Consumer complaint received 2020-07-29
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — 
Company: Caliber Home Loans, Inc. (VA)

Attached as Item A My wife and I refinanced our mortgage with the same lender ( Caliber Home Loans ) on XX/XX/2020. Now Caliber is saying that the closing disclosure that they signed at settlement was incorrect. We had an automated payment ( {$2600.00} ) to the old loan that was taken out before we could shut-off the auto-debit. The lender is saying that they will not return the amount because it was used to cover a mistake they made on the closing disclosures. ( See email attached as Item I, eye ) Further, I have received seven different explanations as to what would/did happen as a result of the overpayment and/or closing errors. Five of those explanations are in writing and attached to this complaint. A summary is also bulleted below. I was told on XX/XX/2020, the issue has been taken up by the company 's " customer resolution team ( Item B ). Im not sure what that means but whatever they come back with will be the eighth explanation Ive received. I have lost trust that I can believe whatever they come back with. 

- We closed on our refinance on XX/XX/2020. An auto-payment on the old loan was initiated from our bank account the same day. Caliber received our payment on XX/XX/XXXX. 

- On XX/XX/XXXX, I received an email that the overpayment would be sent back within 21 days ( Item C ) - In late XXXX, I made a phone call to customer service about the overpayment. I was told verbally the overpayment would be reimbursed within a few days along with another $ XXXX-or-so dollars leftover from escrow. 

- On XX/XX/XXXX, I received an email saying I was only receiving {$260.00} with no mention of an overpayment ( Item D ). 

- On about XX/XX/XXXX, I called customer service again. They now said they had no record of an overpayment or left-over escrow, and no reimbursement would be sent. 

- On XX/XX/XXXX, I was told a check for {$4000.00} was mailed to me on XX/XX/XXXX. This is the most confusing explanation I received. XX/XX/XXXX was before we closed on the refi ( XX/XX/XXXX ). And the amount was significantly more than the overpayment. ( Item E ) -  On XX/XX/XXXX, I was told there was actually never a check sent. Further, I was told that the overpayment was applied to the old loan on XX/XX/XXXX, six days after closing. I was provided a payoff history document which indicates this ( Item H ). This was my first indication there could be something wrong with the closing docs. ( Items F & G ) - On XX/XX/XXXX, I was told there was an error made at closing on the payoff amount. The XX/XX/XXXX email ( Item I, eye ) included three attachments ( J, K & L ) that outlined where the errors were made. Items J & K are documents from closing. Item L is a payoff history document, which according to Caliber, includes the correct payoff amount. I dont recall seeing Item L before XX/XX/XXXX. It was not in my closing documents. Im not saying I did not get it at some point, just that it was not provided at closing and I dont recall receiving it. I would not have gotten this explanation without a lot of pushing. I had to consistently push on several layers of bureaucracy to get this acknowledgment. 

- On XX/XX/XXXX, I engaged with a HUD-approved housing counselor, XXXX in XXXX Virginia. They did a review of our documents and consulted an attorney on our behalf. They think its likely the lender violated RESPA by not formally disclosing the error. They recommended contacting the CFPB with this complaint.