Consumer complaint received 2024-02-21 00:00:00
Product: Mortgage — Conventional home 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: WALLICK AND VOLK, INC
State: TX

Complaint narrative:
Since XX/XX/XXXX, I have been trying to navigate the loss mitigation department and receive help during a time of borderline illegal activity by my employer resulting in lost wages. I applied in XX/XX/XXXX. I checked in XX/XX/XXXX for an update by calling and checking the website. Both systems stated my application was complete. I had to call in multiple times to get someone to tell me a letter wasn't the " right type '' despite me following all instructions in their packet. Months went by with me trying to get help and no one responding to me. I finally called the servicing manager and got her involved, stating that I am filing a complaint against the servicer. The manager took my complaint and forced the servicer to communicate. At this time, I had a completed application. I had to argue over multiple calls about the difference between deferment and forebearance, which I was told are the same thing multiple times. After several calls, I was told the ONLY thing I can get is a forebearance, but that they can certainly do the deferment at the end of it. Then I was told they won't even look at other options. I was told that I cant work out how to repay them until the forebearance has ended.

During the forebearance, I was being charged XXXX XXXX  extra a month and NO ONE could tell me why. I asked multiple times to work out the repayment for the end of the forebearance, and this was refused every time by the agents. I was pestered the ENTIRE TIME of going through Loss mitigation with several different modification packets sent to me, despite me having already completed steps to get other options evaluated. On top of these multiple packets. I was called every few days after each packet was sent with the agents demanding payment. They continually stated that I had " agreed to a trial modification plan and need to make the first payment. '' Never once have I agreed to a trial modification plan before typing this. As we got closer to payments resuming, these calls became more and more aggressive by the servicer to force me into the modification plans they continually sent me and told me I had already agreed to. I was even told at one point that I agreed verbally. At this point in the harassing, demeaning, and threatening calls from the servicer, I made it clear that their lies would not be tolerated as I record my phone calls. This was said in response to me having " verbally agreed '' to the modification plan. At this point, the company took it upon themselves to inform me that they would no longer speak with me since recording the phone call is illegal. I called them out that it was NOT illegal, and they then switched to it being against their policy to speak with me if I am recording. While the companies are based in Illinois, I live in Texas, The company office I called for a mortgage is in Texas, The loan originated in Texas, and if there are two states involved in dispute, federal law trumps state law, meaning since its two states, either A : where the loan originates and the property is located is the basis for law, or B : Federal law takes precedence. It is illegal to refuse to speak with me when I have not harassed, attacked, or threatened you, nor have I been belligerent nor profane and we have a business relationship in which money is owed by me to you and I am attempting to figure out repayment per the Servicing Guidelines and mortgage contract. Fair and timely communication and negotiation are part of a servicers job when a borrower has initiated the loss mitigation process. I have NEVER received fair and timely communication by the servicer, and the servicer even outright refuses to answer my questions truthfully. I had to contact the servicing manager again, who had told me she would no longer help me after calling me at XXXX in the morning. I was not able to record this phone call because it was so short and was not during the times I am available. I was told the servicing manager was " stepping out of it since I am not working with her. '' I was going quiet for several seconds at a time to think as I was woken up in the middle of what was currently my night. This and my questions about the deferment and mortgage lies are what she called, " not working with her. '' She then had me deal with the servicer directly again. This shows a lack of good faith regarding not only the filing, but investigation and result of my FORMAL COMPLAINT that I had made to her earlier in the year. I had to reach back out to the servicing manager after the servicer refused to speak with me on the phone, as they stopped talking to me on the phone, DURING A PHONE CALL REGARDING UNDERWRITING, FORECLOSURE SPECIALISTS, AND ANSWERS THAT I STILL HAVE NOT BEEN PROVIDED. I can not make payments online, nor can I even view my loan anymore online. It tells me to contact the servicer, which they refuse to discuss the information surrounding my loan and account as I record on the phone. So I am now unable to access my loan information online, can not speak to someone on the phone about the bs they have pulled as EVEN A SUPERVISOR WITH THE SERVICER HUNG UP ON ME FOR RECORDING, and anyone with actual knowledge of what was happening with my loan was unavailable everytime I called. I always asked, " can I speak to them then so I can get more information '', and in direct violation of XXXX XXXX policies, there was never someone available. The only time someone reached out to me was at XXXX in the morning. I had stated several times that I am only available after XXXX, and had asked for notes to be put in my file for that, as I work in a PCI compliant field, insurance. The person who reached out to me at XXXX XXXX  refused to call me back after XXXX. He stated that he is " only in the office til XXXX each day '', so thats impossible. Fannie Mae dictates that he is required to be available during all operating hours, not just until XXXX. I informed him that he almost cost me my job by ignoring the directives that should be in my profile. He ignored what I said and told me he can talk now so what are my questions. I told him no, Your company refuses to speak with me on the phone and it is outside my availibility. An email was sent to you by the servicing manager, you can reply there. It should not take an email from the servicing manager to get him to call me regarding legitimate concerns I had submitted 3 times already. I hung up on him after he said he would reply to the email. Once he replied, he not only refused to answer my questions, but tried to answer them in a way that gave me XXXX information and painted a false timeline of events. I called him out in a response email immediately. I had responded 20 days later, when he failed to reply, asking why I am not receiving a response to serious concerns. I reiterated the illegality of the company 's actions and how I had been treated. I have still not received a reply back, and its been over a month At this time I was now receiving calls that I can see are part of the process to foreclose my house based on calling randomly throughout the day, but only 1 day did I receive a call after XXXX XXXX. I was not made aware the call was coming, and missed it due to working. I emailed a response to the XXXX stating I had missed the call but would be available the next day at the same time as I did not realize it was not the XXXX calling to answer my questions at that time. Thus, my complaint is that for over a year I have been engaging in good faith negotiations with the intention to get and remain caught up on my mortgage while the servicer has not only consistently refused to enter good faith negotiations with me, but has lied outright multiple times regarding key aspects of my account and story. The actions taken by XXXX on behalf of Wallick and Volk are unnaceptable, illegal, and meant to maliciously oppress their consumers. I have suffered irreparable mental health damage and financial loss due to the illegal actions of these companies over the course of the events. These actions have left me fearful of all lenders being as predatory as W & V, fearful that I will be illegally left without a home, fearful that my wife will leave me if that does happen, and on more than one occasion, pushed me to the brink of suicide. The only thing my wife and I could be proud of, was the foundation we had built. Now, I can no longer take pride in the only thing that gave ME confidence either. Since XXXX, my credit has never dropped more than a few points. If I recall right, it hasnt been below a XXXX since I was XXXX. My financial foundation I have worked on since I was XXXX has been completely ruined due to the shady, fraudulent, and maliciously oppressive tactics used by these companies to force me into a modification plan that raises my payment by XXXX dollars a month, minimum, without ever even attempting to actually help me. This is a direct breach of contract with XXXX XXXX, a direct breach of the mortgage contracts " fair and timely communication '', and a direct violation of my rights under Lender Liability Law and my rights as a consumer as defined by the CFPB and FTC. 
The only reason I am considering allowing the company to force me into a trial modification plan is so that they can not take my house away from me and my family, especially considering I work from home now, which would leave me jobless as well. 
I am requesting action be taken on a legal level as this farce has gone on for too long and has impacted my health far too much. This lender and servicer should be brought to face justice. The fact that they refuse to speak to me on the phone once they found out I am recording leads any reasonable and prudent person to believe they knew they were violating rules, laws, and regulations with their actions. In addition I was required to pay for mortgage insurance, despite the mortgage being less than 50 % of the value of the house. Since the house was contracted we have had over 50 % equity, if you count it that far back. The house was contracted long before the morrgage happened. Forcing us to pay for an insurance that is supposed to HELP THE MORTGAGE LENDER RECOUP LOSSES IF WE DEFAULT is unacceptable when they would be doubking their money at market value, and at foreclosure value can literally make their money back WITH PROFIT. From day 1, this has felt like Wallick and Volk and XXXX are targeting individuals they believe they can bully into giving up their homes, as evidenced by the HUNDREDS of complaints I found just by searching the XXXX, not even counting any others out there, that are individuals going through similar fraudulent and oppressive actions from these two companies.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation