Consumer complaint received 2024-05-06 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: Data Mortgage Inc.
State: SC

Complaint narrative:
On XX/XX/XXXX I wrote my first complaints against this company, Complaint ID # - XXXX. Well since that time, after speaking with them regarding my forbearance, things have not been as they should be. It seems they are doing some underhanded, unscrupulous practices throughout this process. As you referenced to the first complaint you will see when the first forbearance begin and it was set to end the end of XX/XX/XXXX and the partial claim was due to start XX/XX/XXXX, as previously described in first complaint or so on XX/XX/XXXX. However, I was still having financial issues so I asked for an extension on the forbearance being that we are now in a new year. I was advised we could get maximum 6 months of forbearance in any giving year and since the first forbearance rolled over from XXXX through estimated end of XX/XX/XXXX, I said since the new year has started aren't I allowed to ask for another forbearance since I have still been having financial issues. They agreed to give me another 3 months forbearance provided I completed another financial assistance mortgage application and I did. On XX/XX/XXXX, they sent me the PDF financial assistance mortgage application to complete. I returned it via email on XX/XX/XXXX to the email address they sent the application to me from : XXXX. On XX/XX/XXXX, I spoke with XXXX in customer care, resolution team, who transferred me to XXXX, per my request, since she was the previous person I had been speaking with regarding my forbearance. Every once in a while you will get a decent person to talk to that understands what they are doing and what needs to be done. XXXX was this person. She was very patient, she wasn't rude like some of the others, she wasn't agressive like some of the others. She fully explained what needed to be done, she actively listened at me go over what I was being told and what was being done but what actually needed to happen. As I mentioned in last complaint, they drafted the partial claim XXXX/XXXX/XXXX, I didn't get it my postal mail until first or second week of XX/XX/XXXX. I was told that I had until the end of XX/XX/XXXX to get the partial claim back in to the office, even though I had not had it for 30 days. They told me it didn't go by when I received it but when they drafted or created the document, which I knew to be a falsehood. It's very difficult dealing with some of these reps. These calls are supposed to be recorded otherswise they can say they didn't say this or that. I have been given misinformation on several occasions. XXXX confirmed what I already knew and that was the partial claim was not based on when they created it on XX/XX/XXXX but indeed when I received it that I had 30 days from receipt to send it back in. The others were trying to tell me I was late sending it in and that if I didn't get it in by end of XX/XX/XXXX the partial claim would be denied. Shortly after this I was asked for the extension on the forbearance, they sent the application and I sent it back, as described above. I told by the rep that I spoke with regarding the extension of the forbearance, as I spoke with two different ones that day. I was told after I sent in the application for financial assistance with the supporting documents that they would have this escalated with a supervisor since we were nearing the end of the first forbearance by end of XXXX XXXX. After we completed going back and forth over the application and supporting documents, I was advised that my forbearance was extended for another 3 months, which means it would continue through XXXX, XXXX, XXXX of XXXX. I never received any notification of this approval, you would need to go back through the calls between us. Never was any notice but in the portal under the documents section, nothing to confirm they forbearance was extended even after I asked while on the phone will I get something in writing to show the forbearance was extended reflecting the dates of the extended forbearance and when the payments would be set to resume after the extended forbearance and the rep advised that a new partial claim would need to be created in order to put all the past due payments to the back of the loan so the loan can so current again. I have not received anything in writing to reflect the new details of the extended forbearance, and legally they are required to do so but have failed to generate these letters of notification but for certain the loan was granted the extra 3 months forbearance. I was told I could not use the first forbearance documents generated on XX/XX/XXXX now that the supervisor had approved me for the 3 months additional forbearance for XXXX. 
The problem with all of what I just wrote is, after verbally confirming that my forbearance was extended an additional 3 months, the resumed on what appears to be XX/XX/XXXX urging me to : Approval!, Urgent : Return Your Documents, You recently received an email and documents confirming the approval of your request for a Loss Mitigation workout. This is a significant step toward resolving your mortgage concerns, and we appreciate your cooperation throughout this process.To keep the momentum going, it is crucial that you return these documents via mail as quickly as possible. Your prompt response will help us expedite the review and ensure a smooth transition toward a resolution that suits your needs. -- -- this is part of what the email said. Now mind you no other partial claim documents have been generated/created for me to complete since I was verbally approved over the phone with the rep for the 3 months extension of the forbearance so this means they are still or was still asking for the partial claims documents to be sent in that was created on XX/XX/XXXX, after being told by one of the rude reps, XXXX, that I was prematurely approved for the partial claim and that I could not have both a forbearance and a partial claim at the same time. However, they are contradicting themselves. when they resumed sending the emails in XX/XX/XXXX to return the documents even though they said they were due by XX/XX/XXXX. They continued to send me email urging me to return documents that I was told didn't need to be sent in since the forbearance was/is extended for 3 additional months. I could not get too much in edgewise because this XXXX or XXXX kept rudely interrupting like I was her child and matter of fact type of attitude. How these people have a job is beyond me. They are so aggressive and nasty and mean, some of them. I have a right to talk, I have a right to ask questions to ensure we are all on the same page. They don't get to bully me and hang up the phone on me when I am trying handle my account with them. I asked for supervisor to call me back so I could report her for her actions and until this day, no supervisor has ever returned my calls so I could make a formal complaint against this rep, which took place on XX/XX/XXXX. They are not doing their jobs and some of what they are doing seems to be unscrupulous practices, unethical practices ... .they are not putting things in writing and then recently when you ask them to send you something in writing they will tell you they don't have anything they can send you in writing but they calls are recorded so they would have that if something came up. That is not how they are supposed to be doing business. Everything is supposed to be in writing. The forbearance is supposed to be up soon and not once have they generated a new Loss Mit : Forbearance Plan Offer-Suspended since the first one was created back in XXXX. It feels like they are doing this on purpose so they can try to steal my home via foreclousre but I promise you I won't allow that to happen. By any means necessary, I will stop them from doing that. They can't file a foreclosure without proper notice, and proper notice has not been given and proper notice should not be given when you are in a legal forbearance. 

The last time I wrote you about this yes the company responded by sending several of the same exact letters acknowledging they had received the complaint but nothing was done at all because look at what I'm still dealing with. They should not be allowed to go weeks and months without putting things in writing. They are supposed to give proper written notice when financial assistance is agreed up with the proper dates, they seem to think it's up to them and that they can do whatever they want to do because obviously their managers are allowing this. As a borrower I am entitled to proper notice, everything is supposed to be in writing and not just a phone conversation. This is not the proper process when dealing with mortgages. I'm getting ready to speak with an attorney about their practices because this is not right. The forbearance will be up soon and they have not drafted the proper and updated partial claim paperwork since the extended forbearance. After they kept urging me to send in the partial claim paperwork created on XX/XX/XXXX, I sent it via email and by their postage paid next day envelope. I was just notified that if was denied because I didn't get it in by XX/XX/XXXX. I was told not to send it in because of the extended forbearance and that new paperwork would be created for the new partial claim, I was told by one rep can't have a forbearance and partial claim at the same time but yet they continued to urge me to send in old null and voided partial claim documents. I wrote them back via email expressing the same that I am writing here. 

On XX/XX/XXXX I was contacted by XXXX ask about my 2nd mortgage so I could get caught up on that one. She begin to tell me about a repayment plan, I asked her to explain how that would work so I could see if I would be able to do it. It sounded like it was something that could work but then I asked her if I agreed to that would I get all this in writing, she advised me that there was nothing she would be able to send me in writing that we would have the recorded phone call. All of what these people are doing is not right and as I mentioned I am getting ready to get legal counsel to stop them from their unethical unscrupulous practices. Up til now now supervisor has called me since I made the request. Because I would not have any idea of when they would call I strictly advised that they would leave a message with the best phone number to call back. I was told there was no way to just call in and speak to a supervisor directly, the reps always take the message and claim to put in an internal supervisor callback request and advise you one will call but they can't guarantee when. Well that call never came and if it did no one ever left a message, which they are supposed to to acknowledge they were indeed calling back regarding my complaint about the workers nasty attitude. Some of them are awful They should not be allowed to talk to you like that and mean and nasty even if you are sounding frustrated with their process, they should not be taking that personally. Being told different things and then then them not doing what they said while on phone, not putting things in writing and still sending emails asking for documents that I was told not ot send back, would frustrate anyone. 

The phone number I would call when speaking with Loss XXXX, was XXXX ( the number on their company documents. Whenever they call me it mostly comes from XXXX. 

I have included attachments to show the conversation history and document history between us to prove they have not been sending proper notice, that they have not been putting things in writing once we have agreed upon an approval. They are supposed to send me that updated forbearance letter and a new partial claim but up til now they have not, along with all the other stuff I have advised of here today.

Company response to consumer: Closed with explanation