Consumer complaint received 2025-03-27 00:00:00
Product: Mortgage — USDA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — Trying to communicate with the company to fix an issue with the application process
Company: NEW YORK COMMUNITY BANCORP INC
State: TX

Complaint narrative:
Subject : Formal Complaint Against XXXX XXXX XXXX XXXX XXXX Violations, Unfair Foreclosure Practices, and Failure to Follow USDA Guidelines Under the CARES Act and Regulation X. 

Dear Sir or Madam, I am submitting this formal complaint against XXXX XXXX regarding their improper mortgage servicing practices, failure to comply with USDA Guaranteed Loan guidelines, and violations of the Real Estate Settlement Procedures Act ( RESPA ). These actions have caused me significant financial and emotional distress and have resulted in an unjust foreclosure process that contradicts federal protections afforded to borrowers. 

Background of the Case : I obtained a USDA Guaranteed Loan to purchase my home, and I had been making payments in good faith under the terms of my mortgage. During the XXXX pandemic, I applied for a forbearance under the CARES Act, which was supposed to provide temporary relief and assistance to struggling homeowners. However, XXXX XXXX  failed to properly process my forbearance and subsequent loan modification, committed fraud, was negligent, and mislead on multiple occasions, ultimately leading to the wrongful acceleration of my loan and an unfair foreclosure process, again, on multiple occasions. 

Violations and Misconduct 1.Failure to Comply with USDA Loan Modification Guidelines XXXX XXXX did not adhere to the USDAs COVID-19 relief policies and failed to request an exception to the 31 % modification cap, despite my financial ability to sustain the modified mortgage payment. The bank failed to communicate with USDA to obtain a waiver or alternative solution, thereby denying me the assistance I was entitled to receive. 

2.RESPA Violations and Unfair Servicing Practices- Repeatedly lost my submitted documents, causing unnecessary delays and misguiding me regarding modification options. Failed to provide accurate information about available assistance programs, including Texas Housing Assistance Fund, and improperly rejected partial payments that could have prevented foreclosure. Engaged in deceptive servicing practices that created undue hardship and financial strain. 

3.Procedural Due Process Violations The judge initially scheduled a hearing but later canceled it without notifying all parties of a rescheduled date, depriving me of the opportunity to be heard before ruling on XXXX  Motion for Summary Judgment. This lack of notice directly impacted my ability to present my case properly, violating my fundamental due process rights under Texas law. It has since been appealed.

4.Aggressive and Unjust Foreclosure Actions- XXXX XXXX  moved forward with foreclosure proceedings in bad faith, despite my eligibility for alternative solutions.

XXXXXXXX failed to comply with federal loss mitigation requirements under USDA servicing guidelines and the CARES Act, accelerating the foreclosure process unfairly. 

REQUEST FOR ACTION : Given the significant harm caused by XXXX XXXX  unlawful actions, I request the following relief : 1.CFPB : Investigate XXXXXXXX XXXX servicing practices, their failure to comply with federal and state laws, and their treatment of USDA loan borrowers. There is a long history of thousands of other homeowners/consumers experiencing this exact same behavior. 

2.Office of the Attorney General : Take appropriate legal action against XXXX XXXX  for consumer protection violations , including unfair and deceptive lending and foreclosure practices.

3.USDA Servicing Department : Review XXXX handling of my mortgage account and observe how they failed to adhere to USDA Guaranteed Loan requirements. When violations are identified, I request that you enforce penalties and require corrective action immediately. 

4.Immediate Mortgage Review : Require XXXX XXXX to reinstate my mortgage and approve a fair loan modification that aligns with USDA and CARES Act guidelines minus the fees/penalties. 

5.Compensation for Damages : Seek financial relief for the emotional distress, legal fees, and financial losses I have incurred due to XXXX XXXX misconduct . 

I have attached all relevant documentation, including my original complaint, motion filings, court orders, and can provide troves of evidence of XXXX XXXX  mismanagement of my mortgage when requested by your organization ( contains sensitive information ).

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