Upgrad Personnel Service of Knoxville

This letter is in response to correspondence received from the Revdex.com Corporate Office dated September 9, 2017, received in our office on September 18, 2017, regarding the above-referenced loan. Thank you for bringing your concerns to our attentionWith respect to flood insurance: According to our records, the Loan closed on April 26, 2017. Prior to and as customary, a Standard Flood Hazard Determination Form (SFHDF) was ordered to determine if the property was located in a flood zone. Based on the determination, flood insurance was required as a condition of closing. On May 23, 2017, Ms*** contacted our office and advised that the Federal Emergency Management Agency (FEMA) removed the property from a flood zone and was instructed to submit a Letter of Map Amendment (LOMA) to our office for review. Ms*** asked how to retrieve a refund for the policy paid out of pocket at closing and was incorrectly advised that the premium would be sent back to her from our office. We apologize for this misinformation; insurance premiums are paid directly to insurance carriers who are responsible for refunding any unearned premiums, if applicableThe LOMA was received in our office the next day and submitted for determination. The SFHDF determination was received in our office showing the property was still located in a flood zone and therefore the flood insurance requirement could not be waived. We advised you to obtain a more recent LOMA if available, as the one initially submitted was dated May 7, On August 10, 2017, the updated LOMA was received showing a different latitude and longitude location of the property. This information was submitted for determination. On August 11, 2017, the determination form was received showing the property was no longer located in a flood zoneNotice of this determination was mailed to the address of record and provided to you verballyOn September 20, 2017, a representative of our Executive Office contacted the Dickinson Insurance agency and confirmed that the flood insurance policy was cancelled on August 29, and the unearned premium of $was refunded. While we understand your frustration, we are unable to refund the policy premium as the determination showed the property was located in a flood zoneWith respect to hazard insurance: As loan servicer, notices of cancellation from insurance carriers are received in our office for action; however our office does not cancel hazard insurance policies. Policies may only be cancelled by you or your hazard insurance carrierOn May 12, 2017, notice of new business was received from Farmers Insurance for policy numbered 301940714, with a premium balance due in the amount of $147.82. Payment for the premium was disbursed from the escrow account on the same day. For additional information regarding the additional premium due, please contact your insurance agent, *** *** ** *** ***On June 8, 2017, notice of the policy cancellation was received. A same day notice was mailed to the address of record advising that cancellation was received and requesting evidence of insuranceOn July and August 2, Farmers Insurance sent evidence of insurance and a bill for a policy numbered ***, which is not associated with the loan that we currently service. While no action was taken on the notice received July 10th, as the policy was incorrect, payment of $was disbursed in error upon receipt of the second bill on August 2, 2017. The incorrect policy information was also updated in the escrow accountOn September 12, 2017, evidence of insurance was received for policy numbered 301940714, the correct policy; however a notice of cancellation was also received that day. Our Insurance Department contacted Farmers Insurance and verified that the payment of $was for the incorrect policy, and was refunded to you by your insurance carrier. The correct policy information was updated in our records and payment for an outstanding balance of $was disbursed from the escrow account. On August 31, 2017, an analysis of the escrow account was completed. Based on anticipated disbursements and the insurance premium of $disbursed in error, a shortage in the amount of $resulted. The shortage was spread over months and the payment was decreased from $1,to $1,742.29, effective October 1, 2017. To cure the shortage, please return the hazard insurance premium refund to: ** *** *** *** *** ** ***. Please reference your loan number and “escrow only” on your check. Upon receipt, the monthly installment will be decreased to $1,We apologize for the erroneous hazard insurance payment and for you having contacted our office several times for assistance and your concerns having not been handled in an effective manner. We have utilized this instance as a coaching opportunity to enhance our customer service skills and processes

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Regards,
*** ***

Our records indicate the consumer cashed the refund check on January 29,

SWBC administers the GAP program on behalf of the carrier for *** *** ***. On 3/26/15, the borrower elected GAP coverage on the vehicle securing the loan. On 5/18/17, SWBC received claim documents outlining the loss, but the claim did not include a calculation of the primary
insurance payment, which is required under the GAP waiver. SWBC contacted the primary insurance carrier who confirmed that the loss was due to wear and tear and/or mechanical breakdown, which is an excluded peril under their policy. Therefore, there was no primary insurance coverage.
The “GAP Amount” in the waiver is calculated based on the primary insurance payment for physical damage for a theft or total loss. Since there was no primary insurance coverage for physical damage, there was no GAP amount to pay the borrower.
Under “Installment Sales Contract/Loan/Lease GAP Waiver Addendum” in the borrower waiver agreement, it reads “If the collateral is not protected by primary insurance, we will waive only the GAP amount obtained by subtracting the Actual Cash Value of the covered collateral from the unpaid net balance and you will remain responsible for the Actual Cash Value of the collateral”. Since the Actual Cash Value of the vehicle was $8,985, as determined by the primary carrier, and the unpaid net balance was $8,282.86, the borrower is not entitled to payment under the uncovered loss provision of the waiver.
The GAP insurance carrier has confirmed denial of the claim after re-reviewing the file per the borrower’s request

According to our records, Mr*** contacted our office on May 3, 2016, to notify us that the mortgaged property had sustained damage as a result of Hail on April 11, 2016. Due to the size of the claim, the representative informed Mr*** that we considered the claim to be a
”monitored-claim,” and explained our monitored-claim process and mailed a monitored-claim package to the address of record the same day with instructions to complete and return all required documents.On October 14, 2016, Mr*** again contacted our office and requested an exception be submitted in order for him to have funds released early to pay the second contractor so they can begin repairing the damage to the property. Mr***’s request was forwarded to our management team for review and consideration that same day. Furthermore, Mr*** requested to speak with a supervisor again and was told a supervisor would return his call within hours. Our records indicate Mr*** spoke with a supervisor on October 18, 2016. Due to the extenuating circumstances, we have agreed to release an additional $40,to pay the second contractor up front to begin working on the damaged property. We ask that Mr*** allow 2-business days for the draw to occur and another 2-business days for receipt of the check.We note Mr***’s request for a single point of contact for his claim. Unfortunately, we are unable to provide Mr*** with a single point of contact; however, all of our claim representatives are trained to handle claim related issues Furthermore, any conversation the borrower has with our representatives are documented in the notes on the account. This ensures that any representative Mr*** speaks with is aware of the situation and aware of any exceptions that may have been requested

It is our policy to release any funds in an escrow account within business days after the payoff funds are credited to the account, and generally, a check is issued and mailed to the borrower within business days of the release of the escrow funds, in accordance with the Real Estate Settlement
Procedures Act (“RESPA”)On March 22, 2016, check number *** was mailed to the address in the amount of $1,which represents the remaining escrow balance. Our records show that the above-mentioned check was negotiated on May 13, 2016. However, Mr*** has indicated that he has not received nor deposited the check. Enclosed is a copy of the cashed check which states the funds were “for deposit only” with the Bank One of Arlington, Texas.In order to initiate our research process, Mr*** is required to complete the enclosed Affidavit of Forgery, Affidavit and Agreement Regarding Forgery. Additionally, if he believes he is a victim of identity theft, Mr*** should complete the enclosed ID Theft Affidavit and visit the Fair Credit Reporting Act Website at *** as he has rights as a victim of identity theft. Please note: we take this matter seriously and will review thoroughly, but we will need Mr***’s assistance. We will need the requested documentation to assist in the investigation Upon receipt of the required information, we will initiate research and we will contact him once a determination has been made

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Regards,
*** ***

Southwest Business Corporation (SWBC) administers debt cancellation claims on behalf of *** *** *** ***SWBC normally processes these claims initiated by the lender (*** ***) rather than working directly with borrowers at the onset, which resulted in confusion regarding this
customer’s claimWe have since received and reviewed the loan and claim file, and have approved the customer’s claimTherefore, two monthly payments will be forwarded to *** *** on the customer’s behalf and we will be sending the customer a continuing claim formUpon completion of the continuing claim form, the customer will be entitled to continuing benefits so long as the customer is unemployed, up to the maximum benefit limit
We apologize for the customer’s frustration and for any confusion caused by SWBC

This complaint is not a mortgage service related complaint Please send the complaint to *** so that she may contact the appropriate division for a response and upload it once available Thank you!

Dear Sir or Madam:We have received your correspondence dated March I l 2018, pertaining to the above referenced caseWe understand the borrowers' concerns and take this matter seriouslyWe have conducted a thorough review of the circumstances cited in this caseUnfortunatelywe are unable to
share details of these complainants' account with the Revdex.com as this is personal financial informationAs such, we are addressing this complaint directly in a letter to the borrowerThis letter will be mailed to the borrower at the address of record todayWe trust this response has adequately addressed the issues contained in their complaint.Should you have any questions regarding this matter, please contact me at ***.Sincerely,

Complaint: ***
I am rejecting this response because:SWBC continues to lie in their responsesI have yet to receive anything from themIn the last message, they stated they were mailing out a letter on 1/I recieved nothingNow, they are stating they mailed out a package on 1/to be recieved on 1/Again, this is falseI have recieved nothingIn addition, the dates on the message above are all incorrectI did not file my complaint until 1/3. This company continues to hold my money and make up excuses for keeping itIt is ridiculous how they treat a consumer, especially one who always paid their mortgage payments in full and on timeIf I were to be late in making a payment, there would be interest and late feesWhen SWBC does not fulfill their obligations, there are excusesI simply want to receive the money owed to me that has been refunded to them from my county's tax office.
Regards,
*** ***

We have received the complaint but originally it was directed to our SWBC Insurance division as the complaint seemed to indicate the consumer had obtained insurance through SWBC Insurance It has been determined today, 9/15/17, that the issue should be reviewed by our sub-servicer, ***, as
the consumer has not obtained insurance through SWBC Insurance We have forwarded the complaint notice to them this morning and request an extension to provide a full response no later than days from today, which would be 9/25/ Please advise if the additional time frame is not acceptable Thank you!

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Regards,
*** ***

According to the enclosed amortization schedule received from Mr***, the first payment date that was accounted for in the amortization of his home loan was February 1, 2012. As a result, the balance reflecting on August 1, was $92,985.43. However, Mr. ***’
loan closed on February 24, with a first payment due date of April 1, 2012. We have enclosed a copy of Mr. ***’ HUD-Settlement Statement and Promissory Note that was signed at closing for your review. We have enclosed a standard amortization schedule reflecting the April 1, first payment date. According to the standard amortization schedule, the principal balance as of August 1, would be $93,278.33; representing a $difference from the balance reflected on the amortization schedule that we received from Mr***.Our records indicate that three principal payments, formally regarded to as principal curtailments, in the amount of $1,each were received on June 3, July 3, and July 31, 2015. Enclosed is an amortization schedule accounting for the principal payments which is an accurate depiction of Mr. ***’ loan account. After the application of principal payments, the balance as of August 1, was$90,266.44, representing a $difference from the principal balance Mr. *** listed in his correspondence Please note: each of the monthly mortgage statements generated after the applications of Mr***’ monthly installments and principal payments indicates the entire amount that was received was applied to his loan correctly per the terms of the Note.We respectfully disagree with Mr***’ claim that he was charged a 10% fee for prepayment At no time in his telephone interactions with our customer service department was he advised that a re-amortization fee or penalty will be charged. We acknowledge that the Promissory Note signed at closing dictates that no prepayment penalties will be assessed and we have not assessed any re-amortization fees and or prepayment penalties on Mr***’ loan account The afore-mentioned loan account payment history will confirm this information

The original complaint was received from the Revdex.com on November 21, 2017. A response was mailed to the consumer on December 12, 2017. The consumer indicated on December 15, 2017, that she was not satisfied with the response; a representative spoke with the consumer on December 20, 2017, to further explain the status of the loan. A formal letter of explanation was sent to the consumer on December 21, 2017. In response to the most recent notification that the consumer has not received the previously provided information, the response and supporting documents have been sent to the consumer via *** on January 17, 2018; the package is scheduled to be delivered on January 18, 2018. We hope this satisfactorily explains the status of the loan and resolves the consumer's concerns

Complaint: ***
I am rejecting this
response because:This response DOES NOT ADEQUATELY ADDRESS my issues with SWBCThe letter I received states that SWBC will provide a final response to my concerns within DAYS! What do I do in the mean time? I have received a packet in the mail from a debt collector due to lack of paymentAt the same time, I received a letter from my local agent stating she needs more information regarding my application for a mortgage loan. My agent won't talk to me (literally will not take my phone calls) because she has been instructed by Corporate Servicing to "not discuss my current loan status because of the discussions going on." I spoke with a resolution analyst (Ms*** id# ***) on 4/who instructed me to hold my questions for her, when she calls me back on 4/6. Today is 4/17, she has not called me back. I still have questions and NO ANSWERSI am furious with this company and the lack of follow through with what the representatives say they will do
Regards,
*** ***

This letter is in response
to your correspondence dated January 23, 2016.We received notification of the borrower's
death on February 18, At that time, we advised that we would need the
Independent Administratrix of the EstateAlthough Ms*** called to
request information on the
loan, it is our policy to not provide loan
information until the requested executor information is receivedPlease be
advised that we received the Order Granting Independent Administration and
Authorizing Letter of Administration on August 31, Since we did not
receive the proper documentation citing a representative of the estate until
August 31, 2016, we were unable to release loan specific information to Ms
*** previously and thus referred her to our foreclosure attorneys,
*** *** *** ** **Our records indicate, the loan was approved for foreclosure on May
6, 2016, as the loan was due for the January installmentHowever, due to
active loss mitigation, all foreclosure activity has been placed on hold and
there is no sheriff sale date scheduled.*** *** owns the mortgage loan and as such, we must follow
*** ***'s requirements with regard to the granting of assistance.On November 14, 2016, a Streamline Trial
Period Offer was mailed to the address of recordThe trial period plan was
effective December 1, through February 1, 2017, with the monthly payment
of $1,We received timely trial period payments on December 19, and
the second and third payments on December 20, Additionally, on January
10, 2017, we received funds in the amount of $1,and on January 30, 2017,
in the amount of $1,626.76.Please note: *** *** requires that the trial
period end-date must be expired prior to the issuance of a final modification
In this case, the trial plan end date is February 1, At this time, the
final modification review is processOnce the review has been completed, Ms
*** will be notified of the decision.With regards to the
Securitization of the property:The Note and Security Deed executed at closing
afford the lender the right to inspect the mortgaged property should the loan
be in default, as well as take appropriate action to preserve the property
Inspections and preservation work for a mortgaged property are referred to a
vendor in such matters.As the loan was not active in an approved
loss mitigation workout option and due for the January installment, we
instructed our third party vendor to secure the propertyAs a result, on
August 25, a lockbox was place on the front doorShould Ms*** wish
to obtain the access code for the lockbox, she may contact me via telephone at
the telephone number listed below.We respectfully disagree with Ms***'s
statement that we are discriminating against the estate and have charged
fraudulent property preservation fees as our review of the loan does not
support this allegationWe have enclosed supporting documentation that reveals
the property required maintenance of the building and landscape.With regards to real estate
taxes:On July 12, 2016, we received notification
from Galveston County, Texas that taxes were delinquentAs a result, the loan
was converted from a non-escrowed to an escrowed loanConsequently, a
disbursement was made for the base amount of $5,and the penalty amount
of $2,Additionally, on December 29, 2016, we disbursed funds in the
amount of $11,for the tax year which was due by January 31, 2017.On January 26, 2017, we confirmed that the
taxes were previously satisfied on December 5, and that our bulk wire had
not been processedWe have requested that the county refund the payment of
$11,Once the funds have been received, they will be applied to the loan
accordinglyFor review, enclosed is a copy of the Loan History which reflects
loan activity.For your convenience, all
documents referenced above have been enclosed

It is our policy to release any funds in an escrow account within business days after the payoff funds are credited to the account, and generally, a check is issued and mailed to the borrower within business days of the release of the escrow funds, in accordance with the Real Estate Settlement
Procedures Act (“RESPA”)On March 22, 2016, check number *** was mailed to the address in the amount of $1,which represents the remaining escrow balance. Our records show that the above-mentioned check was negotiated on May 13, 2016. However, Mr*** has indicated that he has not received nor deposited the check. Enclosed is a copy of the cashed check which states the funds were “for deposit only” with the Bank One of Arlington, Texas.In order to initiate our research process, Mr*** is required to complete the enclosed Affidavit of Forgery, Affidavit and Agreement Regarding Forgery. Additionally, if he believes he is a victim of identity theft, Mr*** should complete the enclosed ID Theft Affidavit and visit the Fair Credit Reporting Act Website at *** as he has rights as a victim of identity theft. Please note: we take this matter seriously and will review thoroughly, but we will need Mr***’s assistance. We will need the requested documentation to assist in the investigation Upon receipt of the required information, we will initiate research and we will contact him once a determination has been made.

According to our records, Mr*** contacted our office on May 3, 2016, to notify us that the mortgaged property had sustained damage as a result of Hail on April 11, 2016. Due to the size of the claim, the representative informed Mr*** that we considered the claim to be a
”monitored-claim,” and explained our monitored-claim process and mailed a monitored-claim package to the address of record the same day with instructions to complete and return all required documents.On October 14, 2016, Mr*** again contacted our office and requested an exception be submitted in order for him to have funds released early to pay the second contractor so they can begin repairing the damage to the property. Mr***’s request was forwarded to our management team for review and consideration that same day. Furthermore, Mr*** requested to speak with a supervisor again and was told a supervisor would return his call within hours. Our records indicate Mr*** spoke with a supervisor on October 18, 2016. Due to the extenuating circumstances, we have agreed to release an additional $40,to pay the second contractor up front to begin working on the damaged property. We ask that Mr*** allow 2-business days for the draw to occur and another 2-business days for receipt of the check.We note Mr***’s request for a single point of contact for his claim. Unfortunately, we are unable to provide Mr*** with a single point of contact; however, all of our claim representatives are trained to handle claim related issues Furthermore, any conversation the borrower has with our representatives are documented in the notes on the account. This ensures that any representative Mr*** speaks with is aware of the situation and aware of any exceptions that may have been requested

Complaint: ***
I am rejecting this response because:I have not received any correspondence from SWBC and this issue has not been resolved.
Regards,
*** ***