Consumer complaint received 2022-07-15
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — 
Company: OCEANSIDE MORTGAGE COMPANY (AZ)

I previously submitted claim number XXXX which was closed upon receiving response from Oceanside mortgage XXXX I do not feel the response provided is adequate, and this is a new complaint to provide new updated information. 

I was contacted by XXXX about my claim and provided with a direct number. This number she did not answer when I called, but when I left a voicemail she would reach out in XXXX hours. During our initial call, I laid out exactly what had happened, how I have been damaged by their negligence, and how I expected this to be resolved in a fair and expeditious manner. XXXX has proven to be another tool Oceanside has deployed in an attempt to manipulate the situation, violate laws and steal from me as a consumer. 

Mortgage Payoff and Loss Draft Insurance Checks To my knowledge, the summary of the calls and information provided is accurate, albeit missing many of the calls I made. Oceanside confirmed receipt of the money in question to pay off my loan in full XX/XX/XXXX. This is the date the payoff should have been processed for. I do not dispute the fact the company has up to 30 days to provide a complete payoff statement to XXXX XXXX, per applicable law they should have stopped charging fees as of this day since this was when they received all monies for the loan along with my letter of intent to use my funds for such purpose. 

There is a reference to a call made XX/XX/XXXX. I was advised they would have the payoff processed by XX/XX/XXXX. XX/XX/XXXX would have been 10 business days since their receipt of funds XX/XX/XXXX. XX/XX/XXXX would have put their processing of the funds at 15 days, beyond the expectation previously set by the agents I spoke with. The applicable regulations governing these statements are found 1026.36 ( c ) ( 1 ) ( i ) https : //www.consumerfinance.gov/rules-policy/regulations/1026/36/ # c On XX/XX/XXXX, Oceanside confirms their negligence in stating the work order was not opened timely to process the pay off on the intended date. At this point, Oceanside had been in receipt of my funds for the past 26 calendar days. That is right, 26 calendar days. Per applicable law, Oceanside should have applied the funds and recorded with XXXX XXXX a form stating my loan was paid in full by 30 days, XX/XX/XXXX ( please see A.R.S. 33-707 Acknoledgement of satisfaction ; recording and A.R.S. Liability for failure to acknowledge satisfaction ). 

In this same paragraph, Oceanside claims to have sent me a check in the amount of {$37000.00}. This is a lie. The check I received, as evidence by the attached deposited check from Oceanside, was received in the amount of {$35000.00}, a difference of {$2000.00}. Normally, I would attribute this to some kind of typo. But this amount is listed multiple times in this paragraph. As a response to a complaint filed with a government agency, I would hope Oceanside would take great caution in ensuring all information provided is accurate and true, especially with regard to numbers they themselves are providing. However, this is just another representation of the service and lies used by Oceanside in an attempt to defraud me of money. As I write this response, XX/XX/XXXX, I have not received a new check, mentioned in the Interest reimbursed paragraph, and can not confirm the amount of the supposed XXXX check or receipt. 

Interest reimbursed Reading this section gave me goose bumps. I literally laughed out loud because of how asinine Oceansides justification of funds is. The investor of the loan does not allow a payoff to be backdated. I completely understand mortgages as a business transactions, but when a firm is in violation of multiple federal and state laws/regulations, I would hope the investors would want to operate legally. However, this statement is a reflection of how it is more important for Oceanside and their investors to make money than be in compliance with the applicable federal and state law. 

The next section will detail a conversation I had with XXXX XX/XX/XXXX. During this conversation, and subsequent email, I advised the interest payment they were willing to provide was incorrect as well. They are basing this interest payment between XX/XX/XXXX and XX/XX/XXXX, a period where interest should have stopped accruing because they already received all funds for payoff. Beyond this, I had made my XXXX payment already XX/XX/XXXX. So this interest they were so nicely providing back, was actually a double-bill that should have been refunded anyways. This is not an acceptable resolution to this mess Oceanside has made me endure. 

Inaccurate payoff statements During our conversation XX/XX/XXXX, I advised XXXX of the discrepancies of the payoff statements. I was going to lunch and not in front of my computer at the moment, which I told XXXX. She advised when I get back to send me an email and include the statements I received. When I returned to work, I proceeded to type out an email titled Payoff Letter discrepancy to XXXX ( the email she requested I send it to ). I expressed concerns of her receiving this email as I was previously provided it in relation to another agent assigned to my case, but she told me not to worry and that all communications would be forwarded to her. I have attached the email showing not only what I typed out, but also the attachments sent to XXXX, also attached. 

I also want to note, that the conversation I had with XXXX on XX/XX/XXXX was held in front of my coworker XXXX, whom I was attending lunch with, as witness. 

During the phone conversation XX/XX/XXXX, XXXX and I discussed my frustration with this process. In the next paragraph I will go into detail with regard to the section in Oceansides response labeled Compensation for damages. However, I want to add here that on XX/XX/XXXX, I advised that at the time I submitted the complaint, my acceptable resolution was to receive the interest payment back. However, when we spoke XX/XX/XXXX, my damages incurred are now more than just an interest payment, which I will detail in the next section. 

Compensation for damages I am including all applicable receipts and documentation I have to support my request for compensation for damages. At this point, I am also updated my request for compensation for applicable damage to reflect my actual damages incurred to date, along with compensatory damages for my time spent and punitive damages as a measure this will not happen to anyone else. 

1. I am seeking a refund as outlined in my email sent with regard to the payoff statement in the amount of {$1000.00}. The details are outlined in the attached email, and this is the amount owed that was overcharged with relation to my payoff being processed late.

2. I request the additional amount I had to pay in closing due to your negligence and late processing ( by your own admission ) in the amount of {$2600.00}. 
3. My mortgage was originally supposed to close XX/XX/XXXX. Since that did not happen, I had not choice but to remain in my current rental for at least another month. I am requesting this be reimbursed as I was forced into staying due to the negligence and late processing by Oceanside. The amount of the rent sent is {$1500.00}. 
4. If the amount I should have received back from escrow was in fact the amount listed in the letter, I am requesting the {$2000.00} be sent to me as well Final thoughts In XX/XX/XXXX I lost my home. In XX/XX/XXXX, just over a year later, I have been put through tremendous mistreatment of Oceanside mortgage. They have violated laws and regulations, and have done so at the hands of numerous people in their organization. This isnt a failure by XXXX individual, this is an absolute collapse of Oceansides system that ultimately resulted in my rights and consumer protections being disregarded. I pray that if there is any good that comes from this situation, it is that I am made whole and this is a learning experience for Oceanside to prevent this from happening to anyone else. 

Throughout this experience, the agents of Oceanside has not provided adequate servicing of my mortgage. Their negligence and failure to provide answers and resolution have cost me time, money, energy, and ultimately caused undue emotional distress. This was not a case of an agent and I disagreeing on a simple manner, this is Oceanside putting aside the law in an attempt to defraud me. In the assignment of a case agent to resolve this manner, Oceanside has tried to paint the picture brighter by not doing thorough research, having open communication with me ( they only spoke to me twice since assigning a case agent, and XXXX of those times was in response to me calling them ). I have been a victim of Oceanside. Oceanside has stolen money from me, and has not done enough to make it right. They have violated several laws and regulations put in place to HELP PROTECT PEOPLE LIKE ME. I am insulted that Oceanside feels less than {$500.00} is enough to make me whole when I have explained specific damages incurred by them. 

This process has been drawn out and, to be honest, I am tired. I should not have to fight to have Oceanside follow laws to accept my payment on time. I should not have to call in many times for updates on what they are doing. I should not be told to just keep waiting and be patient because not XXXX person has answers, or the team that does have answers is unavailable by phone even to them. I should not have to wait 28 days to receive money back from escrow when the law states 20. I still do not see anything filed with XXXX XXXX saying my mortgage has been paid in full, albeit I did receive a letter saying this sent to me and me only. I should not be forced to come out of my own pocket to pay more due to the negligence of Oceanside. 

At this point, I pray this can be resolved once and for all in a way that makes me whole, and is fair. In the following of this document specifically I have included most of the laws and regulations Oceanside is in violation of not following for quick referencing. This is not a comprehensive list, as I only included the more major ones they violated, and not every specific one as this would make this document too large for me to type and review in a timely manner. 

Thank you, XXXX XXXX