Consumer complaint received 2024-03-07
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: ALLY FINANCIAL INC. (TX)

Date : XXXX To : Ally Bank/XXXX XXXX XXXX XXXX XXXX XXXX NJ XXXX In response to your letter dated XXXX from XXXX, Executive Customer Relations, this letter contains subterfuge, false representation, and errors to foreclose on the loan modification approved, signed and filed in court by Ally/XXXX  XXXX. The loan modification documents were not altered. The loan modification was corrected to the verbal agreement that the investor of the loan, XXXX, approved on XXXX, confirmed by Ally, XXXX, Employee ID # XXXX. This verbal agreement was confirmed on several occasions in XXXX, XXXX, XXXX and XXXX. The agreement was to continue current monthly payment of {$490.00} until the loan was paid off. The corrected loan modification was not denied but reviewed by Ally/XXXX  Attorney, signed by Ally/XXXX  executives , confirmed by mail by both Ally/XXXX, and filed with the State of Texas, XXXX XXXX, USA for more than a 30 day after my signature and Ally/XXXX  receipt of the loan modification .

The consumer mortgage loan for my home that is involved in a balloon mortgage, originated XX/XX/XXXX. After negotiation and agreement during the XXXX pandemic, I was told the loan was extended and agreed to continue making regular payments until paid off starting XX/XX/XXXX. I confirmed the agreement of XXXX to make payments until the loan was paid off was still in place, and the bank told me to ignore a 60-day notice of the balloon being wholly due on XXXX. Therefore, we have a verbal and written agreement since XX/XX/XXXX to continue making payments until the loan is paid off which I have honored. 

Currently now, Ally bank is falsely stating my loan is behind payment after receiving from XX/XX/XXXX payments on time. This should have been applied as per verbal and loan modification agreement between Ally, myself, and the Investor owner of the loan. A current customer service recording of the status of this loan is not asking for a balloon payment. But, the recording is requesting payments which were received, and cashed by Ally. This is subterfuge. 
In regard to the illegal recent reversal of payments, since XXXX, Ally/XXXX  accepted and applied monthly payments per agreement to this loan. Therefore, reversing some payments received in XXXX is subterfuge and incredulous. Also, there is obvious precedent acquiesces by Ally/XXXX as payments per agreement was received for a full 24 months after the loan balloon date XX/XX/XXXX. 

On XXXX a loan modification was recorded that I was told would extend the loan bring all payments current. After conversations in early XXXX and XX/XX/XXXX, with XXXX XXXX, XXXX XXXX, Ally Bank Customer Service, the modification was confirmed and payments were applied to the loan. But, then a reversal was done, and false reporting of pass due amounts were falsely reported on my credit report on XXXX after full payment of Ally demand letter amount of {$2900.00} due XXXX. There are so many false representations, and inconsistencies by Ally bank that I am confident this was done in subterfuge to take my home and ruin my credit. 

The false credit reporting has done harm to my personal life and business. On XXXX statement the unapplied funds totaling {$2400.00} were finally applied to the loan per the loan modification agreement. Also {$980.00} ( 2 payments ) was incorrectly misapplied to escrow, I do not escrow, that has not been applied to the loan per the loan modification agreement. The XXXX payment was received and applied to the account and an incorrect late fee was removed ( confirmation of loan modification and paid as agreed ). On XX/XX/XXXX I was told that the request to reconcile had been approved and I was stated the amount owed of {$2900.00} ( 6 payments ) was still owed but did not reflect the {$980.00} misapplied to escrow. On XX/XX/XXXX Ally Bank stated I would have to pay {$2900.00}. I paid this amount in full before the due date required by Ally/XXXX. However, today by subterfuge against the recorded loan modification, bank statements, and letter stating I have until XXXX to pay {$2900.00}, I was told the loan has matured and I owe the balance of the loan. This is subterfuge and false. Therefore, per loan modification agreement, bank statement and letter, submitted payment of {$2900.00}, and with the XXXX monthly payment, this brings the loan current. Because of errors by AllyXXXX, I request that all illegal negative credit reporting be removed for my credit report. 

The Ally letter dated XXXX falsely states that Ally Bank Customer relations contacted me but was unable to reach me. I answered all calls from Ally Bank. Ally Bank has called, did not respond on the other end, and the phone call was terminated by Ally Bank. As proof that I have been in contact with Ally Bank and answered calls, I have been in communication with Ally Bank loss mitigation department numerous times this year submitting documents as per legal advice to allow Ally Bank to correct the subterfuge, misrepresentations, and errors. Because of Ally Banks subterfuge, misrepresentations, and errors, an Ally representative early on was told to talk with an attorney I was solicited to represent me.

I have paid my mortgage on time and made added extra principle amounts to the mortgage payment to reduce principle balance for over 17 years. I am currently making payments on time each month to allow facilitation to allow Ally/XXXX not to continue its mismanagement, false representations, and subterfuge to have this loan due and ruin my credit.

Therefore, any new loan modification will have {$0.00} past due amounts, monthly payments of {$490.00} or less for no more than XXXX  years ( original loan amortized XXXX  years, XXXX  years remain ), and immediate removal and reversal of all negative credit reporting by AllyXXXX. 

Thank you for your consideration of the facts and aforementioned corrections.