Consumer complaint received 2026-03-24 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — An existing modification, forbearance plan, short sale, or other loss mitigation relief
Company: CALCON MUTUAL MORTGAGE LLC DBA ONETRUST HOME LOANS
State: PA

Complaint narrative:
My name is XXXX XXXX XXXX, and I am submitting this complaint regarding ongoing issues with my mortgage loan, which is currently serviced by CalCon Mutual Mortgage LLC, doing business as XX/XX/XXXX, and involves Schumacher Mortgage XXXX and XXXX XXXX XXXX XXXX. This matter is currently the subject of an active federal court case in the United States XXXX XXXX for XXXX XXXX XXXX XXXX Pennsylvania ( Case No. XXXX ). Despite the existence of this active dispute, the loan servicer continues to engage in improper servicing practices, inaccurate accounting, and actions that exceed the scope of the mortgage agreement. Most recently, in or around XX/XX/scrub> 2026, the servicer confirmed in writing that XXXX XXXX. XXXX was added to my escrow account and that tax disbursement was scheduled for that parcel. This action is improper and unauthorized. XXXX XXXX is solely owned by me and is not included in the mortgage instrument or its legal description. The mortgage encumbers XXXX XXXX only. Despite this, the servicer has taken steps to treat XXXX XXXX as if it were collateral securing the loan. Importantly, this conduct directly contradicts the servicers prior written statement. In an email dated XX/XX/year>2026, at XXXX XX/XX/XXXX, the servicer clearly acknowledged that only XXXX parcel is encumbered by the mortgage. This admission is consistent with the mortgage documents, which identify XXXX XXXX only. Despite this clear acknowledgment, the servicer has taken inconsistent and unauthorized actions by adding XXXX XXXX to escrow and attempting to disburse taxes for that parcel. This contradiction demonstrates a lack of accuracy and reliability in the servicers handling of the loan. I immediately disputed this action in writing, clearly stating that XXXX XXXX is not part of the mortgage and should not be included in escrow. To date, the servicer has not provided any documentation demonstrating authority to include this parcel or justification for its actions. This issue is not isolated. It is part of a broader pattern of conduct that includes : Misrepresentation of loan terms and structure Failure to apply credits and payments properly Inflation of loan amounts and payoff figures Improper inclusion of property not subject to the mortgage Ongoing inaccurate servicing and escrow practices Despite repeated disputes and requests for clarification, the servicer continues to act in a manner that increases my financial burden and creates confusion regarding what property secures the loan. This ongoing conduct is causing harm and uncertainty, particularly as it relates to the scope of the mortgage lien, the accuracy of the loan balance, and the handling of escrow funds. Given that this matter is already under active litigation, I am requesting that your agency : XXXX. Conduct a formal review of the loan servicing practices in this matter XXXX. Require the servicer to provide full documentation supporting their actions XXXX. Ensure that no property is treated as collateral unless properly disclosed and legally included in the mortgage XXXX. Address the ongoing inaccuracies and improper handling of escrow and loan accounting Applicable Pennsylvania Law and Legal Basis for Complaint : The issues described above are not only factual disputes but also raise serious concerns under Pennsylvania law governing real property, mortgage liens, and consumer protection. XXXX. XXXXXX/XX/XXXXXXXX Pennsylvania Recording Statute Under Pennsylvania law, any interest in real property, including a mortgage, must be in writing, properly recorded, and applies only to the property specifically described in the recorded instrument. If XXXX XXXX is not included in the mortgages legal description, it is not legally encumbered, and the servicer can not treat it as collateral securing the loan. XXXX. XX/XX/XXXX Statute of Frauds ( Pennsylvania ) The Statute of Frauds requires that any agreement involving real estate must be in writing and clearly defined. Accordingly, a mortgage can not be expanded verbally or administratively to include additional property. A servicer can not treat a parcel as collateral unless it is expressly included in the written mortgage agreement. XXXX. Established Pennsylvania Mortgage Law It is a fundamental principle of mortgage law that a lien attaches only to the property specifically described in the mortgage. If a parcel is not included in the legal description, it is not collateral for the loan and can not be treated as such. XXXX. Pennsylvania Unfair Trade Practices and Consumer Protection Law (XX/XX/XXXX) ( XXXXXX/XX/XXXXet seq. ) This law prohibits deceptive practices, misrepresentation, and unfair conduct in business. Where a servicer represents that only XXXX parcel is encumbered but later treats an additional parcel as collateral, such conduct raises concerns of misrepresentation and deceptive servicing practices. XXXX. Improper Loan Servicing Practices While mortgage servicing is also governed by federal law, Pennsylvania law recognizes that improper handling of escrow accounts, payments, and property designation may constitute unfair or deceptive practices. The inclusion of property not subject to the mortgage, along with inaccurate escrow handling, raises serious concerns regarding the accuracy and legality of the servicers actions.

Company response to consumer: Closed with explanation