Consumer complaint received 2022-04-28
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: U.S. BANCORP (OH)

This is a follow-up complaint to complaint ID # XXXX that was resolved and closed. 

Issue # 1 : On XX/XX/XXXX at XXXX PM eastern time, I received a sales call from a banker at the XXXX XXXX, OH branch who called me from ( XXXX ) XXXX and told me " since you have a mortgage with us we'd like to offer you other services like our platinum checking, etc. '' This sales call was made despite being on the do not call list. I previously complained about unsolicited sales calls from their local branch ( formally as part of my prior CFPB complaint referenced above ) and requested to be placed on the do not call list. I received a letter from US Bank dated XX/XX/XXXX in response to my CFPB complaint that specifically stated : Regarding your solicitation concerns ; we contacted your local U.S. Bank branch and it was determined that your profile reflected marketing allowed. They updated your profile to reflect no mail or phone marketing. If you have any questions, please contact the XXXX XXXX, XXXX XXXX... 

Why am I still getting sleazy sales phone calls despite repeatedly asking to be on the do not call list and U.S. Bank and even verifying per their letter dated XX/XX/XXXX that I was placed on the no mail/no phone marketing list? Furthermore, the fact that theyre stating that I have a mortgage with them as the reason for their sales call as if we have some consensual relationship is absolutely misleading and downright sleazy behavior directed towards consumers. My mortgage is owned by XXXX XXXX, U.S. Bank is just the servicer ( albeit a servicer who is incompetent and negligent in servicing my loan ) which I had no choice in. U.S. Bank was happy to sign me up for additional accounts I dont need its like the XXXX XXXX XXXX all over again. What an absolute disgrace to consumers and downright unethical way to conduct business. I have no interest in doing business with U.S. Bank as I have repeatedly expressed. They have not honored my demand to not be contacted despite formally requesting such months ago. 

Issue # 2 : As a result of ( and resolution to ) the prior complaint ID # XXXX, U.S. Bank admitted fault using my escrow funds to pay a neighboring parcel 's property taxes, which made my parcel 's taxes go unpaid and incur penalty from our taxing authority. To resolve the issue, they sent me a letter dated XX/XX/XXXX that said a ) they would refund the {$540.00} errant tax payment they made to me ( so I can reimit to our taxing authority ), b ) they would pay me the {$53.00} penalty incurred which was their fault ( so XXXX can remit to the taxing authority ), and c ) they would disburse the remaining escrow funds in my account to me and waive any further escrow requirement per my request. I did receive the above-referenced refunds and disbursements in late XX/XX/XXXX, which I considered to be adequate to resolve the issue. 

Just a couple weeks after receiving the refunds and disbursements, I received a letter dated XX/XX/XXXX stating that : " property tax/insurance was paid on your behalf. This has resulted in an escrow advance in the amount of {$53.00}. If no response is received in 30 days, the advance balance will be prorated over a 12-month period and {$4.00} will be added to your mortgage payment. '' My mortgage payment has subsequently gone up by {$4.00} from {$1000.00} per month ( principal + interest ) to {$1000.00} per month ( principal + interest + escrow clawback ) as of the XX/XX/XXXX payment. This supposed escrow advance U.S. Bank is claiming is the exact amount of the tax penalty that I incurred that was paid to me by U.S. Bank. I have attached the check for reference. It was not an advance, it was a penalty levied by my local taxing authority and incurred due to U.S. Bank 's negligence in servicing of my loan and paying my taxes on time with my escrow funds. They took responsibility for the error and paid the penalty to me so I can remit to the taxing authority ( which I did - tax statement attached for reference ), and then mere weeks later, U.S. Bank threatens to claw back the {$53.00} penalty funds they paid me. This is an error on their part and needs to be reversed immediately. 

In an effort to resolve directly with U.S. Bank, I submitted a complaint/inquiry via their website in XX/XX/XXXX, upon seeing that my monthly mortgage payment was increased. On XX/XX/XXXX at XXXX XXXX  XXXX XXXX, I received a voicemail from US Bank with the phone number of ( XXXX ) XXXX. I retained the voicemail and the transcript is as follows : " This message is for XXXX XXXX, my name is XXXX and I work with U.S. Bank. I'm calling in regards to the question received about the taxes on your property and the shortage in your escrow. I'm calling to advise you the reason that there is a shortage in your escrow is because the escrow overage check was sent to you in error and taxes were disbursed. If you have any questions or concerns or need further information on this, please call us .... '' I received a follow-up letter in the mail dated XX/XX/XXXX letting me know that my question was addressed and a detailed message was left. 

This voice message and conclusion from the U.S. Bank representative is factually wrong. The check was not sent in error and was rightfully owed to me. I do not have a shortage in my escrow account. Upon calling the 1-800 number they provided, I was lead through a maze of their phone system and endless questions from their automated phone system and put on hold. 

I can not explain how frustrating and ridiculous it is that I have to spend my time and effort resolving continued issues with U.S. Bank that are 100 % their fault and negligence. Between efforts to resolve the issue directly with U.S. Bank, and time spent filing complaints with the CFPB ( both this complaint and prior complaints ), I have lost significant hours of my time attempting to correct such fundamental errors. The fact that U.S. Bank is sending me letters demanding payment as if I'm in the wrong is predatory and unethical consumer practices. 

I have consulted an attorney who believes U.S. Bank has committed substantial negligence and violations of the Real Estate Settlement Procedures Act ( RESPA ) in the servicing of my mortgage. Furthermore, U.S. Bank has violated the Telephone Consumer Protection Act ( TCPA ) via continued solicitation after being placed on the " do not call list. '' I plan to initiate litigation in the coming weeks. In the meantime, the aforementioned issues need to be corrected immediately.