Consumer complaint received 2025-05-02 00:00:00
Product: Mortgage — Other type of 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: Village Capital & Investment LLC
State: TX

Complaint narrative:
To Whom It May Concern, Re : Complaint Regarding Fraudulent Mortgage Refinance Application Village Capital & Investment, LLC I am submitting this formal complaint concerning a fraudulent mortgage refinance application submitted by my husband, with whom I jointly own a home. We are currently in the midst of an active divorce case in XXXX XXXX, Texas. I did not authorize, consent to, or have any prior knowledge of this refinance attempt. This was done without my knowledge or approval or consent. 

On or about XX/XX/XXXX, my husband submitted a refinance application to Village Capital & Investment, LLC, without informing me or obtaining my required signature. This action occurred despite my name being listed on both the title and the mortgage. Furthermore, the application contained multiple false and material misrepresentations, including : Claiming to be a " single, unmarried male with no dependents, '' Omitting the fact that he is under a court order to pay XXXX XXXX for XXXX dependent, Attempting to refinance marital property without court approval or mutual consent, which is a direct violation of the courts Standing Orders prohibiting the sale, transfer, or encumbrance of marital assets during ongoing divorce proceedings. 


I discovered the attempted transaction only after paperwork was mistakenly mailed to our marital residence. Upon calling Village Capital & Investment, I spoke with XXXX XXXX XXXX, the representative handling the application. During our conversation witnessed by a third party on a three-way call XXXX XXXX confirmed that he had been unaware of my husbands marital status and stated that the application would not have proceeded had the true facts been disclosed. Upon learning the truth, XXXX XXXX verbally assured me that the transaction was canceled to avoid professional liability and potential fraud. 

However, to date, I have not received any written confirmation that the refinance was officially canceled or that my financial interests are protected. This incident appears to be a willful attempt by my husband to misrepresent his legal and financial status in order to obtain financing under false pretenses. I believe this conduct constitutes mortgage fraud and may also involve violations of the Truth in Lending Act, as I, a co-owner, was not provided with the required disclosures. 

Supporting documentation available includes : Screenshots of my call log with XXXX XXXX, Witness testimony from the third party present during the call, Documentation of the attempted refinance transaction, A copy of the courts Standing Orders, Proof of our ongoing divorce litigation. 

Given the severity of these actions, I respectfully request an immediate investigation into this matter by the appropriate regulatory authorities against my husband and I also urge Village Capital & Investment, LLC to : XXXX. Cancel and reverse any pending or initiated actions related to this refinance, XXXX. Confirm in writing that no new mortgage or financial obligations have been or will be placed on the property without my express written consent. Send me all orginal documents of the application without required signaturesA fair resolution would include the immediate cancellation of any refinance application submitted without my knowledge or consent. I request written confirmation that no new loan, lien, or financial obligation will be placed on the property without my express, written approval. Additionally, I would like to receive a full copy of the original mortgage application, including any signed documents and the business affidavit, which I will be formally requesting. 
I also ask that the lender conduct a full internal investigation into the fraudulent application and take appropriate action against any individual who knowingly submitted false information. If misconduct is confirmed, I believe consequencessuch as referral to legal authorities or regulatory bodiesare appropriate. Finally, I request that the lender correct any internal records and implement safeguards to prevent this from happening again. 

I am prepared to fully cooperate and provide all relevant documentation to support this complaint. Please advise if additional information is required. 

Sincerely, XX/XX/XXXX

Company response to consumer: Closed with explanation