Consumer complaint received 2025-10-15 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: Siwell Inc
State: IN

Complaint narrative:
Capital Mortgage Services of Texas Attn : Customer Service XXXX XXXX Department XXXX XXXX XXXX XXXX, TX XXXX Re : Qualified Written Request and Servicing Error Demand RESPA Compliance Loan Number : XXXX Property Address : XXXX XXXX  XXXX XXXX, XXXX XXXX IN XXXX Dear XXXX  Officer, Please find enclosed my formal Qualified Written Request ( QWR ) and Notice of Servicing Error submitted pursuant to the Real Estate Settlement Procedures Act ( RESPA ), XXXX U.S.C XXXX XXXX ( XXXX ) and XXXX C.F.R. XXXX. This correspondence demands investigation and documentation regarding multiple servicing violations and an unlawful property preservation event that occurred in XX/XX/XXXX while my loan was under your companys administration. 
Included in this package are : - The signed RESPA Demand Letter ( dated XX/XX/XXXX ) ; - Supporting documentation and correspondence from your office confirming a servicing error ; - Witness statements and police reports verifying the unauthorized property entry. 
Please note that under federal law you must acknowledge receipt within XXXX ( XXXX ) business days and provide a complete written response within thirty ( XXXX ) business days. All written responses and records should be mailed to my address above or sent electronically to XXXX. 
Thank you for your immediate attention to this matter. 
Sincerely, XXXX XXXX Enclosures : RESPA Demand Letter and Supporting Evidence CC : XXXX XXXX XXXX XXXX XXXX XXXX CO XXXX XXXX XXXX XXXX, MD XXXX Servicing XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX Phone : XXXX Email : XXXX Last XXXX of XXXX : XXXX Date : XX/XX/XXXX To : Capital Mortgage Services of Texas XXXX XXXX XXXX XXXX, TX XXXX Subject : Qualified Written Request and Servicing Error Demand RESPA Violation Notice Loan Number : XXXX Property Address : XXXX XXXX  XXXX XXXX, XXXX XXXX IN XXXX Dear Sir or Madam : I am the borrower on the above-referenced mortgage loan, originally serviced by your company, and this letter serves as a Qualified Written Request ( QWR ) and Notice of Servicing Error pursuant to XXXX U.S.C. XXXX ( XXXX ) and XXXX C.F.R. XXXX ( Regulation XXXX  ). 
I. Nature of Dispute and Errors Identified I am demanding a full accounting and investigation of my mortgage account and related servicing actions due to multiple servicing errors and unauthorized activity that occurred while you were the servicer of this loan. 
XXXX. Unauthorized Property Entry and Illegal Preservation Activity During the first week of XX/XX/XXXX, my home at XXXX XXXX XXXX XXXX, XXXX, IN was illegally entered and altered by individuals claiming to act under lender or servicer authority. I have written statements from the individual hired to perform this preservation, witness statements, and official police reports documenting the unauthorized entry, property removal, and resulting damages. These actions took place while I was in active written communication with Capital Mortgage Services regarding my account status. 
XXXX. Admission of Servicing Error Capital Mortgage Services, through your employee correspondence, admitted in writing that an error occurred when the account was misclassified as non-performing by XXXX ( XXXX XXXX XXXX ). You confirmed in writing that the account was later corrected to reflect it was performing and current. Despite this, the property was unlawfully entered and secured under the false pretense of delinquency. This constitutes a direct violation of RESPA and CFPB servicing standards for accuracy and borrower communication. 
XXXX. Failure to Maintain XXXX Homeowners XXXX While you were servicing this loan, my escrowed homeowners insurance premium was not properly disbursed, causing the policy to lapse without notice. This failure left the property uninsured during the XX/XX/XXXX preservation activity, creating further financial and material damage. This lapse is a clear violation of XXXX XXXX. XXXX ( g ) and XXXX C.F.R. 
XXXX ( k ). 
XXXX. Improper Account Communication and Failure to Protect Borrower Rights I received conflicting communications from Capital Mortgage Services and other entities claiming authority over this loan. At no point did I receive a valid foreclosure notice, acceleration warning, or due process as required before initiating any property entry or possession actions. 
XXXX. Documentation and Information Requested Under RESPA, I am requesting the following documents and records within the statutory timeframe : XXXX. A full and itemized payment history from origination to present. 
XXXX. Complete escrow account records and insurance disbursement details. 
XXXX. All internal servicing notes, communications, or system data referring to XXXX, the misclassification of non-performance, or correction notices. 
XXXX. Copies of any work orders or vendor authorizations related to property preservation in XX/XX/XXXX. 
XXXX. All correspondence sent or received by Capital Mortgage Services regarding this loans performance status. 
XXXX. The current note holder and contact information for any sub-servicer or third-party contractors. 
XXXX. XXXX Obligations Under XXXX U.S.C. XXXX ( XXXX ), you must : - Acknowledge receipt of this request within XXXX ( XXXX ) business days ; and- Provide a complete response within thirty ( XXXX ) business days. 
Failure to comply will result in formal complaints to the Consumer Financial Protection Bureau ( CFPB ), the Indiana Attorney XXXX XXXX, and referral to legal counsel for enforcement and damages under RESPA and Regulation X. 
IV. Mailing Instructions Please send all responses and supporting documents to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX or electronically to : XXXX Sincerely, XXXX XXXX XXXX : - XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX, CO XXXX - XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, MD XXXX - XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX

Company response to consumer: Closed with explanation