Consumer complaint received 2022-08-10
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Dovenmuehle Mortgage, Inc. (CA)

On XX/XX/XXXX my frustration, distress, and lack of trust in Dovenmuehle mortgage came to a head and I reached out to a HUD for assistance. I contacted XXXX XXXX, a HUD certified counselor with XXXX XXXX XXXX XXXX XXXX XXXX who has assisted me with my mortgage concerns from that date and is now guiding me through the complaint process. I had been in a COVID forbearance with my lender, Dovenmuehle, and accrued a {$46000.00} mortgage delinquency during that time. 

When the forbearance ended, I was told to submit a modification packet, which I did. Nevertheless, Dovenmuehle continued to send me modification packets and I filled out several, since they did not acknowledge having received my submissions. Finally, I received modification documents. Regrettably, my monthly payment grew during the time I was on forbearance, increasing from {$2000.00} to {$2100.00} by forbearance end. However, my new payment as identified on the modification document was set to be {$2500.00}! I also pay XXXX XXXX  monthly in Association fees. With a monthly income averaging {$5800.00}, this would leave me housing burdened and I was in a panic. 

In XX/XX/XXXX, the XXXX XXXX XXXX XXXX XXXX XXXX ) opened for applications. XXXX XXXX consulted with an attorney and found that since the lenders workout was considerably more than I could afford, I had effectively been denied a mortgage work-out and could apply for Mortgage Relief funds. She then spoke to a XXXX liaison, requesting the situation specific documents they would require in such a case. They requested a letter of explanation & special form available to counselors confirming that the client has not been offered a viable workout solution. 

On XX/XX/XXXX, I received a letter from the XXXX stating that I was not eligible for the program because Dovenmuehle was not participating. This prompted XXXX XXXX to contact both an attorney at the XXXX XXXX XXXX XXXX ( XXXX XXXX and the XXXX  She was told by the XXXX that they had been trying to get Dovenmuehle to participate without any luck. The attorney from the XXXX said the same thing. XXXX XXXX then spoke with the Supervising Attorney at her office, XXXX XXXX XXXX, suggesting XXXX XXXX XXXX XXXX XXXX XXXX send a letter to Dovenmuehle regarding Source of Income violations under California fair housing laws. Dovenmuehles non-participation in an emergency relief program was effectively denying me access to COVID relief funds, which in the case of renters, is a violation of California fair housing law. XXXX XXXX XXXX asserted that Source of Income protections also apply to mortgage relief. The attorney approved the action and worked with XXXX XXXX on a letter to Dovenmuehle. A letter from XXXXXXXX XXXX XXXX XXXX XXXX XXXX  was sent to Dovenmuehle on XX/XX/XXXX. 

Finally, on XX/XX/XXXX, after much back and forth, the XXXX contacted XXXX XXXX to say that they had a work around in place for Dovenmuehle and my client should resubmit her documents to the program. On XX/XX/XXXX Dovenmuehle appeared on their list of participating providers. On XX/XX/XXXX XXXX XXXX contacted the XXXX  to let them know that the application and all documents had been submitted. During this entire time, I was vulnerable to foreclosure with an unsigned workout option. 

On XX/XX/XXXX, the XXXX reported I had been approved for funding and they were sending the money to Dovenmuehle the next week. The XXXX then reported the following : funds were transferred XX/XX/XXXX, XXXX, for {$57000.00}. My understanding was that my loan would be brought current, and I would resume payments on XX/XX/XXXX. 

However, on XX/XX/XXXX, I reached out to XXXX XXXX again as Dovenmuehle was not accepting my payments and still recording the delinquency they had received XXXX funding for on my statements. That was XXXX months after the XXXX funding had been sent to them! 

On XX/XX/XXXX XXXX XXXX reached out to the XXXX for details regarding the transactions. The following information was provided : On XX/XX/XXXX XXXX indicated that XXXX owed {$57000.00}. which would bring her current through XXXX. On XX/XX/XXXX we sent an approval record for the {$57000.00} total ( this record essentially is a notification saying- we have approved the applicant, please let us know if the mortgage is no longer delinquent or has been sold, money will be sent in approx a week ). On XXXX we sent {$57000.00} : XXXX reference number : XXXX On XX/XX/XXXX we received from XXXX confirmation they have applied the money to the account. 

They added this comment : the XXXX statement will show the application of the funds, that means it took nearly XXXX months to apply the funds- which is well outside the expected timeline. 

In other words, Dovenmuehles behavior is outside the XXXX expected timeline and outside the norm with respect to what XXXX XXXX reports having experienced with other clients receiving XXXX funds. 

The next step for XXXX XXXX was to renew contact with Dovenmuehle. A new authorization was submitted and on XX/XX/XXXX, XXXX XXXX called Dovenmuehle again. However, after waiting for XXXX minutes on hold, the representative told her that she could not speak with her, stating that they did not have the same phone number on file as she had for me. This had not been an issue during previous calls between Dovenmuehle and XXXX XXXX. 

On XX/XX/XXXX XXXX XXXX tried Dovenmuehle again having collected all my phone numbers. She first asked Dovenmuehle why I was still in Loss Mitigation when the XXXX funds were transferred on XX/XX/XXXX. XXXX XXXX noted that Dovenmuehles negligence with respect to updating my account, left me without a payment amount. Escrow, principal, and interest needed to be updated for a real number to be available. Furthermore, I was not able to make my payment using the portal while in loss mitigation status. Both problems persist to date. That means I am charged an {$11.00} fee for making payments by phone. When XXXX XXXX asked the representative to reverse the phone charges, the representative was unable to do so. However, the representative did escalate the case and sympathized with my situation. 

Given the amount of time that had lapsed and the hardship incurred, XXXX XXXX suggested I submit a complaint to the CFPB. On XX/XX/XXXX, I decided to begin the process.