Consumer complaint received 2020-08-13
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — 
Company: LAKEVIEW LOAN SERVICING, LLC (LA)

XX/XX/XXXX We originally got our loan through XXXX XXXX. In XXXX of XXXX we fell behind. We tried to apply for loss mitigation and other efforts to no avail. Eventually, we filed a bankruptcy on XX/XX/XXXX. It was confirmed on XX/XX/XXXX. 

We made all of our direct payments and trustee payments on time. We started sending payments in XX/XX/XXXX. That payment was rejected by as well as XXXX, XXXX and XX/XX/XXXX by XXXX XXXX. They did not accept the first payment until XXXX of XXXX. 

XX/XX/XXXX XXXX transferred our mortgage to XXXX XXXX in XXXX of XXXX. When our loan was transferred all of the trustee payments had already been made by and we were current. 

XX/XX/XXXX When the Notice of Final Cure was sent in XXXX, XXXX, XXXX said we were behind {$5100.00} ( see attached ) and had fallen behind in XXXX of XXXX. ( with {$470.00} in suspense ) because of partial payments. Upon receiving the notice, on XX/XX/XXXX, I emailed my bankruptcy attorney to ask about the notice. She replied to me that the trustee had fulfilled his part of the bankruptcy. The arrears were paid and the issue was between XXXX and us ( my husband and I ). Up to this point, none of my statements had any late fees or balances. 
I called XXXX and spoke with a representative. They told me we were up-to-date. They had received a payment and it was posting and the one we had just sent would make us current. There were no past due balances or late fees. 

We continued to pay on time and received statements to the effect that we were not late or behind or owing any fees. 

XX/XX/XXXX Then our bankruptcy was discharged in XXXX of XXXX. It was a mandatory 60 month plan. All of the payments were made. 
I checked my credit and my credit report said I was late for the XXXX payment, so I filed a dispute with the credit reporting agencies. 

XX/XX/XXXX Payment sent as usual ( Later Returned ) XX/XX/XXXX XXXX immediately started rejecting our payments and sent us a statement that included an acceleration notice with the extra {$5900.00} balance attached to it. 

RESPA VIOLATION : Asserted Errors Related to Non-Bona Fide Fees 54. If the borrower asserted that the institution charged a fee without a reasonable basis to do so, determine whether the institution in fact had a reasonable basis to impose the fee ( 12 CFR 1024.35 ( b ) ( 5 ) ). An institution lacks a reasonable basis to impose fees that are not CFPB Examination Procedures RESPA CFPB XX/XX/XXXX Procedures XXXX bona fide, such as ( i ) a late fee So once again, I emailed my bankruptcy attorney and asked if she could help solve the issue. 
She did, in fact, send their bankruptcy attorney - XXXX XXXX, an email asking if she could look into why they were rejecting my payments and asked again about the balance noted on Notice of Final Cure and if she could explain the situation. Their attorney responded that we were two months behind. We had a {$540.00} balance in suspense and that she would obtain a ledger to look into the matter. She said it stemmed back to some partial payments made in XXXX. 

I also called and was emailed a transaction history report that I got the SAME DAY directly from XXXX. They were only able to print the history from XX/XX/XXXX through XX/XX/XXXX due to Covid and the fact that they were working remotely. 

XX/XX/XXXX Payment sent as usual ( Later Returned ) XX/XX/XXXX Payment sent as usual ( Later Returned ) XX/XX/XXXX On XX/XX/XXXX I inquired if my attorney had heard anything or if they had sent a copy of the transaction history/LEDGER. 

XX/XX/XXXX My attorney responded that Ms. XXXX had not received a response but was following up. 
We resubmitted the payment for XXXX. 

RESPA VIOLATION : For all other information requests, responding within 30 days ( excluding legal public holidays, Saturdays, and Sundays ) unless, prior to the expiration of that 30-day period, the institution extended the time for responding by an additional 15 days ( excluding legal public holidays, Saturdays, and Sundays ) by notifying the borrower in writing of the extension and the reasons for it ( 12 CFR 1024.36 ( d ) ) ; XX/XX/XXXX I sent another follow-up email to my attorney on XX/XX/XXXX. I let her know that they sent XXXX payment back - a second time. 

XX/XX/XXXX Payment sent as usual ( Later Returned ) XX/XX/XXXX On XX/XX/XXXX my attorney sent me the following : Ms. XXXX responded on XX/XX/XXXX that she hoped to have a ledger by the next day. She shared the same info she had already sent over concerning partial payments that were made in XXXX. She also said, After filing the Notice of Final Cure, the payments that were applied were XX/XX/XXXX and XX/XX/XXXX. With the loan showing due contractually for XX/XX/XXXX with {$540.00} in suspense. 

XX/XX/XXXX I finally received the ledger that I requested in writing on XX/XX/XXXX. ( A month and a half later ). My attorney tried to make sense of it, but the dates that were applied to the payments did not match the statement dates or amounts that we had XXXXSee First ledger from XXXX XXXX PAYMENT LEDGER [ XXXX ] *** RESPA VIOLATION : Determine whether the institution has policies and procedures that are reasonably designed to ensure that it has access to and provides timely and accurate information ( 12 CFR 1024.38 ( a ) and ( b ) ( 1 ) ). This includes policies and procedures that are reasonably designed to ensure the following : Providing accurate and timely disclosures to the borrower ; Investigating, responding to, and making corrections in response to borrowers complaints, including promptly obtaining information from service providers to investigate and if applicable correct errors resulting from actions of service providers ; Providing borrowers with accurate and timely information and documents in response to borrower requests for information with respect to the borrowers mortgage loan ; Providing owners and assignees of mortgage loans with accurate and current information and documents about all the mortgage loans they own, including information about the institutions evaluations of borrowers for loss mitigation options and loss mitigation agreements with borrowers ; Submitting accurate and current information and documents that comply with applicable law during the foreclosure process ; and Upon learning of a borrowers death, promptly communicating with the borrowers successor in interest concerning the secured property. 



XX/XX/XXXX On XX/XX/XXXX I found the problem. It did stem back to the Notice of Final Cure. 

The XX/XX/XXXX payment was applied on XX/XX/XXXX for {$2600.00} The XX/XX/XXXX payment was applied on XX/XX/XXXX for {$2400.00} Which totaled {$5100.00} Almost exactly the amount missing on the Notice of Final Cure. 

Ms. XXXX had credited them as contractual payments ( Trustee ) for XX/XX/XXXX and XX/XX/XXXX on the ledger. 
The final disbursement from the trustee had been made on XX/XX/XXXX while we were still with XXXX XXXX. 



We had already made XX/XX/XXXX XXXX XX/XX/XXXX XXXX and XX/XX/XXXX ( XX/XX/XXXX ) payments per usual. 

Our XXXX statement said we owed {$2100.00} for XXXX which we paid on XX/XX/XXXX of XXXX. 
Our XXXX statement said we owed {$2000.00} with an Unapplied balance of {$380.00} DUE FOR XXXX Our XXXX statement said we owed {$540.00} with Unapplied balance of {$1900.00} DUE FOR XXXX The unapplied balances had been credited from our suspense due to overpayment of which only {$75.00} remained from the trustee. 

Again, the final disbursement from the trustee had been made on XX/XX/XXXX while we were still with XXXX XXXX. 

XX/XX/XXXX XXXX  reopened the bankruptcy station to review payments and allow us to send payments. 

XX/XX/XXXX Payment sent as usual XX/XX/XXXX Payment sent as usual XX/XX/XXXX Called XXXX for a ledger. 

XX/XX/XXXX Payment sent as usual I still did not receive any updates from their bankruptcy attorney, so I sent another formal letter by a different attorneyXXXX XXXX on XX/XX/XXXX. Then I received a call from Ms. XXXX who then gave me her phone number and told me she was still looking into the account. 
( 12 CFR 1024.38 ( a ) and ( b ) ( 1 ) ) XX/XX/XXXX Payment sent as usual XX/XX/XXXX Payment sent as usual XX/XX/XXXX Asked for updates by text directly from Ms.XXXX 
She responded she had more questions. She was following up with her contact at the company. She was sorry for the delay. 
( 12 CFR 1024.38 ( a ) and ( b ) ( 1 ) ) XX/XX/XXXX Asked for updates by text directly from Ms.XXXX 
She responded that her contact hoped she would have a response by the beginning of the week. If not she would follow up. 
I replied, the issue was affecting my credit and credit score. I had been asking for clarity since XXXX of XXXX and I would appreciate any due diligence. 

RESPA VIOLATION : For all other information requests, responding within 30 days ( excluding legal public holidays, Saturdays, and Sundays ) unless, prior to the expiration of that 30-day period, the institution extended the time for responding by an additional 15 days ( excluding legal public holidays, Saturdays, and Sundays ) by notifying the borrower in writing of the extension and the reasons for it ( 12 CFR 1024.36 ( d ) ) ; XX/XX/XXXX Asked for updates by text directly from Ms.XXXX. 
Her contact stated she had to have someone else look at it. No action would be taken until the matter was resolved. As such, there should not be any negative reporting with regards to the mortgage. If so to let her know. 
( 12 CFR 1024.38 ( a ) and ( b ) ( 1 ) ) I responded with screen shots of the late payment reporting and screen shots of my XXXX XXXX   history. 

RESPA VIOLATION : Determine whether the institution furnished adverse information to any consumer reporting agency regarding a payment that was the subject of an error notice within 60 days after receiving the notice ( 12 CFR 1024.35 ( i ) ). 
XX/XX/XXXX Payment sent as usual XX/XX/XXXX Asked for updates by text directly from Ms.XXXX. 
Threatened to file RESPA grievance She said they were having problems reading the prior servicers history, which was causing a delay. 


XX/XX/XXXX She followed up that it had been escalated to a supervisor. They are working on it.There should not be any negative reporting. They reopened the bankruptcy station while it is being resolved. 

XX/XX/XXXX Asked for updates by text directly from Ms.XXXX 
Said she talked to the supervisor and the account adjustments should be reflected by the end of next week at the latest. 
Said It would make the account due for XXXX but she would send me the updated figures once she had them. 
Said she would make the necessary requests to reverse the credit reporting. 

RESPA VIOLATION : For all other information requests, responding within 30 days ( excluding legal public holidays, Saturdays, and Sundays ) unless, prior to the expiration of that 30-day period, the institution extended the time for responding by an additional 15 days ( excluding legal public holidays, Saturdays, and Sundays ) by notifying the borrower in writing of the extension and the reasons for it ( 12 CFR 1024.36 ( d ) ) ; XX/XX/XXXX Asked for updates by text directly from Ms.XXXX. 
Said per her contact the account is currently showing due for XX/XX/XXXX Said the pictures had been forwarded to the credit reporting department for additional clarification as to what had been reported. 

XX/XX/XXXX Asked for updates by text directly from Ms.XXXX 
Requested all payments and dates and a new transaction history. 
Asked them to remove the additional {$5100.00} that had been added in XXXX. 


RESPA VIOLATION : Asserted Errors Related to Non-Bona Fide Fees 54. If the borrower asserted that the institution charged a fee without a reasonable basis to do so, determine whether the institution in fact had a reasonable basis to impose the fee ( 12 CFR 1024.35 ( b ) ( 5 ) ). An institution lacks a reasonable basis to impose fees that are not CFPB Examination Procedures RESPA CFPB XX/XX/XXXX Procedures XXXX bona fide, such as ( i ) a late fee Replied she would make the request. 
Said They did advise there are no outstanding fees or costs. 

Asked for clarification on whether we were due for XXXX or paid through XXXX? 
Responded due for XXXX less {$590.00} in suspense. 

Asked where was the missing payment that would have put us behind for XXXX? 
I requested a transaction history directly from XXXX by email. 
***See attached Directly from loancare XXXX to XXXX Application of some dates and payments completely altered. Due for XX/XX/XXXX No outstanding fees or costs. 

XX/XX/XXXX Asked me to forward her the new transaction history that I called XXXX  ( the company she works for ) so she could make sure we were looking at the same thing. 
Said she would forward my question. 


XX/XX/XXXX Payment sent as usual XX/XX/XXXX The ledger from XXXX XXXX was finally received that was requested on XX/XX/XXXX. XXXX applied our mortgage payments back to XXXX which should have been included in the arrears. They did not apply our direct payments to the dates that they were made post-petition. They have applied dates as far back as XX/XX/XXXX which should have been payments made by the trustee. Our payments were not due until XX/XX/XXXX. 
***See attached Ledger from XXXX RESPA VIOLATION : The institution properly responded to a borrowers written error notice by : o Correcting the errors identified by the borrower as well as any different or additional errors that were discovered during the investigation and providing written notice to the borrower of the corrections, the date the corrections took effect, and contact information for further assistance ; or o Conducting a reasonable investigation and providing the borrower with a written notice stating that the institution has determined that no error occurred, the reasons for its determination, the borrowers right to request documents relied upon by the institution in reaching its determination and how to do so, and contact information for further assistance ( 12 CFR 1024.35 ( e ) ) ; AND For all other alleged errors, the institution responded within 30 days ( excluding legal public holidays, Saturdays, and Sundays ) unless, prior to the expiration of that 30-day period, the institution extended the time for responding by an additional 15 days ( excluding legal public holidays, Saturdays, and Sundays ) by notifying the borrower in writing of the extension and the reasons for it ( 12 CFR  1024.35 ( e ) ( 3 ) ) ; XX/XX/XXXX My listing agent was called by an XXXX photographer who said she was hired by my mortgage company to come out and needed to be granted entry into my house to take pictures without my permission. 

XX/XX/XXXX Another payment was returned in the form of a check from XXXX  along with a foreclosure statement attached saying they were returning the payment because the account is in foreclosure, although on XX/XX/XXXX Ms. XXXX said we were due for XXXX and had no outstanding fees or costs. 
***See attached Check from XXXX RESPA VIOLATION : 113. Determine whether the institution made any first judicial or non-judicial foreclosure notices or filings without meeting one of the following conditions : ( i ) the borrower was more than 120 days delinquent ; ( ii ) the foreclosure is based on a borrowers violation of a due-on-sale clause ; or ( iii ) the institution is joining the foreclosure action of a subordinate lienholder ( 12 CFR 1024.41 ( f ) ( 1 ) ). ( Note that this requirement as applicable to small servicers is addressed below. )