Consumer complaint received 2026-05-12 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: GenWay Home Mortgage, Inc.
State: TX

Complaint narrative:
I submit this complaint on behalf of XXXX XXXX, borrower on mortgage loan account XXXX secured by property in XXXX XXXX, Texas. I am his authorized third-party representative ; a signed third-party authorization is on file with GenWay Home Mortgage expressly permitting me to communicate and act on his behalf on all matters relating to this Loan. This complaint documents three concurrent, independently actionable federal violations by GenWay Home Mortgage. Each violation has been communicated to GenWay through its designated written channel the secure borrower portal on six separate occasions between XX/XX/XXXX and XX/XX/XXXX. GenWay has issued no substantive response to any of them. VIOLATION 1 FAILURE TO RESPOND TO NOTICES OF ERROR Governing Law : RESPA, 12 U.S.C. 2605 ; 12 C.F.R. 1024.351024.36 The Loan was transferred to GenWay on XX/XX/XXXX. Beginning on that date, the borrower submitted written Notices of Error and information requests through GenWays designated secure portal. GenWays own published policy states portal inquiries will receive responses within two ( 2 ) business days. The following inquiries remain unresolved : Date Submitted Status 1 XX/XX/XXXX No substantive response AI-generated redirect to telephone only 2 XX/XX/XXXX No substantive response AI-generated redirect to telephone only 3 XX/XX/XXXX No substantive response AI-generated redirect to telephone only 4 XX/XX/XXXX No substantive response AI-generated redirect to telephone only 5 XX/XX/XXXX No substantive response AI-generated redirect to telephone only 6 XX/XX/XXXX No substantive response AI-generated redirect to telephone only Under 12 C.F.R. 1024.35 ( d ) ( e ), GenWay was required to acknowledge each Notice of Error within five ( 5 ) business days and provide a substantive written response within 30 business days either correcting the identified error with written notice, or conducting a reasonable investigation and providing a written determination with specific reasons. GenWay has satisfied neither obligation on any of the six inquiries above. The AI-generated responses GenWay issued which uniformly redirect the borrower to call do not constitute a substantive response under 12 C.F.R. 1024.35 ( e ). They do not address the specific error alleged, do not reflect any investigation, and do not provide the written determination the regulation requires. They are non-responsive form messages that GenWay has deployed as a substitute for compliance. Deadline Status : The 5-business-day acknowledgment deadline for the XX/XX/XXXX inquiry expired approximately XX/XX/XXXX. The XXXX substantive response deadline expires approximately XX/XX/XXXX. GenWay is presently in active violation of the acknowledgment obligation and approaching the substantive response deadline across multiple open inquiries simultaneously. VIOLATION 2 ESCROW OVERCHARGE : VERIFIED CALCULATION Governing Law : RESPA, 12 C.F.R. 1024.17 ( escrow accounts ) ; 12 C.F.R. 1024.35 ( b ) ( 1 ) ( Type 1 error ) Background : How the Overcharge Originated When GenWay established the escrow account on XX/XX/XXXX, it used the XXXX XXXX XXXX XXXX ( XXXX ) assessed value of {$460000.00} with XXXX exemptions the tax profile of the prior owner, XXXX XXXX XXXX I, a corporate trust entity that could not hold a homestead exemption. XXXX XXXX Property Value Notice ( Account # XXXX, issued XX/XX/XXXX ) confirms {$0.00} exemption for all six taxing units. GenWay transferred this XXXX-exemption corporate tax basis directly into the borrowers escrow without adjustment. This was a structural error at escrow setup. XXXX XXXX XXXX Agreed Value Reduction On XX/XX/XXXX, the borrower and the XXXX XXXX XXXX executed a Joint Motion under Texas Tax Code 41.47 ( g-1 ) ( TAD Account # XXXX ), signed by XXXX Residential Department representative XXXX XXXX XXXX The motion reduced the XXXX agreed appraised value from {$460000.00} to {$370000.00} a documented reduction of {$84000.00} ( 18.3 % ). This is an official government record. Homestead Exemptions Applied The borrowers homestead exemption has been approved and confirmed. The following exemptions apply to the XXXX agreed value of {$370000.00} for Tax Year XXXX : XXXX XXXX : {$140000.00} mandatory state homestead exemption ( Texas Tax Code 11.13 ( b ) ) + 10 % optional exemption ( XXXX XXXX program, XXXX years ) = {$170000.00} total exemption XXXX XXXX : 10 % optional homestead exemption ( {$37000.00} ) newly adopted XXXX XXXX XXXX XXXX : 10 % optional homestead exemption ( {$37000.00} ) newly adopted XXXXXXXX XXXX XXXX XXXXXXXX XXXX : {$5000.00} general homestead exemption ( conservative floor; confirmed state minimum ) XXXX XXXX College/ TRWD : No homestead exemption confirmed Verified Overcharge Calculation ( XXXX Adopted Tax Rates ) XXXX tax rates are not yet adopted. Calculation uses XXXX adopted rates the legally correct basis for current escrow analysis. Taxing Unit Rate/ {$100.00} GenWay Taxable Correct Taxable Exemption XXXX XXXX XXXX {$1.00} {$460000.00} {$190000.00} {$170000.00} {$3200.00} XXXX XXXX XXXX XXXX {$0.00} {$460000.00} {$370000.00} {$5000.00} {$600.00} XXXX XXXX {$0.00} {$460000.00} {$330000.00} {$37000.00} {$220.00} XXXX XXXX College {$0.00} {$460000.00} {$370000.00} {$0.00} {$95.00} XXXX XXXX {$0.00} {$460000.00} {$330000.00} {$37000.00} {$200.00} XXXX {$0.00} {$460000.00} {$370000.00} {$0.00} {$22.00} TOTALS $ XXXX $ XXXX $ XXXX Insurance component ( unchanged ) : $ XXXX ( $ XXXX ). This figure is derived from GenWays own total escrow and is not disputed. OVERCHARGE SUMMARY GenWay current monthly escrow {$1200.00} Correct monthly escrow ( tax + insurance ) {$860.00} MONTHLY OVERCHARGE {$370.00} ANNUAL OVERCHARGE ( projected ) {$4400.00} Cumulative overcharge : XXXX XXXX XX/XX/XXXX ( 34 days ) {$410.00} 6-month projection if unresolved {$2200.00} 12-month projection if unresolved {$4400.00} This constitutes a Type 1 error under 12 C.F.R. 1024.35 ( b ) ( 1 ). Under 12 C.F.R. 1024.17 ( c ) ( 3 ), GenWay is required to conduct an escrow account analysis and adjust payments when the underlying tax obligation changes. GenWay has been notified of both the value reduction and the homestead exemption through the portal. No correction, no acknowledgment, and no written determination have been issued. VIOLATION 3 FAILURE TO PROVIDE DISABILITY ACCOMMODATION Governing Law : Fair Housing Act, 42 U.S.C. 3604 ( f ) ( 3 ) ( B ) ; ADA, 42 U.S.C. 12182 ; Section 504, Rehabilitation Act of 1973 The borrower has a documented accessibility disability that prevents use of telephone-based communication. This limitation was communicated to GenWay in writing through the secure portal on each of the six inquiry dates above. GenWays response on every occasion was an AI-generated message directing the borrower to call. GenWay maintains a TTY relay line as its designated accommodation for borrowers who can not use standard telephone service. That TTY line is non-functional. This has been confirmed by the borrowers representative and reported to GenWay through the portal. No alternative accommodation has been offered, identified, or implemented. The Fair Housing Act, 42 U.S.C. 3604 ( f ) ( 3 ) ( B ), requires that mortgage servicers make reasonable accommodations in policies and practices when necessary to afford a person with a disability equal access. Directing a borrower with a documented telephone disability to : ( 1 ) call, which they can not do ; or ( 2 ) use a confirmed non-functional TTY line is not a reasonable accommodation. It is a denial of accommodation, repeated six times in response to six separate written notifications. VIOLATION 4 DUAL PAYMENT DEMAND DURING SERVICING TRANSFER Governing Law : RESPA, 12 U.S.C. 2605 ( d ) ; 12 C.F.R. 1024.33 ; 12 C.F.R. 1024.35 ( b ) ( 4 ) Facts Prior to or concurrent with the servicing transfer effective XX/XX/XXXX, the borrower made a timely monthly payment to XXXX XXXX the transferor servicer in the amount of {$3500.00}, representing the payment due for the XX/XX/XXXX billing cycle. This payment was made to XXXX XXXX in good faith, in the ordinary course, and consistent with the borrower 's payment obligations at the time. Despite this payment having been made to XXXX XXXX, GenWay Home Mortgage the transferee servicer is now demanding payment of the same {$3500.00} XX/XX/XXXX obligation, effectively demanding double payment for a single billing cycle. GenWay 's XX/XX/XXXX mortgage statement reflects {$0.00} in principal and {$0.00} in interest paid since the last statement for the regular monthly obligation, confirming GenWay has not credited the payment made to XXXX. Legal Basis 12 U.S.C. 2605 ( d ) provides an explicit 60-day protection period for borrowers following a servicing transfer : " During the 60-day period beginning on the effective date of transfer of the servicing of any federally related mortgage loan, a late fee may not be imposed on the borrower with respect to any payment on such loan and no such payment may be treated as late for any other purposes, if the payment is received by the transferor servicer ( rather than the transferee servicer who is entitled to receive such payment ) before the due date applicable to such payment. '' The 60-day protection window runs from XX/XX/XXXX through XX/XX/XXXX. Any payment made to XXXX XXXX during this period including the XX/XX/XXXX payment made in XXXX can not be treated as late, can not trigger a late fee, and can not be demanded again by GenWay. XXXX XXXX is required under RESPA to forward any misdirected payments to GenWay ; GenWay 's obligation is to credit those funds upon receipt. Furthermore, GenWay 's demand for a payment already tendered to the prior servicer constitutes a Type 4 error under 12 C.F.R. 1024.35 ( b ) ( 4 ) " imposition of a fee or charge that the servicer lacks a reasonable basis to impose upon the borrower. '' GenWay has been placed on notice of this through the secure portal. No credit has been applied, no acknowledgment issued, and no written determination provided. PAYMENT DISPUTE SUMMARY Payment amount disputed {$3500.00} Payment made to XXXX XXXX ( transferor servicer ) Payment made XX/XX/XXXX ( before/at transfer date ) Payment due date XX/XX/XXXX GenWay action Demanding same payment again not credited 60-day protection window XX/XX/XXXX XX/XX/XXXX Controlling statute 12 U.S.C. 2605 ( d ) ; 12 C.F.R. 1024.35 ( b ) ( 4 ) Risk of Harm : If this demand is not resolved, the borrower faces : ( 1 ) an improper late fee of {$93.00} after XX/XX/XXXX ; ( 2 ) potential negative credit reporting for a payment that was, in fact, timely made ; and ( 3 ) a compounding delinquency record based entirely on GenWay 's failure to coordinate with XXXX XXXX as required by law. Every unresolved error and every RESPA violation described in this complaint has been materially prolonged by GenWays refusal to provide an accessible communication channel. The borrower is structurally prevented from resolving legitimate servicer errors because the only functional channel GenWay provides is one this borrower can not use.

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