Consumer complaint received 2025-03-07 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: Southwest Business Corporation
State: NY

Complaint narrative:
On XX/XX/XXXX, my home suffered a structural fire deemed a complete loss by XXXX XXXX ( my XXXX XXXX insurance adjuster ). I have been considered homeless for 1.5 years now, forced to live in my un-insulated machine shop ever since with my family members displaced in slum apartments in two different counties because of the extreme housing costs in the XXXX XXXX. 

I mailed an Insurance Claim Check, Mortgagor 's Intent to Repair, Insurance Adjuster 's Estimate and {$7200.00} blueprints to SWBC as per their requirements. Documentation was received XX/XX/XXXX by it's agents. An active escrow account was opened as per procedure. On XX/XX/XXXX the account was terminated and no reason was given by SWBC or it's agents, and they failed to notify the principal, me, that the escrow account was terminated on XX/XX/XXXX. 

After waiting 3 months for the disbursement check that never arrived, my scheduled contractors began to cancel scheduled work since there were no funds available to begin work. I contacted SWBC and 2 days later, an employee named XXXX ( extension number XXXX ) finally advised that the escrow account was terminated on XX/XX/XXXX. I was not given a reason as to why or who terminated the escrow account. Again he was forewarned of the narrow rebuilding window because of the harsh winters in the XXXX XXXX of New York State. SWBC employees requested via phone that XXXX XXXX ( my homeowner 's policy insurance broker ) reissue another settlement check. Because of these bad faith business practices I was given no choice but to hire an attorney ( XXXX XXXXXXXX ) at further expense to figure out who actually terminated the escrow account since SWBC employees lied and claimed it was XXXX XXXX that terminated the settlement check. 

Attorney XXXX was able to have XXXX XXXX ( the XXXX XXXX insurance adjuster ) immediately mail out another check and stated that there was nothing wrong with the first check that was issued. After mailing out the new check, SWBC employees were again forewarned about the narrow building window, and they took their time to issue the first disbursement, at which point the ground was already frozen on the property and snow had already begun to fall so no construction could take place until late XXXX or possibly XXXX of XXXX due to the excessive ground frost that they were forewarned about. I'm still waiting on my excavator contractor for his OK for when we can start breaking ground for the foundation. 

Establishing contact with any employee at SWBC has been near impossible. Their phone number available on their website leads to an automated system in which you leave your name phone number for an employee to contact you 2 days later at a random time. There is no way to directly email your account manager. SWBC 's system of communication makes it deliberately difficult for account holders to reach their account manager. 

Because of the Unlawful Breach of Banking Law, Breach of Trust, and Breach of Fiduciary Duty as Escrow Agents committed by SWBC, XXXXXXXX XXXX ( SWBC 's outsourced mortgage lender ) and it's Agents, the scheduled contractors canceled work last XXXX and scheduled actual paying jobs, because of the narrow weather window in the XXXX XXXX. Escrow agents were forewarned about this numerous times and still chose to withhold funds, so the rebuilding process could not proceed. The date of completion has now been completely jeopardized by SWBC, XXXX and it's Agents to the delight of XXXX XXXX, with the possibility of withholding Replacement Cost, due to the Two-Year Limitation Clause, in order to maximize profit, as previously discussed by legal counseXXXX XXXX XXXXXXXX with XXXX XXXX. It is now at my XXXX discretion when he will break ground due to the current three feet of ground frost and the reluctance of breaking his equipment, rendering the job unprofitable. 

SWBC, XXXXXXXX XXXX  and it's Agents are liable for the Harm and Duress caused by their Breach of Banking Law, Breach of Trust, Breach of Fiduciary Duty as Escrow Agents and raising the mortgage payment {$90.00} per month to reflect an additional monthly payment per year, or an extra {$1000.00} per year in order to maximize their profit margins.

Company response to consumer: Closed with explanation