Consumer complaint received 2021-10-06
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Cadence Bank (TX)

On XX/XX/XXXX I renewed my mortgage loan with XXXX XXXX in XXXX, Texas. The majority of this renewal was done through email. I was sent the renewal documents which I had motorized and returned in XX/XX/XXXX. As you can see on the documents, the balance of the loan was {$60000.00}. 

In XX/XX/XXXX I had a text message exchange with XXXX XXXX from XXXX XXXX about missing a payment on the loan. It was also getting closer to the next payment being due as well. The text conversation is about making these 2 payments. I made the 2 payments in XX/XX/XXXX. The documents provided to me by XXXX XXXX clearly shows these 2 payments. I missed the next payment for XXXX XXXX. I made a payment on XX/XX/XXXX. Leaving me 1 payment behind. I made 2 payments in XX/XX/XXXX. I was unaware when making the 2 payments in XX/XX/XXXX and XX/XX/XXXX that the additional payment was not applied to the delinquent payment but to the principal of the loan. 
Mr XXXX would send me text from time to time letting me know when I needed to make payment or to check the status of making a payment. Covis - 19 begins in XX/XX/XXXX with the shutdown of everything. 
At this time I know I am 2 payments behind on my mortgage. 
Mr XXXX begins to push for me to to " revamp '' the loan and move the missed payments to the end of the loan. I have been making the monthly payments at this time but not making any progress on getting the 2 outstanding payments paid. I am being charged over {$200.00} XXXX late fees every month at this time. XXXX 's idea to redo the loan is pushed to me with the fact I would not be paying the additional late fees anymore and the foreclosure process would not be started by XXXX XXXX. This is in the shutdown due to covid19. When I mentioned this to him and the difficulty of earning income his reply was basically, " the is issue began before covid '' I agree to the loan modification in XX/XX/XXXX. 

When I am emailed the documents to sign I see that the amount to be adjusted {$4100.00}. I am only 2 payments behind at {$2200.00}. 
I contact XXXX XXXX. I ask about the amount of {$4500.00} and am told I am 4 payments behind. I disagree and ask for a history of payments since the loan was renewed in XX/XX/XXXX. Upon looking at the documents I see the loan balance shows {$79000.00}. 

Here is the primary reason of my complaint. 

I signed renewal documents, signed by a notary, and filed with the XXXX county clerk with a balance of {$60000.00}. 

When I let Mr XXXX know there was an error in the balance shown and what I signed, his response was : XXXX, XXXX, XXXX " Have no idea where you are getting the XXXX number. Your note was renewed on XX/XX/XXXX balance was XXXX Send me a copy of what you are referring to. '' Why he would respond this way was surprising to me. He had the paperwork that was notarized and signed by me on file, and the exact same paperwork filed with the XXXX XXXX clerk. 

I sent him the documents he ask for. 
I got this response on XXXX XXXX " Will send this to Real Estate Department they do the renewals. This was not your principal balance at time of renewal per our records. '' I responded : " Where would they come up with that number. And I never saw another closing settlement document in XXXX. So how did that happen without my knowledge? '' XXXX reponse : " No idea but the number is wrong does not match with the amortization schedule '' I respond : " So I am assuming they just went in and changed the amount owed and didnt have a closing settlement document? 
Maybe the amortization schedule is wrong And I'm still showing that I am only two payments behind according to my payment record from my bank '' I didn't sign the revamp of the loan due to the I correct balance. 

I don't hear anything from Mr. XXXX so sent him a message XX/XX/XXXX trying to make a payment on the loan. 
We discuss the difference in how many payments I am behind. I say 2 he says 4. When I ask home to look at XXXX and XX/XX/XXXX and the additional payments I made in those 2 months, the payments being applied to the principal and not the missed payments, I get no reply or feed back to my request. To date Mr XXXX has never responded or commented on these 2 payments. I am being charged late fees every month over {$200.00} but I can't get my loan officer to even acknowledge my request for a review of those two months. 

I didn't sign the modification. I start making an additional payment with my mortgage payment to get caught up. 

I get this message from Mr XXXX on XX/XX/XXXX : Mr. XXXX, Will take a look at your loan tomorrow after the payment made today is posted. It will take 4 payments of XXXX to advance the due date an extra month. The extra amount being paid is approx. {$300.00} per month with your regular payment being approx. XXXX it will take some time for the loan to be current. 

I respond : Can you please look at XX/XX/XXXX and XX/XX/XXXX. I had made 2 payments in those 2 months that were applied to the principal and not the payment that was behind. If you apply them to the payment that were behind, and after today 's {$1500.00}. That would leave me just 1 payment behind.

I do not hear from Mr XXXX again until XX/XX/XXXX I am still paying over {$200.00} in late fees every month. 

When I do hear from Mr XXXX it is to inform me on the delinquency of my loan or that he'll my escrow is behind schedule or about possible foreclosure. All the while I'm making current payments with the additional {$300.00} to try to get caught up on the loan. I don't hear anything about the discrepancy in the balance of the loan or the additional payments I had made to bring the loan current so I don't have to pay the late fees anymore, the ones that I've been paying now for over a year and all because mr. XXXX doesn't want to go back and change the amount paid to the balance to the delinquent payment. 
A lady named XXXX XXXX was helping me each month with my debit card payments for the loan. She was not allowed to have access to my account, even to possibly help me get those payments changed to the delinquent payment instead of the balance of the loan. Again getting current and having the late fees stopped. 
Mr XXXX has not provided an response to the the discrepancy in the balance I signed on the last disclosure statement to the balanced a show on record he has not provided me with any information in regards to this problem. And I stated before he has never given me any feedback on the two payments. 

I'm XX/XX/XXXX I finally got caught up. 

Still no answer to the balance discrepancy. 

And no reply from Mr XXXX  about the two payments being applied the proper way to stop the late fees. 
However he did contact me several times about redoing the loan again. My assumption is that by renewing the loan he could get the balance back to where he thought it should be and there no longer being a discrepancy in what I signed and what the bank has as the balance. 

I see this as fraudulent and deceptive. I believe Mr XXXX knew of the balance issue, the disclosure statement I signed and had notarized is available to him at his bank location when I brought up the issue. He wanted to get me to redo the loan so he could eliminate the discrepancy without me ever knowing there was one. which is why he would not go and review the two payments so he could pressure me to redo the loan with the assumption that I was 4 payments behind instead of 2 and he could threaten foreclosure and escrow issues which he did. And doing so when the country is going to the covid-19 pandemic and I being self-employed was drastically affected by the shutdown XXXX XXXX was acquired by Bancorp South recently. 


There still is a balance issue And the issue of having to pay late fees on an account that wasn't past due 4 payments but for 2 payments.

I have text messages exchanged between me and Mr XXXX along with emails. 

I am attaching a copy of the paperwork that I had notarized and is on file at the bank and at the XXXX county clerk 's office. And the payment history provided to me by Mr XXXX. 

I can provide copies of all the text message exchange and email exchange between Mr XXXX and I upon request.