Consumer complaint received 2024-03-06
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — An existing modification, forbearance plan, short sale, or other loss mitigation relief
Company: LAKEVIEW LOAN SERVICING, LLC (CA)

Dear Consumer, Financial Protection Bureau, I am writing to file a formal complaint against XXXX XXXX XXXX XXXX. This letter outlines a series of events that demonstrate the servicers failure to adhere to guidelines set forth in the CARES Act and changes to FHA policies, guidelines, and requirements. These failures have resulted in significant financial distress for me and put my property at imminent risk of foreclosure. I am seeking a thorough investigation into these matters and an appropriate resolution to prevent further harm and ensure compliance with federal regulations designed to protect consumers XX/XX/XXXX : Following a Presidentially Declared Major Disaster, a3-month forbearance period was announced for affected homeowners. Despite this announcement XXXX XXXX XXXX XXXX did not inform me about the available forbearance relief, contrary to CARES Act requirements for lenders to provide relief options to borrowers during disaster declarations. 
XX/XX/XXXX : I contacted XXXX XXXX XXXX XXXX to notify them that I was in imminent default and to inquire about further forbearance or loss mitigation options, referencing HUD 's updated FHA guidelines. XXXX XXXX XXXX XXXX denied access to disaster-related forbearance due to alleged non-notification by FHA and unawareness of the Mortgagee Letters updates, resulting in the failure to inform me of the new guidelines which could have offered necessary relief, demonstrating a lack of compliance with federal directives to keep servicing staff informed and trained on current loss mitigation options. This action directly contradicts HUD 's guidelines which mandate mortgages to review all borrowers in default or facing imminent default for COVID-19 Recovery Options. Despite the broadened eligibility criteria for COVID-19 forbearance outlined in HUD 's updated guidelines, the lender denied forbearance based on an assertion that we had exhausted our forbearance options in XXXX. This directly contradicts the updated provisions designed to provide relief to borrowers affected by the COVID-19 pandemic XXXX XXXX XXXX XXXX XX/XX/XXXX : Despite the Presidentially Declared Major Disaster XXXX XXXX XXXX XXXX denied knowledge of the disaster-related forbearance due to alleged non-notification by FHA and disregarded directive for lenders to review and provide COVID-19 recovery options to all eligible borrowers, irrespective of previous forbearance history, indicating a systemic failure to adhere to mandated relief programs. Despite my proactive communication with XXXX XXXX XXXX XXXX about being in imminent default and seeking forbearance relief based on HUD 's updated guidelines, the bank proceeded to modify my mortgage to a XXXX term contrary to my stated financial situation. This action disregarded my rights and failed to comply with HUD guidelines that require clear communication and consent for loan modifications. The guidelines require that any loan modification, especially those extending the loan term and altering monthly payments, should be conducted with the borrower 's knowledge and consent, ensuring that relief options are tailored to genuinely assist the borrower 's financial recovery. This situation not only demonstrates a failure to comply with federal guidelines but also a disregard for our financial wellbeing and autonomy in decision-making regarding our mortgage. The unauthorized modification of my loan by XXXX XXXX XXXX XXXX, despite my explicit communication regarding my financial distress and without my consent, exemplifies a significant failure to adhere to the federally mandated guidelines designed to provide relief to homeowners affected by the COVID-19 pandemic. XXXX XXXX XXXX XXXX XXXX actions highlight a systemic issue of non-compliance particularly concerning the review and application of COVID-19 Recovery Options for borrowers in imminent default which lead to an increase in our payment without proper notification or consent, exacerbating our financial distress. 
XX/XX/XXXX : XX/XX/XXXX, I received loan modification documents to sign and return by XX/XX/XXXX, which formalized the modification despite not being 90 Days delinquent on my mortgage payment ( a usual prerequisite for loan modification ) and requesting that the loan not be modified at this time. The lender 's request for the loan modification documents to be signed and notarized within 10 business days does not align with the guidelines, which afford borrowers 30 days to review such documents and an additional 30 days to start payments on the new modification. The lenders reference to foreclosure upon not receiving the signed documents within their stipulated timeframe disregards the mandated review and creates a high-pressure situation that encourages quick decisions without giving us time to fully understand the implications of what we are signing or knowing all available options to us XX/XX/XXXX : I was sent a letter notifying me that the modification had been removed due to failing to return the required documents and funds. I also received notification that a default had occurred under the terms of the note and if funds were not paid to cure the default that my account would be " accelerated '' XXXX XXXX XXXX XXXX XXXX XXXX placed me in an unemployment forbearance program in three-month increments, sidestepping the protections intended by FHA Mortgagee Letter 2023-03 . This guideline clearly states that lenders must review all borrowers in default or facing imminent default for the COVID-19 Recovery Options through XX/XX/XXXX, without disqualifying them based on the duration of their delinquency or their past participation in COVID-19 related forbearance. Contrary to these directives, the lender 's approach to forbearance not only disregarded the updated guideline 's stipulation that forbearance should not be denied based on being more than 12 months behind at the time of approval but also utilized a loophole to manipulate forbearance in strategic increments that were more favorable to XXXX XXXX XXXX XXXX denying the long-term assistance by exploiting procedural nuances at our expense during this unprecedented time. XXXX XXXX XXXX XXXX actions are particularly concerning given that, despite being in imminent default over several months, the guidelines affirm that borrowers like myself should still be considered for comprehensive relief measures. Specifically, FHA Letter 2023-03 mandates that borrowers 90 or more days delinquent at the time the permanent loss mitigation documents are executed, or those meeting the criteria for imminent default, must be evaluated for COVID-19 Recovery Options. This includes borrowers who have previously utilized HAF funds for mortgage reinstatement but attest to their inability to resume monthly payments. XXXX XXXX XXXX XXXX XXXX practices not only undermine the FHA 's intentions to provide necessary relief to borrowers impacted by National Disasters but also compromise the financial security of everyone who is facing challenging circumstances. 
XX/XX/XXXX : Following the termination of my forbearance period, XXXX XXXX XXXX XXXX requested updated financial information from my spouse, citing a lack of updates since XXXX. The services failed to engage in proactive and ongoing communication with us to reassess our eligibility for loss mitigation options that are required under the CARES Act. This request underscores a critical oversight in the bank 's approach to borrower engagement and loss mitigation efforts. The CARES Act does not stipulate the requirement for borrowers to re-qualify for assistance or to provide updated financial documentation to be considered for loss mitigation options. The Act 's provisions are designed to ensure that borrowers impacted by COVID-19 and or PDMDA have access to relief measures without the precondition of submitting new financial information. XXXX XXXX XXXX XXXX XXXX request not only deviates from this principle but also indicates a broader issue of compliance with the act 's intent to facilitate accessible and efficient relief for borrowers during unprecedented times. This is a significant gap in the bank 's procedures for communicating with borrowers and reassessing their needs for support in alignment with federal regulations designed to protect homeowners during the pandemic and PDMDA 's. 
XX/XX/XXXX : I was informed by a representative from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX team that foreclosure actions were being initiated on my property, despite my active forbearance period. I notified the representative of the proactive steps that I had applied for the Homeowner 's Assistance Fund ( HAF ) to assist me in meeting my past due mortgage obligation, but the representative stated that the bank plans to proceed with foreclosure regardless of my application to the assistance fund. In search of clarification and a resolution, I asked to speak with a supervisor. Unfortunately, the account information provided by the supervisor was inaccurate, stating my account was delinquent with the last payment recorded in XX/XX/XXXX, including two split payments. When I attempted to correct this with the accurate payment dates, it was clear the bank lacked an efficient system for promptly verifying such details. I corrected her, stating my last payment was in XX/XX/XXXX, not XXXX. The supervisor directed me to the customer service department, rather than addressing the inaccurate account information used to justify the foreclosure. To address these discrepancies and avoid further miscommunication, I directly contacted my designated XXXX XXXX XXXX XXXXXXXX, XXXX XXXX. However, instead of receiving a response from XXXX XXXX, I was contacted two weeks later by XXXX XXXX, who introduced herself as XXXX XXXXXXXX XXXX assistant. Despite my continuous attempts to engage with XXXX XXXX XXXX XXXX XXXX representatives and seek a resolution through appropriate channels, the bank chose an unconventional approach and sent a representative to our home who approached my son outside our residence, instructing him to relay a message for us to contact the bank. Sending a representative in such an invasive manner, especially after our multiple attempts to resolve the issue, represents not only an invasion of privacy but also amplifies the stress and anxiety linked to the looming threat of foreclosure by XXXX XXXX XXXX XXXX 

We have made proactive attempts to engage with XXXX XXXX XXXX XXXX to resolve inaccuracies in our account and have clearly communicated our intention and efforts to comply with our mortgage obligations. Despite these efforts, XXXX XXXX XXXX XXXX has proceeded with refering our accout to an attorney for foreclosure, showing apparent indifference to the challenges we have faced and the proactive steps we have taken to maintain the home during a Presidentially Declared Major Disaster showing a complete disregard for the federal guidelines and assistance programs that are designed to offer additional protections and support to homeowners facing financial hardships to ensure housing stability XXXX XXXX XXXX XXXX continued to mismanagement of the mortgage assistance programs that are intended to aid financially distressed homeowners has compromised our ability to recover from financial setbacks and maintain housing stability by obstructing the recovery process for individuals in dire need by undermining the purpose of these assistance programs to ensure homeowners can retain their properties during a time of crises. 

These measures are meant to offer a safety net for a broad spectrum of borrowers that are recovering from the impact of the pandemic and other economic challenges. The ineffective implementation of these measures by XXXX XXXX XXXX XXXX  and the barriers that they have created for us when we sought assistance have directly undermines the purpose of HUD 's programs and has herded us like cattle into an outcomes that will ultimately favor Lakeview Loan Services and the servicer of our loan XXXX XXXX XXXX XXXX I request that the CFPB thoroughly investigate these violations by Lakeview Loan Services and XXXX XXXX XXXX XXXX. I believe that our experiences highlights systemic issues within XXXX XXXX XXXX XXXX XXXX management of mortgage assistance programs during an unprecedented global pandemic and national disasters, necessitating immediate and decisive action to protect not only my rights but those of other affected borrowers