Consumer complaint received 2025-08-09 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: AmWest Funding Corp.
State: TX

Complaint narrative:
This complaint is a formal appeal of the closure of Complaint No. XXXX based on new, material information received from AmWest on XX/XX/XXXX. This evidence confirms that AmWest created an escrow account and added significant monthly charges to my mortgage based on a false claim of default, in direct conflict with Texas law, my mortgage agreement, and the factual history of my account... within six calendar days of CFPB closing my complaint. 

* Background and New Evidence * On XX/XX/XXXX, AmWest issued a written notice stating that, effective XX/XX/XXXX, {$440.00} will be added to my monthly mortgage payment due to the creation of an escrow account. 

The stated reason for opening the escrow account was that I had defaulted on my loan terms by failing to pay my XXXX property taxes. This claim is factually incorrect. By XX/XX/XXXX, I had paid ~70 % of my XXXX property taxes. 

AmWest opened the escrow account despite knowing there was no risk of property seizure, based on : 1. County confirmation that my XXXX XXXX XXXX is being processed, will apply retroactively starting with tax year XXXX, and credit adjustment is forecasted to reduce my remaining XXXX tax balance from {$3700.00} to approximately {$340.00}. 
2. My valid Tax Deferral Affidavit, sent directly to AmWest, filed under Texas Tax Code 33.06 and 33.065, which defers all remaining property taxes until I sell my home or die.

AmWest had all the above supporting documentation in its possession including a XXXX contact and phone number for them to call and verify that collections were on hold because of the exemption and affidavit before opening the escrow account. I had also submitted * * five formal disputes * * objecting to the creation of any escrow account before I submitted the original CFPB complaint.

Despite these facts, * * AmWest deliberately opened an escrow account without my consent, fully aware that my remaining XXXX tax balance would be reduced to approximately {$340.00} within 60 days * *. This account opening and whatever amount they paid to XXXX XXXX was an overpayment, unnecessary, and served no legitimate purpose other than to manufacture a false debt. AmWest is now using this inflated, self-created obligation as leverage imposing a {$440.00} monthly escrow charge and threatening foreclosure if I do not pay. The timing and circumstances make clear this was a calculated action ( after the CFPB closed my original complaint ) to exert pressure and gain control over my property, not to protect any legitimate interest.

* * Legal and Factual Concerns * * * AmWests claim of default is false and directly contradicts both the terms of my mortgage and Texas law. 
* Their stated justification to protect their interest and prevent county seizure is invalid because my valid tax deferral affidavit eliminates any such risk.

* By paying the full {$3700.00} despite knowing the lawful reduction and deferral were in place, AmWest created an artificial debt obligation that is * * not legally collectible * * under Texas Tax Code 33.06 and 33.065.

* The timing of this action, immediately after my original CFPB complaint, suggests it is retaliatory in nature.

This situation has created unnecessary financial burden and the unjustified threat of foreclosure, all stemming from a knowingly fabricated debt.

Company response to consumer: Closed with explanation