Consumer complaint received 2021-12-08
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: ATHAS CAPITAL GROUP, INC. (CA)

During loan origination, lender XXXX XXXX asked me to fill out an XXXX authorization form while leaving the max authorized amount blank, which I was not willing to do. The loan very nearly didnt happen over this issue. 
First they told me the payment amount would be {$480.00}. Then it was updated to be {$990.00} which was to include PITI + HOA dues amount. I was certain I would be paying HOA dues on my own and not the servicer, but under threat of loan cancellation if I did not comply, I provided an accourate ACH authorization form to Athas Capital on XX/XX/2021 which I was told would be used to make scheduled payments. I further provided a voided check and recent account statement to corroborate the information I provided on that form. 
At loan signing the notary gave me a ACH form to complete. I did not have my banking information with me at the time and said I had already provided one to Athas Capital. It also contained the incorrect, lower amount of {$480.00} as a monthly payment amount. I called my loan officer, he apologized profusely and said they would take care of the form on their end. Notary still requested that I sign the document anyway, even though it was not filled out. 

Youll notice that someone filled out the ACH information from signing. Not me. Loan officer said someone from Athas Capital would fill it out using the information previously provided. However, it was an incorrect transcription that transposed some of the account numbers. Date was added and a different authorization amount was added electronically after the fact. Are not these actions illegal? 


XX/XX/2021 an email from Athas said that your payment is set up on ACH to come out automatically from your bank account. No need to do anything else on your end. 
Out of nowhere, on XX/XX/2021 I received an email from servicer " XXXX XXXX XXXX XXXX XXXX '' saying my payment was rejected. I was charged a late fee and NSF fee. 
XX/XX/2021 I called XXXX and explained the situation to the rep, who understood and sympathized over the situation. He said he was authorized to waive the NSF fee if I made payment by phone ( which I did, excluding the unjust {$48.00} late fee ), but that I would need to resolve the late fee with Athas Capital. 
XX/XX/2021 I emailed everyone I knew of at Athas Capital, and the rep at XXXX and XXXX explaining the above. To this date no response has been received from any party. 
XXXX XXXX I receive a Notice of Servicing Transfer from XXXX dated XX/XX/2021. 
XX/XX/2021 I set up my online account with XXXX. The rep attempts to assure me -- as did Athas Capital in the XX/XX/2021 email -- that they already have my correct bank account number and that I dont need to worry about anything. However I can see it too, is the incorrect bank account number provided by the notary to XXXX, then from XXXX to XXXX. I spend nearly 30 minutes on the call with her in an attempt to resolve. She says I can always call back in about a week or two when they will have more information. 

Please note emails and their corresponding attachments that I am also including, for full documentation of this issue, and screenshots shown below showing the XXXX online portal does not allow me to correct this error.