Consumer complaint received 2024-11-23 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: Valon Technologies, Inc.
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida [ Date : XX/XX/XXXX ] To : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX, IA XXXX Subject : Formal Complaint Regarding Irregularities in the Transfer and Management of My Mortgage Account ( # Loan Ending in XXXX ) Dear CFPB Representatives, I am filing a formal complaint against XXXX XXXX XXXX and Valon Mortgage for multiple irregularities and lack of transparency in the transfer and subsequent servicing of my mortgage loan. Despite numerous requests, neither servicer has provided the complete and detailed payment history required by law, nor have they conducted the necessary audits to ensure the accuracy of the account at the time of transfer. These failures violate both federal laws, including the Real Estate Settlement Procedures Act ( RESPA ) and the Truth in Lending Act ( TILA ), as well as Florida state laws regarding mortgage servicing and consumer protection. I request your intervention to ensure these entities fulfill their obligations and resolve this matter. 

Summary of Events Loan Transfer : In XX/XX/XXXX, my mortgage loan was transferred from XXXX XXXXXXXX XXXX  to Valon Mortgage. 
XXXX XXXX XXXX failed to provide a complete payment history or conduct an audit of the account as part of the transfer process. Instead, Valon Mortgage received incomplete and fragmented information, as evidenced by their inability to provide a full breakdown of payments dating back to the loans origination in XX/XX/XXXX. 
Repeated Requests for a Complete Audit : Starting in XX/XX/XXXX, I have repeatedly requested a full and detailed payment history, including a breakdown of how payments were applied to the principal, interest, escrow, and other charges from the loans inception. 
Valon Mortgage has consistently avoided providing a full audit or verifying the accuracy of the data transferred from XXXX. Instead, they have cited limitations, including their inability to generate a historical amortization schedule or audit how additional principal payments impacted the loan. 
Escalations and Delays : Valon Mortgage has repeatedly delayed addressing my concerns. Most recently, on XX/XX/XXXX, they requested an additional XXXX XXXX for an investigation, continuing a pattern of delay that has persisted for nearly XXXX XXXX 
Impact of Incomplete Information : The absence of a complete payment history has created significant confusion regarding : How payments were applied prior to and after the transfer. 
How escrow funds were managed, including contributions and disbursements. 
How additional principal payments were allocated. 
This lack of clarity prevents me from verifying the accuracy of my account and raises doubts about whether XXXX XXXX XXXX conducted a proper audit before transferring the account. 
Violations Identified Federal Violations ( RESPA and TILA ) : Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 2605 ) : Requires loan servicers to ensure that all account information, including payment histories, is accurately transferred during a servicing transfer. 
Mandates that servicers provide a detailed and complete payment history upon request, including an explanation of how payments were applied. Both XXXX XXXX XXXX and Valon Mortgage failed to meet these requirements.

Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) : Grants borrowers the right to understand how payments have been applied to their loan, including the allocation of principal, interest, and other charges.

Valon Mortgages refusal to provide a full historical audit of my account violates TILA by hindering my ability to verify and understand the status of my loan. 
State Violations ( Florida Consumer Protection Laws ) : Florida Statutes Chapter 494 ( Mortgage Brokerage and Lending ) : Mortgage servicers are required to act in good faith and provide accurate account information to borrowers. 
The repeated delays and incomplete responses from Valon Mortgage constitute bad faith handling of my requests.

Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ) ( Fla. Stat. 501.201 ) : Prohibits unfair or deceptive practices in the conduct of trade or commerce, including mortgage servicing.

The failure of Caliber Home Loans to provide a complete and accurate account history, combined with Valon Mortgages ongoing evasive responses, represents a potential violation of FDUTPA. 
Formal Requests I respectfully request the CFPB to take the following actions to ensure compliance with federal and state laws : Full Audit of the Loan : Conduct an independent audit of my mortgage account, detailing how all payments have been applied to the principal, interest, escrow, and other charges since the loans origination in XX/XX/XXXX. 
Review of the Loan Transfer Process : Investigate whether Caliber Home Loans conducted a proper audit of my account before transferring the loan to Valon Mortgage and whether Valon verified the accuracy of the transferred information.

Escrow Account Analysis : Provide a complete breakdown of all escrow contributions, disbursements, and adjustments to ensure funds were handled accurately and in compliance with RESPA.

Ensure Compliance with Legal Deadlines : Require Valon Mortgage to promptly respond to all future requests, adhering to the deadlines established under RESPA and other applicable laws.

Conclusion The failure of Caliber Home Loans to provide a complete account history during the transfer, combined with Valon Mortgages evasive responses and repeated delays, has created unnecessary confusion and uncertainty. These failures have prevented me from verifying the accuracy of my mortgage account and represent clear violations of both federal and Florida state laws. I request the CFPBs intervention to hold these entities accountable and ensure that my account is properly audited. 

Thank you for your attention to this matter. I am available to provide additional documentation or clarification as needed. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX XXXX XXXX

Company response to consumer: Closed with explanation