Consumer complaint received 2023-03-01
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Idaho Housing And Finance Association (CT)

I sent a letter to Idaho Housing and Finance Association ( HomeloanServ ) on XXXX XXXX, XXXX as it relates to servicing my loan. HomeloanServ responded per their letter dated XX/XX/XXXX but blatantly refused to provide all the information I requested, including failing to comply with RESPA. I have attached the letter I sent to them dated XX/XX/XXXX with very specific request. I am attaching their one page response dated XX/XX/XXXX that did not address my requests properly. 

HomeLoanServ unlawfully withheld legally mandated pandemic protections, wrongly imposed fees, and reported false information to credit reporting companies. In addition, HomeLoanServ misaplied payments, falsified my Tax return statement by not reflecting all the forborne interest payments that was made in XXXX when I paid off the loan. HomeLoanServ has over collected on the account and refused to acknowledge it hence the refusal to provide the account details I have been requesting for in the past 8 months. Below are the specific requests HomeloanServ refused to address : A. Refused to provide critical loan account information : 1 ) HomeLoanServ refused to provide the amortization schedule which has now been requested 4 times.

2 ) HomeLoanServ refused to provide the sum of total monies received from me as specifically requested in my letter. Only provided a transaction statement that does not provide sum of total monies received from me to date.

3 ) HomeLoanServ refused to provide a written explanation as to why the letter dated XX/XX/XXXX, showed an amount due of {$10000.00} but the deferral agreement shows {$11000.00}. What exactly is the difference and how was that determined? 

4 ) HomeLoanServ refused to provide the monthly breakdown showing, principal, interest and escrow for the amount deferred per the deferral agreement dated XX/XX/XXXX ( Principal + Interest = {$8100.00}, XXXX {$3.00}, XXXX ). I wanted this breakdown by the actual deferred months and asked that you show Principal, Interest and Escrow by month separately. I specifically asked that you do not provide one lump sum which is exactly what you did in your response letter dated XX/XX/XXXX, as I wanted this broken out by month for transparency. Fyi below is what a breakdown should look like. 
Forborne Months Principal Interest Escrow 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Total 5 ) HomeLoanServ refused to address the {$270.00} that is still sitting in suspense and unaccounted for.

6 ) HomeLoanServe refused communicate that they were unable to complete the payment deferral on time and was going to add an additional month. Again, not sure why this was needed since it took over 8 months to process the deferral and I already resumed making payments in XX/XX/XXXX. 

B. Credit Reporting Inaccuracies : 7 ) HomeLoanServ illegally furnished information to consumer reporting companies that my account was delinquent, rather than current, even though the account was current entering forbearance and even though they received a signed covid deferral agreement. HomeLoanServ was informed of the errors on multiple occasions but refused to update the inaccurate credit reporting. 

8 ) HomeLoanServ is still showing inaccurate payment amounts, not reflecting all the payments that were made by me and now showing three months late ( it was two months as of the last complaints I made ). 

9 ) HomeLoanServ also put a " A Temporary Update Freeze on File '' on the credit file. ( See exhibit 1 - Letter received from XXXX related to the recent updates made by HomeLoanServ as of XX/XX/XXXX ). In addition, I would like to see how what is being shown on the credit report tie back to the so-called transaction report HomeLoanServ provided in their response dated XX/XX/XXXX. Clearly not reflecting all the payments made in the following month XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ( Incorrect amount reflected ), XX/XX/XXXX, XX/XX/XXXX, and XXXX. 

10 ) HomeLoanServ refused to provide evidence of specific updates that were made to the credit reports, instead sent me their response to the CFPB which clearly did not address all the issues I raised.

C. Deceptive acts or practices under the Consumer Financial Protection Act in connection with mortgage forbearances 11 ) HomeLoanServ provided contradicting information and failed to address the fact that their letter dated XX/XX/XXXX, stated that the forbearance period is due to expire on your loan within the next 60 days, which means the forbearance credit suppression should not have been removed on XX/XX/XXXX as mentioned in their response later dated XX/XX/XXXX. Why would the credit suppression be removed on XX/XX/XXXX? 

12 ) Based on the tax return statement ( Exhibit 2 HomeLoanServ Annual Tax and Interest Statement ), HomeLoanServ only applied {$7000.00} to the forborne principal and interest and charged me {$8100.00}. This shows HomeLoanServ incorrectly reporting tax information and clearly highlights overpayment made by me on the account. In addition, total interest received in XXXX is incorrect, it should reflect actual interest received considering these amounts were not already reflected in XXXX and XXXX tax return statement. HomeLoanServ have not been able to provide detailed back up for the forborne amount which is also why HomeLoanServ is refusing to provide the amortization schedule. 

13 ) HomeLoanServ charged interest on the forborne escrow amount which is not in compliance with the CARES ACT.

14 ) Lastly, per the CARES ACT, I should not have paid interest on the deferred amount but based on the way you applied all my payments, you have ineffectively applied interest to the deferred amount. 

D. Mortgage Accounting Error 15 ) In addition to above, I have completed my analysis and I have overpaid the mortgage account by {$1000.00} at a minimum. Final amount will be determined once I get the amortization schedule. I want my money back immediately including interest.