Consumer complaint received 2024-11-20 00:00:00
Product: Mortgage — VA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — Application denials
Company: Freedom Mortgage Company
State: TX

Complaint narrative:
Good morning, My good friend passed away in XXXXXXXX XXXX, after a battle with XXXX. In his Last Will and Testament, admitted to probate in XXXX XXXX, XXXX he devised the property located at XXXX XXXX XXXX XXXX XXXX XXXX to me. He had a VA loan serviced by Freedom Mortgage on the property. He also appointed me XXXX of his estate under his Will.

For the past 4 months or so, I have been in constant contact with Freedom Mortgage regarding this account, trying to get them to name me successor in interest. They required a long list of required documentation, all of which was provided to them. I have provided them with the Death Certificate, Last Will and Testament, Letters Testamentary appointed me Co-Executor of the Estate, and the recorded Executor 's Deed conveying the property at XXXX XXXX XXXXXXXX to me, all of which is of record in XXXX XXXX, Texas. I provided the last requirement, the recorded Executor 's Deed, on XXXX XXXX XXXX XXXX days ago. 

After providing the recorded Executor 's Deed, which was the last document required on the list they gave me, they came up with a new requirement, out of the blue, and insisted that I must provide proof that I am related to the borrower in order to be his successor in interest. I am not related to the borrower. I was his good friend of many years, and do not have to be a relative in order to be successor in interest. I explained to Freedom Mortgage, over and over again, that under the law in all 50 states, a person can leave their property to whomever they wish under their valid Last Will and Testament. Over and over again, they have misrepresented the law to me and stated that only relatives of a borrower can be a successor in interest, and that only relatives of a borrower can assume a VA loan. 

I recently spoke to an agent of Freedom Mortgage ( XXXX, ID # XXXX ) on XX/XX/scrub>XXXX XXXX XXXX regarding this issue. I informed him I would be recording the phone call in accordance with Texas law, as his company has lied and misrepresented the law to me many times over the past few months. I explained the situation, and he apologized for the confusion, and told me that they would be sending the paperwork needed for me to be named successor in interest, immediately. I received a letter dated XX/XX/scrub>XXXX XXXX XXXX which states " ... we are unable to confirm your status as successor in interest to the borrower for the above-referenced property because you are not a relative of the borrower. '' CFR 1024.31 defines a " Successor in interest '', in relevant part, as : " Successor in interest means a person to whom an ownership interest in a property securing a mortgage loan subject to this subpart is transferred from a borrower, provided that the transfer is : ( 1 ) A transfer by devise ... '' The borrower transferred this property to me by devise in his Last Will and Testament which was duly admitted to probate in XXXX XXXX, Texas. I provided Freedom Mortgage with all required documentation under the law. Under the law, I am successor in interest to this property. I have title to the property. I have been making payments on the mortgage from my own bank account. But still, Freedom Mortgage refuses to name me successor in interest. We are now well past the 45 days in which they were required to do so under consumer protection rules and regulations. 

I am at my wit 's end. This lender is refusing to comply with the rules and regulations they are bound to comply with, and has misrepresented the law to me over and over again. In addition to all the pain and grief of my friend 's death, and all the stresses of the probate process, this loan servicer is refusing to do their job and fulfill their obligations under the law. I have spoken on the phone dozens of times with agents at multiple departments, including management, have sent secured messages through their app, and have sent letters, and still they insist on proof that I am related to the borrower, otherwise they say I am not a successor in interest. 

Please help. I will be glad to provide any required information and details, and have documentation of these messages, phone calls and letters with Freedom Mortgage. Please see attached.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation