Consumer complaint received 2024-06-12 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: 21ST MORTGAGE CORP.
State: OK

Complaint narrative:
XX/XX/XXXX we completed a purchase agreement with XXXX XXXX for an XXXX XXXX  home. We were told by XXXX that it would take 6-8 weeks for the factory to prepare and ship the modules and another 6-8 weeks after delivery to set them on the foundation and complete all of the site work ( floors, counters, plumbing, spray foam, ect. ). We were connected with one of their preferred lenders, 21st Mortgage, and told that the loan was supposed to have multiple draws ( e.g. delivery, substantial completion, final walkthrough ) similar to a construction loan and then automatically convert into a conventional loan. The loan documents we signed also contain a disclosure that according to 21st Mortgage " contemplates multiple draws. '' XX/XX/XXXX the modules were delivered and placed on the permanent foundation. We were provided a delivery certification to sign which was confusing and seemed to contradict itself. It indicated that we were certifying that the home was " substantially complete '' but also indicated that it did not consider any of the work to be completed on site. At this time the home did not have floors, plumbing, counters, finished drywall, ect. We contacted 21st Mortgage to clarify. We informed them that the house was not " substantially complete '' and were told that this document was only certifying that the house had been moved to the permanent foundation. Still under the belief that there were multiple draws we signed the document. 
XX/XX/XXXX the home is still far from complete so we contacted 21st Mortgage to see how much of the loan was left to be paid and informed that they had already paid the entire amount to XXXX based on us having signed the delivery certification. We were told that the loan wasn't setup to have multiple draws and that we signed the delivery certification confirming that the home was substantially complete. Upon inquiring as to why we were told differently and if that was the case why did our loan documents discussed multiple draws we were told that they would initiate an investigation into how this happened but refused to provide any information related to the investigation. 
XX/XX/XXXX after numerous attempts to get information related to the complaint and being told that they tried to help resolve the matter with XXXX and that our loan was not setup to have multiple draws I requested to speak with a supervisor but was sent to legal counsel. Their lawyer informed me that there was no investigation into how/ why I was mislead ( another blatant lie ) and accused me of berating their employees and doubting their sincerity because I continually pointed out that they kept referring me to the same agencies that had no jurisdiction in the matter and therefore the " help '' was not any help. Ironically, the same lawyer indicated that it only took ten minutes to determine that none of the places they sent me for " help '' were useful and my only remedy was to sue 21st and / or XXXX. Yet they continue to stand on the strawman logical fallacy of " trying to help '' while referencing the same agencies that they know aren't any help... so how can it be anything other than disingenuous? 
While I would sincerely appreciate assistance resolving the issue with XXXX it does not explain or remedy the fact that deceptive language ( verbal and written ) was used and it is now 7 months after delivery and the home is still not finished. Moreover, XXXX homes has consistently failed to use certified contractors and perform work in a timely or workmanship like manner. They have repeatedly failed to follow building codes and manufacturer installation instructions ( voiding product warranties ). They continually claim that they never do things that are clearly required by code or that they always do things that are clearly prohibited by code.

21st has sent correspondence indicating that they consider this matter closed because they were informed by XXXX that all concerns had been addressed. However, they made no attempt to verify that this was actually the case. In fact, the owner of XXXX was out two months ago to perform a walkthrough and as it stands most of the issues identified on that visit have yet to be addressed ; so any assertion that they have been or that we have indicated that all work has been performed satisfactorily a barefaced lie. Additionally, XXXX owes us money and has told us numerous times that they are going to send it, but have failed to do so. We are outside city limits- so there is no code enforcement to help make sure things get done correctly and having a loan with multiple draws was our only protection.

Company response to consumer: Closed with explanation