Consumer complaint received 2022-02-09
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Aspen Yo LLC (CA)

Received a phone call from the loss mitigator XX/XX/XXXX from Gregory Funding that my request for payment assistance was approved with the following terms, down payment due by 15 days from when the letter is mailed from Gregory Funding. Down payment amount for the forbearance/trial period is {$4300.00}. 
I call back XX/XX/XXXX to ask my loss mitigator if there is an extension for him so that I don't have to hold for an extended period to reach him. His answer is " NO '' we are not allowed to give out an extension. 
I call back on XX/XX/XXXX and speak to a customer service representative to ask the question, " DO I WAIT TO RECEIVE THE LOSS MITIGATION LETTER BEFORE I BEGIN MAKING PAYMENTS TOWARD THE DOWN PAYMENT? '' The customer service rep puts me on hold and comes back to say that I DO NOT have to wait for the letter, that all payments going forward will go toward the down payment. XX/XX/XXXX I send in a payment for {$470.00} toward the down payment. 
XX/XX/XXXX I send in {$1600.00} toward the down payment, XX/XX/XXXX I send in {$300.00}. 
On XX/XX/XXXX I notice that part of the payments have been applied to a delinquent month XX/XX/XXXX payment and the rest is put in the unapplied suspense. I called back XX/XX/XXXX and held XXXX minutes to ask my question again, " SHOULD I BE CONCERNED THAT MY DOWN PAYMENT MONEY FOR MY NEW FORBEARANCE HAS BEEN APPLIED TO A PREVIOUS MONTHS PAYMENT? I AM TOLD, " NO NEED FOR CONCERN, IT HAS ALL BEEN CALCULATED IN ABOUT XXXX PAGES WORTH OF CALCULATIONS TO TAKE INTO CONSIDERATION THE PAST DUE. WE WILL MAKE A NOTE IN YOUR FILE TO LET YOUR LOSS MITIGATOR KNOW THAT YOU CALLED AND WHAT QUESTIONS YOU ARE ASKING. '' XXXX I send in a payment for {$1200.00} to go toward my down payment and set up another payment for {$800.00} for XX/XX/XXXX for a total down payment of {$4300.00}. Such a relief knowing that I have paid it in full because my loss mitigator said on XX/XX/XXXX that " any amount I am short by the XXXX day from when my letter is mailed we can work it out ''. As of XX/XX/XXXX no letter has ever arrived from loss mitigation since our discussion on XX/XX/XXXX. 
XX/XX/XXXX the phone rings, it is the loss mitigator calling to let me know that my letter was mailed XX/XX/XXXX and my down payment is due XX/XX/XXXX. I mention all of the payments I have made toward the down payment since our XX/XX/XXXX conversation, and XX/XX/XXXX payments toward the down payment and his response is, 'THOSE PREVIOUS PAYMENTS made in XX/XX/XXXX CAN NOT BE APPLIED TOWARD YOUR DOWN PAYMENT, ONLY PAYMENTS MADE AFTER THE DATE OF THE XX/XX/XXXX LETTER FROM LOSS MITIGATION. '' The loss mitigator speaks to his supervisor and calls me back. " THE MONEY THAT YOU PAID IN XX/XX/XXXX MUST REMAIN WHERE IT HAS BEEN APPLIED AND THE {$4300.00} MINUS THE {$2000.00} IN PAYMENTS THAT YOU HAVE MADE IN XXXX CAN BE SUBTRACTED. YOU AND I CAN WORK OUT THE REMAINING {$2300.00} OVER THE NEXT XXXX MONTHS '' Something is wrong with the fact that the phone calls to customer service are documented with me asking specifically if I need to wait for the loss mitigation letter to begin making payments or can I begin making the payments now. 
Something is not right?