I was called almost immediately stating that I uploaded the wrong ones and to upload some kind of bank statement or credit card bill. I did that and then never heard anything again so I figured that sufficed, but of course you can not stop at that, you have to keep in contact. 
I called weekly. Because my account was not going to underwriting and the documents were not being accepted. It took a customer service agent who was equally confused as to why my documents were not being accepted and just sitting in document purgatory for a month. She escalated that, and after her trying for over an hour, found out that there WAS a missing document. They wanted two different proofs of a luxury bill for me but only one for my husband but I was told one would suffice for both. There was no notification, in fact the only notification I did get was that as of XX/XX/XXXX they had everything they needed. 
I will attach the documents that show all of this. 
When I would call, the automated system would say that they were missing documents during this time but the reps would tell me to ignore that because it was not usually up to date. Which is wild. They would check into my account and tell me that everything was just fine, they were just waiting on the underwriters to accept documents. 
The last notification I received about missing documents FROM UWM was XX/XX/XXXX. XX/XX/XXXX I received a letter stating that they had all documents necessary and never received a missing docs request again. 
You can see the next few internal mod letters, these were letters stating they had everything they needed, AFTER me inquiring weekly sometimes daily, about why this process was stalled. 
Finally once these documents were accepted, which also still took multiple phone calls to have it escalated because again it had been a month and a half at this point. 
XXXX rolls around and sure enough I get a loan modification denial in my online portal. 

I sent a complaint on the XXXX  and got a phone call on XX/XX/XXXX from an account resolution specialist at UWM. He was VERY helpful in that phone call, he fixed a few things on my account and submitted it to be reviewed for the VA disaster and VA disaster extend modifications. He put me back into some type of forbearance ( that only showed up on my account for 24 hours ), while I wait for this to be processed. I was so thankful and so happy. 
Then I noticed I started getting multiple statement notifications from UWM. I logged in the next day to find that my account was off forbearance and stating that the past due amount of XXXX $ was due and there was no pop-up anymore saying that your post pandemic forbearance solution is being processed. My dedicated loan specialist was also changed to someone new. When I call the automated system said they are waiting on my loss mitigation application which is nothing I ever want to do again. So I called the manager back and spoke with someone in his department, he was suppose to call me back that day, Wednesday the XXXX and did not. I figured its just the system doing weird automated things since my modification had just been denied a few days before. Thursday my account went back to what he had done. I then get 2 statements in the same day on Friday morning the XXXX. XXXX dated XX/XX/XXXX stating that they had everything they needed from me to evaluate my post covid forbearance solutions. The next one was dated for XX/XX/XXXX which is today, the day I am writing this, I find it odd that its dated in advance? Stating that I needed to fill out the loss mitigation application by XX/XX/XXXX. 
XXXX. This may be just a system error I understand that. But I would have appreciated if someone would have just simply told me that so I didnt have to go on this spiral. The lady I spoke with on the phone Friday told me she had to have him call me back, he said he would in about an hour and never did. 
XXXX. If this is not a system error, I know that via the VA servicer handbook XXXX XXXX. XXXX Loss Mitigation, states for the Disaster extend Modification, Evaluation of Borrower - Servicer evaluation of the borrowers financial information is NOT required for a disaster modification. So why would I ever need to send an application in again? It also states in multiple other circulars that the borrower does NOT need to submit a loss mitigation application for these modifications. Which to circle back around to one of my first few statements, is WHY I never wanted to waste my time with one in the first place. Because it has now caused more hardship than necessary. 

At this point I deny any type of alternative other than a disaster extend modification or deferment of the past due balance to the end of the loan. This has caused me and my family so much hardship and turmoil. I have spent the last 3 months begging a mortgage company to let me make payments. I am a wife to a 100 % p & t XXXX veteran, I have XXXX XXXX, I work, attend XXXX XXXX, and I simply do not have the wherewithal to continue this without help or legal action at this point. 
I need a solution. Like yesterday. 
I told them numerous times I was able to continue making my current mortgage payment and I didnt need a loan modification. It asks in the loan modification application, can you resume making your normal monthly payments I answered yes. I dont need a lower monthly payment. I just could not/ and even more so can not pay the arrears in a lump sum since they have now added 3 more months to my arrearages. 

According to the XXXX  XXXX XXXX, home retention waterfall, which I was still with in this time frame when I started the post forbearance process. States that if the borrower indicated they could resume making normal monthly payments the servicer is to then offer the disaster extend modification or deferment. This clearly was not done nor offered. 

I will refer this servicer once again to the VA servicer handbook XXXX XXXX XXXX XXXX Sections D and E. I wont copy and paste it, but the summary of that is, the VA Servicer is to consider ALL home retention options that allow the veteran to RETAIN their home. Attached will be my modification rejection. No where does it say I was considered for the Disaster or disaster extend modification or deferment. It then states the VA does not require this review if the borrower is, unable or unwilling to retain their home. I am 100 % able and willing to retain my home but this servicer is making it impossible to be considered for the retention options I believe I am required to be considered for. 

I will however paste this from the servicer handbook, The servicer should not require a substantial sum from a delinquent borrower unless there is ample justification. It is inadvisable to encourage a delinquent borrower to obtain funds from another means for a payment to cure the default on the loan. The additional burden of installment payments on such a loan is likely to worsen the already difficult financial position, and increase the possibility of future default on the mortgage. 
If we are unable to get what I believe, to be certainly doable modifications, I will have no choice BUT to seek a personal loan. In the event that United Wholesale Mortgage can not figure out the proper way to treat my family who suffered at the hands of covid in a way I wish upon no one, I will have no other choice but to get a personal loan to pay off this covid-19 forbearance amount. Which in my opinion, them stating that a lump sum or foreclosure are the only options, is a great way of telling someone that will do everything to keep their home, that they need to go find XXXX $ somewhere. I can not see their ample justification for a lump sum sufficing when they again, never considered for me all loss mitigation options. 
I will also at that point 100 % be seeking legal action, due to the obscene amount of emotional distress and financial damages this will and has caused my family. 

I am not trying to slam the manager at UWM who HAS been helpful, I understand he cant contact me on a whim and whenever I demand. He truly was so helpful when i talked with him, BUT I am trying to escalate this before XX/XX/XXXX comes around, and yet another past due amount will tack on to my account. Since clearly whatever their system is doing, is NOT working. This is completely unacceptable that I have been trying to make this right since XXXX. These servicers are not being held accountable. 

The following is to make clear and have in writing, so that other people can see. Because it was very hard for me to find this information and I want it to be known. 

United Wholesale Mortgage is owned by XXXX XXXX, operating as XXXX XXXX. The Manager that I have been speaking with is with XXXX XXXX. I want to make it clear that I have done ample research about how XXXX XXXX XXXX have handled government backed loans post covid forbearance. According to an XXXX report done by the Office of Inspector General , RECENTLY posted on XX/XX/XXXX, We selected XXXX after completing a risk assessment in XXXX that identified a significant volume of delinquent loans with prior XXXX forbearance in its portfolio and based on our awareness of complaints made about XXXX to the Consumer Financial Protection Bureau and the HUD OIG hotline . While this audit was specifically for FHA borrowers, I am sure if they were to include all Government backed loans it would be an absolute blow out of mishandled post covid forbearance loss mitigation cases. 
Nearly half of the borrowers did not receive the correct loss mitigation assistance. 
More than one-third of the borrowers in our sample projection received the correct loss mitigation option ; however, XXXX did not correctly follow XXXX loss mitigation guidance for these borrowers. 

To conclude, I want to just be very clear that I am thankful to the manager who helped me, but I need further escalation at this point. It should not need to take another 30 days to see if I qualify for the Disaster extend modification, I do qualify based on all the circulars and VA handbook guidelines. I can tell you myself, I qualify. Which is why I told them I know I wouldnt qualify for a standard modification. 
I also want to be sure that there will NOT be any negative reporting to my credit. 

I appreciate the ability to have a space to bring these concerns to, I hope my situation can be remedied. 

Thank you.