Consumer complaint received 2022-06-04
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: MUTUAL OF OMAHA MORTGAGE, LLC (IL)

I refinanced my XXXX mortgage with Mutual of Omaha on XX/XX/XXXX. Only 30 days after closing, Mutual of Omaha transferred the loan to XXXX XXXX  to be serviced by XXXX XXXX XXXX. Please note that I know loans are frequently sold, but the mortgage broker for Mutual of Omaha told me that Mutual of Omaha rarely sells the loans. My wife and I did not open or read the letter that Mutual of Omaha sent, dated XX/XX/XXXX, providing notice of transfer of the loan. It looked like junk mail to us. That letter stated that effective XX/XX/XXXX, XXXX XXXX XXXX would be the new servicer, and we should make payments to them. 

We continued to make payments to Mutual of Omaha, We paid XXXX, XXXX, and XX/XX/XXXX on time to Mutual of Omaha. Early in XXXX, XXXX XXXX XXXX changed its name to XXXX XXXX XXXX. We began receiving letters by certified mail from XXXX XXXX XXXX in late XXXX. At first, I thought my title had been stolen due to the commercials on television and radio from XXXX XXXX XXXX suggesting that this could happen. I researched XXXX XXXX XXXX 's claims. I worked with XXXX, and I did not see anything reported to the credit agencies regarding a debt I held with XXXX XXXX XXXX Finally, we after speaking with XXXX XXXX XXXX and finding the Mutual of Omaha notice letter, we realized the issue. This was later XXXX XX/XX/XXXX. 

We contacted Mutual of Omaha by phone in early XXXX. Mutual of Omaha told us on that call that they could reverse the 3rd payment we made for XXXX because it had only been a couple of days since they received it. They did that on the phone, and we received the reversal, which appears on our bank statements as " XX/XX/XXXX. '' Mutual of Omaha also told us on that call that our XXXX payment was forwarded to our new loan service at their XXXX XXXX Utah location. Mutual of Omaha provided us a tracking number and the name of a person who accepted and signed for the delivery, Mutual of Omaha told us on the same call that they see the XXXX payment, but the representative could not confirm its whereabouts, and she initiated an investigation. 

We provided all of this information to XXXX XXXX XXXX by phone, email, and letter, all from early to mid XXXX. XXXX XXXX XXXX also reported a delinquency to the credit agencies, and my credit score declined by over XXXX points in XXXX. XXXX XXXX XXXX has since reversed this report, but it took 60 days to correct it. 

At this point, we had both Mutual of Omaha and XXXX XXXX XXXX investigating my claims. In a letter dated XX/XX/XXXX, Mutual of Omaha wrote to us that they concluded their investigation. With respect to the XXXX payment, they indicated that they forwarded the payment to our new loan servicer in XXXX XXXX Utah and indicated that the servicer was XXXX XXXX  XXXX, which is the wrong loan servicing company. It appears that they confused XXXX XXXX  '' with " XXXX XXXX XXXX. '' Thus, the proper transferee of the loan never received the forwarded payment, and this error has not been addressed to date. I responded to Mutual of Omaha 's XX/XX/XXXX letter with a letter dated XX/XX/XXXX, informing them of their error. 

With respect to the XX/XX/XXXX, Mutual of Omaha stated that any payments received after XX/XX/XXXX would have been returned to us because they would have been received " after the 60 day holding period. '' However our records indicate that Mutual of Omaha received our XXXX payment on XX/XX/XXXX. Moreover, XX/XX/XXXX would have been only the XXXX day following the effective date of the transfer, and their claim was incorrect for two reasons, the date of receipt and the misstatement of the 60 days. More importantly, I never received the return of this payment. We spoke with our bank in person at a local branch, and our bank statements confirm that the payment was never reversed electronically as Mutual of Omaha said. 

When we paid our XXXX payment to XXXX XXXX servicing, they applied the XXXX payment to the amount they showed due for XXXX. They then applied my XXXX payment to XXXX. They then showed me as being late for the months of XXXX and XXXX, even though I paid all months from XXXX - XXXX on time and Mutual of Omaha still has my XXXX and XXXX payments. XXXX XXXX XXXX 's process has the effect of terminating the protection afforded to me under federal regulations for the payments I made on time during the first 60 days of the mortgage. XXXX XXXX XXXX  then sold my loan to XXXX XXXX, effective XX/XX/XXXX, and XXXX XXXX has claimed that we are late and delinquent for the months of XXXX and XXXX, asserting that we are 47 days late. Because XXXX XXXX XXXX recorded my XXXX and XXXX payments as applying to XXXX and XXXX, I can not show XXXX XXXX that I made the XXXX and XXXX payments, and they will consider me late. However, again, I made all payments on time. Moreover, I have still not heard from XXXX XXXX XXXX regarding their findings in researching the whereabouts of my payments. I received one letter from them where they simply said, " Mutual of Omaha reported that they forwarded the payment to our XXXX XXXX Utah location, but we do not have a XXXX XXXX Utah location. '' That is it - XXXX XXXX XXXX is hold me responsible for Mutual of Omaha 's mistake.