Consumer complaint received 2020-01-09
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: EVERBANK, NATIONAL ASSOCIATION (OR)

In XXXX of XXXX I was laid off by my previous employer and mortgage company, XXXX XXXX XXXX XXXX ( XXXX ). I was able to enter into a hardship forbearance plan with them, deferring my mortgage payments from XXXX of XXXX - XXXX of XXXX. I was to apply for a permanent modification in XX/XX/XXXX once new employment had been obtained. See attached. 

In XXXX of XXXX I had applied for the modification with XXXX. During the processing of the modification, XXXX apparently sold the transferring of my loan to TIAA. Upon following up with TIAA in regards to the status of my modification in XXXX of XXXX, I was told that I would need to re-apply directly with them. 

On XX/XX/XXXX I was approved for a modification under TIAA 's " Flex '' program. I was to make trial payments for 90 days beginning XX/XX/XXXX. After my third and final trial payment in XXXX of XXXX, my modification would become permanent. See attached. 

I made my XXXX payment on XX/XX/XXXX and the XXXX payment on XXXX. On XX/XX/XXXX I received the permanent modification offer. I was instructed to sign and date the agreement, have it notarized, and return it to TIAA with the final payment via personal check. I complied with all of these requests. TIAA received the notarized agreement earlier than I expected, and processed my personal check for XXXX 's payment on XX/XX/XXXX. The payment was returned for non-sufficient funds on XX/XX/XXXX. I saw that this had happened on XX/XX/XXXX when I checked my bank account and immediately called TIAA to make the payment over the phone. They processed an ACH payment over the phone and also re-ran the personal check on XX/XX/XXXX. I was not advised that the check would be processed again, otherwise I would not have made the payment over the phone. Both of the payments cleared my account, the check on XX/XX/XXXX and the phone payment on XX/XX/XXXX, overdrawing my account. I called TIAA and requested return of the phone payment and was advised to send proof via email that I had double paid before they would do so. I sent them proof and the phone payment was returned on XX/XX/XXXX. The funds from the check that cleared on XX/XX/XXXX was retained by TIAA and they still have that money. All three trial payments have been made and were paid on time. See attached. 

On XX/XX/XXXX I called and made my first payment for my permanent modification. This payment was made without issue and I was advised that my modification was being set up in their system, and I would be able to make future payments online. 

On XX/XX/XXXX I called my 'Relationship Manager ' at TIAA , XXXX XXXX XXXX to make my payment, but she did not answer her phone and my call was transferred to the next available person. I was informed at this time that my modification had been cancelled and I did not have a loan in their system. I was told that I would only be able to pay a lump-sum of every payment that would have been due dating back to the original forbearance in XXXX of XXXX. The sum was over {$20000.00}. They would not accept any partial payment. I was told that the modification was cancelled because I did not make my final trial payment in XXXX of XXXX. I explained what had happened and was told they would find the payment and call me back. I did not hear back from TIAA so I called them again on XX/XX/XXXX to follow up. The person I spoke to not have any of the information from my call the week before and I had to explain the entire situation again and request that they rectify the situation. I have called numerous times between XXXX and XXXX of XXXX trying to fix this issue, and sent them proof that the XXXX payment had cleared my account and that they still had it. See attached. I also demanded to know why my XXXX payment had been accepted if my modification was cancelled in XXXX, and was told that the XXXX payment should not have been accepted. I have called XXXX XXXX countless times, and she rarely answers. They do not have voicemails and if they do not answer, the call is transferred to the next available person in that department. I have requested call-backs from XXXX, and she has never returned them. The few conversations I did have with her during this period were frustrating and there was no follow-up on her end. She neglected to research the issue or follow-up with XXXX XXXX on my behalf. Later in XXXX I received a check from TIAA returning my XXXX payment. I did not deposit this check until XXXX of XXXX, after receiving foreclosure papers from a courier. 

In XXXX of XXXX I was finally able to contact a manager after having dozens of calls with various customer service representatives to no avail. The name of the manager is XXXX XXXX, I do not know if this is the correct spelling of his last name. I have been unable to find contact information for him online and have only spoken with him over the phone. His direct line is XXXX. XXXX was the first to inform me that a physical check had also been sent to me in XXXX, returning the second payment that I made that month. I told him I had never received any check and that my XXXX payment was still in TIAA 's hands. XXXX told me that he would find the missing payment and take care of the issue and get back to me. He told me when I asked, that there were no foreclosure proceedings against me at that time. I never heard back from XXXX. 

I received foreclosure papers in XXXX of XXXX. I have filed an answer with all of the attached documentation. TIAA is in receipt of all three of my trial payments as required. They are in violation of the modification agreement. They are pursuing an illegal foreclosure on my home. I have tried to remedy this situation with them countless times since XXXX of XXXX and they don't seem to care. I have been forced to put my home up for sale to try to protect my equity. My teenage son and I will not be able to continue living in our home town because of market inflation. Once my home is sold or foreclosed on, I will not be able to afford rent or sales prices here in order to stay. I will lose over {$100000.00} in equity as a result of foreclosure. They have ruined my credit, reporting all of the payments since the original forbearance as a rolling late. My credit should be showing current payments since XX/XX/XXXX when I made my first trial payment. I have not defaulted on my payments, they have refused to accept them. TIAA 's behavior is illegal and predatory. All I want is for them to reinstate my modification and allow me to begin making my payments as soon as possible, and for them to fix the reporting of mortgage lates to the credit bureaus effective XX/XX/XXXX. They are unwilling to mediate and are viciously pursuing a foreclosure against me.