Consumer complaint received 2020-08-13
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: WEICHERT FINANCIAL SERVICES (NJ)

I purchased a single family home, one parcel of land on XX/XX/2020. All of my closing documents reflect the purchase of this one parcel of land, hereinafter referred to as " 7. '' The seller of the property I purchased is my neighbor. On XX/XX/2020 I passed his home on my way out and stopped to say hello, at which time he advised me that he went to the township to pay the 3rd quarter property taxes on his home, located at " 5, '' and was advised that the property taxes on " 5 '' were previously paid by the mortgage company for " 7. '' He told them that this was a mistake and paid the property taxes for his property located at " 5. '' On XX/XX/2020, I called Weichert Financial Services, my mortgage company to inquire about them using my escrow money to pay the property taxes for " 5, '' a property that I do not own. I was advised by XXXX that there were " two parcels of land '' attached to my mortgage. I advised her that that was not true and demanded they fix the problem immediately. She submitted a " ticket '' and told me I would have a response by XX/XX/2020. I asked her to escalate the matter because I wanted an immediate response concerning the misappropriation of my escrow funds. 

On XX/XX/2020 I spoke with XXXX at the township tax department who confirmed to me that the property I purchased, " 7 '' was one parcel of land at which time she confirmed the lot/block number. This one lot/block number matches my closing documents. She confirmed that the township received third quarter property taxes in the amount of {$2600.00} for the property known as " 5 '' and {$2000.00} for my property, " 7. '' She confirmed that the owner of " 5 '' paid his property taxes. She explained that the service provider for Weichert Financial Services, XXXX XXXX, forwarded payments for both properties and despite their office 's efforts to contact XXXX XXXX to confirm the error on their part for payment of property taxes for " 5, '' XXXX XXXX was not returning their calls. 

Subsequently, on XX/XX/2020, I called Weichert Financial Services back and spoke with XXXX. I asked him to call the township to confirm the error and he advised he could not do so because that problem is handled within the tax office of Weichert. I asked to speak to some in their tax department and was advised that that department does not speak with customers. I then requested a supervisor, at which time I was transferred to XXXX. XXXX identified himself as a supervisor. I reiterated the problem I was having and that all that needs to be done is a phone call to the tax department of the township to confirm the error. He mimicked the response I received from XXXX. 

On XX/XX/2020 at XXXX XXXX., I faxed correspondence to the attention of XXXX XXXX at Weichert ( the loan originator I worked with ) and to my attorney for the closing, XXXX XXXX, XXXX, detailing the misappropriation of my escrow funds requesting ( 1 ) that the {$2600.00} be returned to my escrow immediately ; ( 2 ) that the correct annual property tax amount be obtained for " 7 '' and my mortgage be adjusted accordingly ; ( 3 ) Refund to me all overages paid to Weichert Financial Services by me for any and all escrow being held by them for property taxes for " 5. '' In addition, I requested a copy of the recorded Deed. I requested that this matter be rectified by close of business on XX/XX/2020. 

As no response was forthcoming, on XXXX at XXXX XXXX. I faxed another letter to Weichert and to my attorney, XXXX XXXX, XXXX. after speaking with XXXX at the township tax department. XXXX confirmed to me that she has been emailing her contact at the service company for Weichert, XXXX XXXX, and no response has been received. She additionally advised that they still have the record owner of " 7 '' as being the previous owner. In addition, XXXX confirmed that I was not recorded as being the record owner of " 5. '' I asked her if she could send me a copy of the recorded Deed, however, she advised that the Deed was not recorded and to contact my attorney, XXXX XXXX, XXXX. 

Within my letter of XX/XX/2020, I detailed my conversation with XXXX at the township tax office as well as the communication I had with XXXX XXXX, who said she contacted the appropriate person at Weichert about the problem on my behalf. I again reiterated that I wanted the matter rectified by close of business of XX/XX/2020 and  requested ( 1 ) a copy of my recorded mortgage ; ( 2 ) copy of the recorded Deed ; ( 3 ) a complete copy of the property survey for " 7 '' that I ordered prior to the XX/XX/2020 closing date, but which was performed post-closing in XXXX, 2020 ; ( 4 ) the removal of any and all additional parcels added to my mortgage post-closing other than " 7 '' to include but not limited to " 5 ; '' ( 5 ) confirm the error made by Weichert Financial Services and/or XXXX XXXX of the misappropriation of my escrow money of {$2600.00} for payment of property taxes for " 5 '' and to secure the return of that money to my escrow account ; ( 6 ) the name, name of company and address of the individual ( s ) who  added the parcel of land known as " 5 '' to my mortgage post-closing of XX/XX/2020 as well as the information for the individual ( s ) who  forwarded my escrow money in the amount of {$2600.00} to XXXX XXXX for the payment of property taxes for " 5. '' Subsequently, I received a call from XXXX XXXX advising that she forwarded my XX/XX/2020 and XX/XX/2020 letters to a manager at Weichert Financial Services and the matter was referred to their legal department. She advised that the manager advised her to tell me that they are " working on it, '' and I would not be harmed financially or otherwise in any way. She also advised that the manager told her that it was " human error. '' I again advised that I wanted a response, in writing, from someone at Weichert Financial Services by the close of business on XX/XX/2020. 

The misappropriation of my escrow funds by Weichert Financial Services for the payment of third quarter property taxes for " 5, '' does not constitute " human error, '' but rather, denotes a deliberate action on the part of Weichert Financial Services. All of the documentation I received from my attorney, XXXX XXXX, XXXX. at the time of closing references one parcel of property, known as " 7. '' None of the 100+ pages I received for the purchase of " 7 '' references a second parcel of property known as " 5. '' The parcel of land known as " 5, '' was manually added to my mortgage subsequent to the closing date of XX/XX/2020and subsequent to my signing all closing documents. Had it not been for my friendly stop to say hello to my neighbor ( and the seller of the property known as " 7 '' to me ), I never would have known about this egregious misappropriation of my escrow monies and great financial harm and damages would have been suffered by me including, but not limited to, an unwarranted and obvious substantial increase in my mortgage payment for the indeterminate amount of times the fraudulent allocations of my escrow money for the payment for property known as " 5 '' by Weichert Financial Services ; the future inability to pay the unsubstantiated increase in mortgage payment to pay for the shortage of escrow caused by the misappropriation of my escrow monies by Weichert Financial Services resulting in possible foreclosure ; other financial damages and harm for the expenditure of investigation as to the reasons for the escrow shortage ; as well as possible health issues caused by the direct, wanton and egregious behavior, actions and inactions of Weichert Financial Services and/or XXXX XXXX.