Consumer complaint received 2024-03-18
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: AMERICAN PORTIFOLIO MORTGAGE (TX)

Complaint regarding : American Portfolio American Portfolio Mortgage Corporation Company XXXX # : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX I am writing you to file a complaint against American Portfolio XXXX XXXX XXXX 

My Home Loan was sold in full ( within 21 days after closing ) to XXXX XXXX XXXX for {$380000.00} on XX/XX/XXXX. I received no information from American Portfolio the loan was being sold to XXXX XXXX XXXX in a timely manner. It caught me off-guard, I felt blindsided. 

I am seeking resolution on the amount American Portfolio is claiming I owe. I have asked American Portfolio for the transaction that was done with XXXX. But they have not given me any documentation. The email below, they feel they are not obligated, we are in no way obligated to provide this documentation. After all, I am the one paying for this. I have the right to ask how the loan was sold. This is very upsetting to me, I am stressed, this is putting a hardship on my finances. I am asking you to help me find a resolution. 

The following information is in chronological order. 


XX/XX/XXXX closed on my home for {$380000.00} for property at : XXXX XXXX XXXX, XXXX, XXXX XXXX 



XX/XX/XXXX email to XXXX XXXX morning XXXX, Ive been getting a lot of fraudulent emails and calls. I received the email below. 
Is this legitimate? If not, Can you tell me whats going on? 

XXXX XXXX XXXX XX/XX/XXXX, XXXX to me That is correct and yea you will get a lot of stuff and most is fake. 

XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX, XXXX XXXX XXXX As I mentioned in my previous email. Im deployed and dont have access to emails until the evening. Im not home this week and Im in a different time zone than you. XX/XX/XXXX we communicated about the payment due in XX/XX/XXXX ( email is in this chain ). On this day you didnt mention or gave me any notice that American portfolio Mortgage had sold my loan to XXXX XXXX XXXX. 

I was getting phone calls from XXXX XXXX XXXX, and I was reluctant to answer any phone calls from them because I didnt know who they were. I finally answered and spoke with one of their representatives. I told them I didnt know who they were, that I needed to verify the information. Because I was very suspicious of their claim since I had no prior notification in writing or email or text from you or American Portfolio Mortgage. No one from American Portfolio nor you communicated that the loan was sold. 

XX/XX/XXXX. I proceeded to send you an email asking you about XXXX XXXX XXXX. I asked you if this company was telling me the truth. You indicated that XXXX XXXX XXXX was my lender. I found it upsetting because we just closed on XX/XX/XXXX, it had not been 30 days since we closed, and the loan was sold without me knowing about it. Or any paperwork on this transaction. 
Later I learned that the full loan of {$380000.00} was sold to XXXX XXXX XXXX on XX/XX/XXXX. 

The spreadsheet below was when American portfolio had the loan. But the loan was sold on XX/XX/XXXX, for {$380000.00} the full amount of the loan sold to XXXX XXXX XXXX. 

As of today, I do not owe anything to American Portfolio Mortgage. 


XXXX XXXX XXXXXXXX XXXX XXXXXX/XX/XXXX, XXXX XXXX XXXX I was blind sided and never received any notification of the loan being sold nor I received any documents of the loan transaction that took place in less than XXXX days after closing. 

You have put me in a very stressful financial situation. And now, I am stressed and worry this will affect my credit due to the negligence of American Portfolio. 
Please provide me with the loan transaction documentation to XXXX XXXX XXXX and the transfer documents from American Portfolio.

As indicated in previous emails, I can only answer you at night due to my busy schedule. 

Thank you. 
XXXX XXXX XXXX. Let it be on the record the letter you attached dated XX/XX/XXXX was never sent to me until you emailed to me XX/XX/XXXX. My assumption is that you are referring to our letter dated XX/XX/XXXX not XX/XX/XXXX because I am unaware of a letter dated XX/XX/XXXX. This transfer notice was mailed to the mailing address on file to notify you of the servicing transfer of your loan. It is the responsibility of the borrower to ensure that the mailing address on file is updated and correct and we are not responsible for delivery by XXXX nor are we responsible for whether or not a borrower opens their mail. This was issued as was required in a timely manner. 

Me : XXXX never brought this letter to my attention until XXXX XXXX XXXX. XXXX XXXX failed to give me notification in timely manner of the transfer before the sale of the loan. Its my right to be notified before is sold. As stated in the first numbered item, this notice was absolutely given in a timely manner or a transfer effective with a XX/XX/XXXX payment. 

Me : The loan was sold XX/XX/XXXX. 

XXXX. Because you didnt notify me in a timely manner and not communicating clearly. Created confusion, miscommunication, hardship, financial stress. Again, our office provided adequate notification. We also sent a billing statement for the amount due to our office for the XX/XX/XXXX payment dated XX/XX/XXXX. We also sent you emails advising of the outstanding amount due to our office on XX/XX/XXXX and XX/XX/XXXX in which it is clarified that your XX/XX/XXXX payment was due to XXXX and your XX/XX/XXXX payment is due to XXXX XXXX Mortgage. These emails were sent to the same address that you have been in communication with XXXX from and all but the last email dated XX/XX/XXXX were sent prior to you paying XXXX XXXX Mortgage on XX/XX/XXXX. Additionally, the contract that you signed at closing specifically states that your first monthly payment was due XX/XX/XXXX, not XX/XX/XXXX so having to make a payment due on XX/XX/XXXX is in no way a surprise or a miscommunication. The loan transfer and any confusion associated does not absolve you of your contractual obligation ; however, we are more than willing to work with you. 

Me : All this caught me off guard. My understanding from XXXX XXXX XXXX that the entire amount of the XXXX was sold to them. 

XXXX. I want you to know, I am anxious, nervous, extremely stress and I am sick. I do apologize that this matter is causing you stress. As I mentioned in my email dated XX/XX/XXXX and my response to the previous numbered item, we are willing to work with you. Because you made a payment to Planet Home in XXXX that was applied to your XX/XX/XXXX payment and you are now showing due for XXXX with XXXX, you can make a payment to XXXX in XXXX and be cleared with us and still be due for XXXX with XXXX XXXX Mortgage. 

Me : The entire loan was sold XXXX XXXX to XXXX XXXX XXXX. When I contacted them, they indicated the first payment was due XX/XX/XXXX. Which I paid. 

XXXX. Provide the original transaction documents of the loan from XXXX XXXX to XXXX. I am not sure as to what you are referring, but if you are requesting business transaction details, we are in no way obligated to provide this documentation. XXXX has provided more than adequate documentation to prove that your first monthly payment was due XX/XX/XXXX to XXXX, you were provided with adequate notice of the service transfer and that you were notified by our office several times in an attempt to collect this outstanding payment spanning weeks of time, and your account with XXXX clearly shows that their first payment with them was the XX/XX/XXXX payment based both on due dates listed and the XXXX listed that is in accordance with the Amortization Schedule you signed at closing. Both XXXX and now I have provided you with more than enough documentation and explanation to prove that you failed to make your XX/XX/XXXX payment that was always due according to the contract you signed. This payment can be remitted by mail as detailed in the billing statement that you have now been sent multiple times. Failure to remit this payment may result in adverse action being taken. At this time, we are trying to work with you. 

Me : Again, this is the confusion by not giving me proper notification.