Consumer complaint received 2025-05-06 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: AMERISAVE MORTGAGE CORPORATION
State: AR

Complaint narrative:
* * TO : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   Subject : Formal Escalation of Complaint Against AmeriSave Mortgage Corporation Contradictory Conduct , Incomplete Responses, and Procedural Violations * * To Whom It May Concern, I am formally escalating this matter regarding AmeriSave Mortgage Corporation 's handling of my mortgage and related servicing issues. Despite repeated requests, AmeriSave has failed to provide full responses and documentation necessary to resolve the material discrepancies I identified in my original complaint and supporting affidavit. This letter outlines contradictions in AmeriSave 's conduct, details what information has been provided, and enumerates the critical elements that remain unanswered. 

XXXX - # # # Contradictory Conduct : * During my loan closing process, AmeriSave explicitly stated that * * they could not proceed without all required documentation * *, including signatures and approvals. 
* In contrast, when I as a borrower * * requested essential loan documents, payment histories, disclosures, and servicing records * *, AmeriSave * * continued to escalate the matter * * ( including reporting to credit agencies and issuing a pre-foreclosure notice ) * * without providing those materials * *. 
* This unequal application of documentation standards reflects * * bad faith * *, violates basic principles of * * fair dealing * *, and may constitute * * maladministration or unjust procedural conduct * * under RESPA and TILA.

-- - # # # What Has Been Provided : AmeriSave has issued a generic letter ( dated XX/XX/XXXX ) referencing : * Their claim that I am delinquent since XX/XX/XXXX. 
* A balance breakdown of principal, interest, and late fees totaling \ {$200000.00}. 
* Amortization Schedule, Escrow Analysis, and Loan Statements ( only after pressure was applied ). 
* A Loss Mitigation Denial Letter ( after CFPB closed the initial complaint ). 

These items have been received * * without adequate explanation, context, or reconciliation against my formal document requests. * * -- - # # # What Remains Outstanding : 1. * * Full chain of title and all assignment documents * * for both loan numbers XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
2. * * FHA Form 92900-A * *, which was never presented or signed, despite being federally required. The form, which is a federally mandated disclosure instrument under the HUD/FHA program XXXX is essential in affirming both borrower and lender understanding of the terms and compliance obligations under the FHA-insured mortgage process.The forms absence at the time of closing renders the mortgage contract incomplete and materially defective. It has been acknowledged by AmeriSave Mortgage Corporation in previous correspondence that this document is " crucial, '' yet no signed copy has been produced, and it was never disclosed or signed by the borrower. 

As a result, the mortgage agreement fails to meet the standard of a valid contract as defined under both federal law and Arkansas contract law. This raises significant legal questions as to the enforceability of the contract and the legitimacy of any post-closing actions including credit reporting, fee accruals, foreclosure notices, and servicing transfers. 

The following legal grounds are presented in support of this concern : XXXX. RESPA ( 12 U.S.C. 26012617 ) : Requires clear and timely disclosure of all material terms prior to consummation of a mortgage.

2. Truth in Lending Act ( 15 U.S.C. 16011667f ) : Requires that borrowers receive complete and accurate disclosure of credit terms.

3. HUD Handbook 4000.1 and FHA Case Law : Specify the FHA Form 92900-A as a required form for all FHA loans XXXX to be signed and disclosed prior to endorsement. 

Precedent and Regulatory Citations : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Contracts executed with material omissions deemed unenforceable. 
- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : Found improperly executed or transferred contracts to be void. 
- HUD Mortgagee Letter XXXX : Reinforces the obligation to execute the FHA XXXX in full. 

4. * * Servicing transfer documentation * * to XXXX, including borrower notification timelines. 
5. * * Explanation for dual statements about modification status * *, and documentation of verbal promises made regarding that status. 

-- - # # # Request for Agency Action : I respectfully request that the CFPB : * Reopen my case under a new complaint ID or restore activity to the existing complaint. 
* Demand that AmeriSave comply fully with all discovery obligations under RESPA. 
* Hold AmeriSave accountable for procedural inconsistencies and failure to honor borrower inquiry rights. 
* Demand further investigation and regulatory enforcement against AmeriSave Mortgage Corporation for possible origination fraud, disclosure violations, and contract defects. We ask the CFPB and the Arkansas Securities Department to recognize the failure to provide this crucial document as grounds for appropriate regulatory and legal review. 


I reserve all rights and remedies under federal and state law and consider this a continuing part of an ongoing dispute until resolved by either adjudication or written satisfaction. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation