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3139446
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2019-01-31
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False statements or representation
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Debt collection
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| Tags |
Servicemember
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| Issue |
False statements or representation
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| Timely |
Yes
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| Company |
West Coast Servicing, Inc.
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| Product |
Debt collection
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| Sub Issue |
Attempted to collect wrong amount
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| Sub Product |
Mortgage debt
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| Date Received |
2019-01-31
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2019-02-01
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| Company Public Response |
Company disputes the facts presented in the complaint
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| Complaint What Happened |
West Coast Servicing, XXXX XXXX XXXX, XXXX XXXX, CA XXXX / XXXX XXXX XXXX at XXXX XXXX XXXX XXXX, XXXX TX XXXX are using illegal and Fraudulent tactics/actions to collect a debt amount that is not owed.
In XXXX XXXX XXXX, we had a 15 yr. loan @ 13 % with XXXX XXXX XXXX, XXXX XXXX XXXX, & XXXX and the maturity of the loan was XXXX XXXX, XXXX.
Each of the before mentioned finance companies ALL were frankly taken over by XXXX.
After falling behind on taxes, it was made good in a court action, to which back taxes were brought current in a chapter XXXX proceeding. In the repayment plan, XXXX XXXX XXXX. also collected over {$17000.00}, {$12000.00}, and over {$5000.00} in lump sums, in addition to my monthly payments of {$2000.00}.
Now that everything was current, while in court, the Trustee also approved the Payoff Application that I made to XXXX, while we were in Court XXXX agreed. Only it was a Ploy/stalling tactic to move out of the " Eyes '' of the law. After court, XXXX resumed taking monthly payments, but XXXX NEVER resumed sending the official " Statements '' as required by Law.
None of the Lump sum totals Mentioned above are reflected on our loan account from XXXX, after I requested a summary of my account with them.
In XXXX, I paid an undertaking of {$10000.00} to XXXX XXXX XXXX office. Now, this lump sum, I was told by XXXX XXXX XXXX office that this Lump sum was going to be applied to the Balloon payment becoming due XX/XX/XXXX.
Again, the facts relating to ALL the Lumps sums paid were hidden and NEVER applied to my account. Even with the breakdown of specific fees relating to attorney fees and related court cost, none of my lump sum payments are posted on my account.
I have ordered the bank records and the chapter XXXX & XXXX records. Subsequently, XXXX record does not reflect payments made through the Chapters either.
In XXXX, XXXX transferred us while officially in the midst of a Modification. IT is worth mentioning again, XXXX continued to accept monthly payments, but a XXXX Workout Specialist verbally said they didn't know what to do with my account because after XXXX XXXX, XXXX they were not obligated to send out " Monthly Statements. '' I was confused by this because I felt I should know how the money that I continued to send, was going to be applied. In XXXX XXXX, I was sent notice of an upcoming transfer to XXXX XXXX.
XXXX XXXX, never sent any documentation of any to our residence. Nor did XXXX continue with the Modification application.
In a matter of 8 months, XXXX transferred the Debt to XXXX XXXX with notice. Ever since then, No one has given us an documentation that reflects an accurate record to include ALL of the above amounts paid.
Moreover, Its like a Con-job/SCAM more than anything! I have been finically harmed and deceived, plus subjected to harassment!
West Coast Serving has never provided me with servicing. In fact, Section 5 of RESPA ( 12 U.S.C.S ) 2605 gives the consumer rights.
Given the laws on the books to protect consumers, it is my legal right to submit as truth and fact, that I was never given any proper/official Not of Transfer as required by law.
West Coast Servicing, XXXX XXXX, and XXXX XXXX intentionally violated the law and must STILL be held to accountable to the Law according to Section 6 of RESPA.
Further, the law provides for damages and cost for individuals where Servicers are shown to have violated the requirements of this section according to transfer Practices and Requirements.
Please note, West Coast Servicing has never sent any documentation reflecting ANY of the above payments previously made to XXXX.
It is my firm belief and testimony that XXXX has never correctly applied money paid to their representing attorney XXXX XXXX XXXX XXXX, and further the additional monies paid thereafter up until XXXX, and in XXXX, we prepaid our property taxes.
Now, our property taxes are once again delinquent. Plus, we are experiencing roof leaks from the serve weather and our heating unit is in need of immediate replacement.
Since all the repairs are costly, We are stuck between a rock and hard spot because we need a home equity loan to address all the repairs needed that's also long over due.
West Coast Servicing and XXXX have violated the Fair Debt Collection Practices Act.
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| Consumer Consent Provided |
Consent provided
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2791808
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2018-01-24
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Struggling to pay mortgage
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Mortgage
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| Issue |
Struggling to pay mortgage
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| Timely |
Yes
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| Company |
West Coast Servicing, Inc.
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| Product |
Mortgage
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| Sub Product |
Home equity loan or line of credit (HELOC)
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| Date Received |
2018-01-24
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2018-01-24
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| Complaint What Happened |
Our home equity loan was sold three times. The current owner of the loan West Coast servicing has not sent a detailed statement of the account since XXXX. The only correspondence we receive are delinquent notices with a lump sum that is due ; there are no details of the charges or recent payments to the account. I recently sent a request for this detailed information because I do not believe this amount they are requesting is correct. I wil attach the last full statement that we received from them dated X/XX/2016, and the subsequent delinquent notices that they send.
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| Consumer Consent Provided |
Consent provided
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5740052
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2022-07-06
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Written notification about debt
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Debt collection
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| Issue |
Written notification about debt
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| Timely |
Yes
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| Company |
West Coast Servicing, Inc.
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| Product |
Debt collection
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| Sub Issue |
Didn't receive notice of right to dispute
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| Sub Product |
Mortgage debt
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| Date Received |
2022-07-06
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2022-07-22
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| Complaint What Happened |
There was no Good faith efforts to establish live contact with a borrower generally consist of reasonable steps, under the circumstances, to reach a borrower.
There were numerous Servicers/Debt Collectors, starting with XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX West Coast Servicing XXXX and without any written notice, now XXXX XXXX XXXX.
The truth is the 6-year statue to file a foreclosure in New York State XXXX had legally expired. Only the Judge in this case granted the Plaintiff 3-extensions altogether to file this expired foreclosure.
The extraordinary financial costs added additional filing fees 3-times, additional lawyer fees, additional interest fees, and additional lates charges, which all of these additional foreclosure costs, were unfairly accumulated at the expense of me, the homeowner.
The Judge without my knowledge, at the request of Servicers, the Judge appointed/installed a Guardian Litam, who accepted Service, and then a foreclosure judgement was entered by default. The Guardian Ad Litam was inappropriate, and unauthorized, and to the complete benefit of the Plaintiff, which tilted everything in the favor of the Debt Collector/Attorney 's.
The results of the Judge inserting the Law Guardian was epic, inappropriate with negative consequences to the homeowner ( s ) and it was legally improper! I am not impaired, incapacitated, or in the military. This appointment was improper
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| Consumer Consent Provided |
Consent provided
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2131808
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2016-09-26
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Loan servicing, payments, escrow account
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Mortgage
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| Issue |
Loan servicing, payments, escrow account
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| Timely |
No
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| Company |
West Coast Servicing, Inc.
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| Product |
Mortgage
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| Sub Product |
Home equity loan or line of credit
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| Date Received |
2016-09-26
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
Yes
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| Date Sent To Company |
2016-10-28
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| Complaint What Happened |
I have made my payments to West Coast Servicing on time and in the correct amount. West Coast Servicing has notified me that the terms of the loan have changed and that I have/had no say in the terms of the loan. The loan is not collateralized and West Coast Servicing has informed me they intend to foreclose. I have contacted them and asked for mitigation of the loan. They have not responded to me other than sending monthly statements which do not explain the charges. I have written to them offer a payoff amount and they have not responded to me. I would like to draw your attention to the fact that West Coast Servicing has not been compliant in the following ways : 1. The servicer must establish or make good faith efforts to establish live contact 2. The servicer must inform the borrower about the availability of loss mitigation options 3. The servicer must assign personnel ( which can be one or more persons ) XXXX to the delinquent borrower, or an authorized agent of the borrower, who will be available via telephone, immediately or in a " timely manner 4. The personnel assigned should be able to respond to the borrower 's inquiries and assist the borrower with available loss mitigation options 5. The servicer must enclose a separate page with the periodic statement or in a separate letter : including the date the borrower became delinquent 6. The servicer must include an account history covering the period since the account was last current or for the last six months, whichever is shorter, and showing for that period the amount past due from each billing cycle and the date on which any payment was credited as fully paid ; 7. If the borrower does provide any information that would be evaluated as part of a loss mitigation application, the provision of the information IS an application.
8. the servicer must review the loss mitigation application to determine if it is complete. This must be done promptly after receipt of the application.
Thank you, XXXX XXXX
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| Consumer Consent Provided |
Consent provided
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