Consumer complaint received 2026-01-21 00:00:00
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — Fees charged
Company: NEW YORK COMMUNITY BANCORP INC
State: SC

Complaint narrative:
RE : Qualified Written Request Under RESPA Section 6 ( 12 U.S.C. 2605 ) ( Formal Complaint - Failure to Remove Promised Late Fee Waivers ) NOTICE OF QUALIFIED WRITTEN REQUEST Dear Sir or Madam : This letter constitutes a Qualified Written Request under Section 6 of the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605. I am writing to formally dispute late fees that were improperly assessed to my VA home loan account and to demand their immediate removal.

BACKGROUND AND TIMELINE 1. ) My VA home loan was originally serviced by XXXX XXXX and has been transferred to XXXX XXXX XXXX XXXX ( current servicer ). 
XXXX. ) In XX/XX/XXXX ( approximately XXXX months ago ), my mortgage had accumulated approximately XXXX months of late payments due to a delay in receiving my VA XXXX compensation benefits. I am an 100 % XXXX veteran and was unable to work while waiting for these benefits. 
XXXX. ) Upon receiving my VA compensation payment, I immediately paid a lump sum of approximately {$17000.00} to bring my account current on XX/XX/XXXX. 
XXXX. ) At that time, XXXX XXXX representatives PROMISED me on a recorded call that late fees would be removed if I provided proof that late payments were due to the delay in receiving my VA benefits and not deliberate non-payment. 
XXXX. ) I provided the requested documentation via email demonstrating that I was awaiting VA XXXX compensation and that the delay in payments was due to circumstances beyond my control. 
XXXX. ) Despite this promise and my provision of the required documentation, the late fees were NEVER removed from my account. 
XXXX. ) I never received a response to my email submission of the required proof. 
XXXX. ) When I contacted XXXX XXXX XXXX XXXX ( the current servicer ) about this issue, they indicated they have no record of the promise made by XXXX XXXX 
XXXX. ) We are now in XX/XX/XXXX over XXXX  months since the promise was made and over XXXX months since I paid {$17000.00} to bring my account current. 



THE PROBLEMS Late fees totaling approximately {$530.00} remain on my account despite : My fulfillment of the payment obligations ( {$17000.00} lump sum payment on XX/XX/XXXX ) My provision of required documentation proving the late payments was due to circumstances beyond my control ( VA benefit delays ) The written promise from the previous servicer to remove these fees upon receipt of documentation My status as a 100 % XXXX veteran with a XXXX home loan No response from XXXX XXXX after submitting the required documentation Over XXXX  months of inaction on this matter EVIDENCE I have the following documentation to support this complaint : Email from XXXX XXXX promising late fee waiver upon submission of proof Copy of my email submission to XXXX XXXX with VA XXXX compensation delay documentation Proof of {$17000.00} payment made in XX/XX/XXXX ( bank statement/confirmation ) Current mortgage statement showing late fees still present Documentation of VA XXXX compensation delays that caused the late payments LEGAL VIOLATIONS Under RESPA ( Real Estate Settlement Procedures Act ) and VA servicing requirements, servicers are required to : 1. ) Properly respond to qualified written requests within specified timeframes 2. ) Correct errors in borrower accounts when identified 3. ) Honor commitments made by previous servicers when assuming servicing obligations 4. ) Comply with VA loan servicing guidelines that provide additional protections for XXXX veterans XXXX. ) Provide written responses to borrower inquiries and documentation submissions The failure to honor the commitment made by XXXX XXXX particularly given that XXXX XXXX XXXX XXXX assumed all service obligations when they acquired this loan, may constitute violations of : - Federal consumer protection laws ( RESPA ) - VA servicing requirements- Fair debt collection practices - Good faith and fair dealing obligations As the current servicer, XXXX XXXX XXXX XXXX  has inherited all obligations and commitments made by the previous servicer, including promises made to borrowers regarding account corrections. 


REQUESTED ACTIONS I formally request XXXX XXXX XXXX XXXX  immediately : XXXX. ) Remove all late fees that were subject to the waiver promise made by XXXX XXXX ( approximately {$530.00} from XX/XX/XXXX timeframe ) XXXX. ) Provide written confirmation that these late fees have been permanently removed from my account XXXX. ) Ensure that no negative credit reporting has occurred or will occur related to these disputed late fees 4. ) Provide copies of all servicing notes, correspondence, and documentation transferred from XXXX XXXX regarding my account and the promised late fee waivers 5. ) Issue a corrected loan history statement showing the account without the disputed late fees 6. ) Respond to writing within 30 days ( as required by RESPA Section 6 ) 7. ) Provide compensation for the time, stress, and resources I have expended over the past XXXX  months attempting to resolve this matter SUPPORTING DOCUMENTATION I am enclosing the following documentation with this complaint : Copy of email from XXXX XXXX promising late fee waiver upon submission of proof Copy of my submission of VA XXXX compensation delay documentation Copy of {$17000.00} payment confirmation from XX/XX/XXXX Copy of current account statement showing late fees still present Proof of current late fees LEGAL NOTICE - CONCURRENT COMPLAINTS Please be advised that I am filing concurrent complaints with the following agencies : Consumer Financial Protection Bureau ( CFPB ) U.S. Department of Veterans Affairs - Loan Guaranty Division South Carolina Attorney Generals Office - Consumer Protection Division Better Business Bureau All agencies will be provided with copies of this complaint and all supporting documentation.

RESPA REQUIREMENTS As required by RESPA Section 6 ( 12 U.S.C. 2605 ), I expect : Within 5 business days : - Written acknowledgment of this Qualified Written Request Within 30 business days : - Complete resolution of this matter OR - Detailed written explanation of why the late fees can not be removed ( with supporting documentation ) During the investigation period : - No negative credit reporting related to the disputed late fees - No collection activities related to the disputed amounts - Account to be treated as current regarding the disputed fees MY DEMONSTRATED COMMITMENT I want to emphasize that I have been a responsible borrower who has : Made extraordinary efforts to fulfill my obligations despite circumstances beyond my control Paid a {$17000.00} lump sum immediately upon receiving delayed VA benefits Provided all requested documentation promptly Consistently attempted to resolve this matter in good faith Maintained communication with both XXXX XXXX XXXX XXXX XXXX XXXX XXXX Never abandoned my obligations despite being a 100 % XXXX veteran with financial challenges I expect the same level of integrity, good faith, and commitment from my mortgage servicer. 

CLOSING STATEMENT This matter has remained unresolved for over XXXX  months. I have fulfilled every obligation requested of me, including : - Making the {$17000.00} payment - Providing all requested documentation - Following up multiple times - Waiting patiently for resolution The time for waiting has ended. I am respectfully but firmly demanding that this matter be resolved immediately in accordance with federal law and the promises made to me by your predecessor servicer. 

I appreciate your immediate attention to this serious matter and expect a response within the timeframes required by law.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation