Upgrad Personnel Service of Knoxville

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!

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

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

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,
*** ***

Complaint: ***
I am rejecting this response because: Per the contract I signed, there was nothing that declined coverage due to major mechanical break down, or wear and tear per the letter I sent in response to SWBC's refusal to open the claimI forwarded a cooy of the entire GAP agreement I signed electing the coverage on my loanI have attached a copy of the letter I sent as well as the GAP election form outlining the coverageIt states that GAP will cover the balance when the vehicle is deemed a total loss (which it was)it does not say if primary insurance covers the lossmy primary insurance clearly outlines what is and is not covered under the policyIt was not a loss covered by my primary insurance, however, after their investigation, the vehicle has been deemed a total lossThis claim should be covered per their definitions on the forms I signed when I elected coverageThey should honor the agreement I signed that does not exclude major mechanical failure anywhere on it! After the headache and amount of tine I have spent trying to work with this company for resolution, I am disgusted! I am simply seeking the coverage Ibelected under the GAP policyI can only imagine if I was also seeking compensation for my time in trying to get in touch with someone that could actually help me or for my inconvenience in what should seemingly be a simple process with a relatively fast turn around to clear the balance the loan so that I can obtain a replacement vehicleI am simply asking this company to do the right thing and honor the coverage I purchased!!
Regards,
*** ***

According to our records, the loan originated on November 21, 2014, at which time an escrow account was established for the payment of real estate property taxes and homeowner’s insurance.? As evidenced by the Settlement Statement (“HUD-1”) executed at closing, property taxes were estimated in
the yearly amount of $2,372.52, and the first year’s homeowner’s insurance premium was $1,686.48.? These figures were utilized in the designation of the original monthly payment amount of $1,The Real Estate Settlement Procedures Act (“RESPA”) requires that we perform an annual review of a borrower’s escrow account.? The first yearly scheduled analysis for the loan occurred on June 22, 2015.? This analysis included the anticipated yearly disbursement amounts of $2,for taxes and $1,for homeowner’s insurance, and the monthly payment amount was adjusted to $1,267.50.? Disbursements for the payment of taxes were issued in the amounts of $1,and $1,on October 7, and May 2, respectively.? Upon disbursement, our records are updated to retain the amount paid as the anticipated disbursement for the following year.? They yearly escrow analysis completed on June 13, identified a shortage of $4,995.02, due to taxes having been disbursed in a higher amount than previously anticipated.? Spread over twelve installments, this shortage resulted in the new monthly payment amount of $1,effective with the August installment.? On December 29, 2016, the amount of $3,was disbursed for payment of the homeowner’s insurance premium.? On March 16, 2017, our office received a mid-term replacement of the borrower's preferred homeowner’s insurance policy, and the premium of $1,was disbursed for the new policy the same day.? A letter dated March 17, was sent to the borrower advising that multiple disbursements for homeowner’s insurance premium had been disbursed within the year, which may result in a shortage if the refund from the previous policy was not returned to escrow.? A payment of $1,was applied to the escrow account on March 27, ? ? ? In accordance with the borrower's request, an escrow analysis was conducted on April 12, 2017, which identified an overage of $179.46, and which adjusted the monthly payment amount to $1,288.30, effective with the June installment.? The lesser monthly payment amount reflects a reduction in the anticipated disbursement amounts for both taxes and insurance, based on the most recent payments made for these items.? The overage amount was returned to the borrower by check number along with an Annual Escrow Account Disclosure Statement.? ? Upon review, we have identified no errors with the analyzing of MsBink’s escrow account and subsequent adjustments to the monthly payment amount.? We thank MsBink for bringing her concerns to our attention, and we look forward to the continued servicing of her loan.? ?

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,

Please note - this complaint is not regarding SWBC Mortgage Corporation - the consumer does not have and has not applied for a mortgage with SWBC Mortgage Corporation? Please direct all inquiries regarding the status of this complaint to the Compliance Department for SWBC at
[email protected] so that they can respond accordingly

Please find below the SWBC response to above referenced complaint.? Please let me know of anything further that is needed.? Thank you? Resolution:? SWBC contacted the underlying carrier and was told to send in revised documentation and the change would be processed within ??" hours.? SWBC e-mailed the original application, along with a hand written note requesting the effective date change for both the ??" and ??" policies, and SWBC has subsequently confirmed that the policy dates have been changed and the revised policy was mailed to the insured on 10/2/? ? *** ***

Although the borrower’s situation is unfortunate, the waiver clearly requires a physical loss or theft that is covered by primary insurance on the vehicle in order to calculate the “GAP Amount.” Furthermore, the borrower’s vehicle suffered a mechanical breakdown, which is never covered by collision and/or comprehensive insurance, and the Borrower’s primary carrier has confirmed that there was no insurance coverage on this lossHowever, mechanical breakdown insurance is available in every state and is often purchased by borrowers in order to guard against this type of event
?
It goes without saying that the GAP Waiver is not an insurance policy, nor does it cover mechanical breakdownsThe GAP Waiver is merely an agreement by the lender to waive the “GAP Amount” in cases of physical damage or theft of the vehicleThe borrower seems to be under the impression that the GAP Waiver is an insurance policy, which it is notIn fact, the borrower certified the following: “I understand that this GAP Waiver Addendum is not an offer of insurance coverage.” At the bottom of the GAP Waiver in bold uppercase type is the following “YOU ARE REMINDED THAT THIS WAIVER IS NOT AN INSURANCE POLICY”
?
Moreover, the borrower agreed that any payment under the GAP Waiver would be limited to the “GAP Amount,” which is defined as “the difference between the primary carrier’s physical damage insurance payment for a theft or total loss or, if uninsured, the collateral’s Actual Cash Value, and the unpaid net balance of the loan.” Since there was no insurance payment, the default “GAP Amount” would equal the unpaid net balance of the loan less the Actual Cash ValueBecause it has been explained that the ACV was higher than the unpaid net balance of the loan, there is no GAP Amount for the borrower to receive
?
Finally, the borrower erroneously states that his/her primary insurance carrier deemed the vehicle a “total loss.” This is flatly untrueThe borrower’s primary carrier did not cover the peril and made no such determinationThe carrier merely provided the borrower with a statement that, if the vehicle had been covered under the policy, then the vehicle would have been deemed a total lossAgain, there was no primary coverage for the loss and therefore no way for the carrier to deem the vehicle a total loss
We apologize for the inconvenience, but the GAP Waiver is not an insurance policy and does not cover mechanical breakdowns

We have received your correspondence dated January 3, 2018, pertaining to Case Number ***.? We understand the borrower’s concerns and take this matter seriously.? We have conducted a thorough review of the circumstances cited in this case? Unfortunately, we are unable to share
details of this complainant’s account with the Revdex.com as this is personal financial information.? As such, we are addressing this complaint directly in a letter to the borrower.? This 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

We have received your correspondence dated April 27, 2018, pertaining to Ms*** ** ***’ case.? ? We understand the borrower’s concerns and take this matter seriously.? We have conducted a thorough review of the circumstances cited in this case? Unfortunately, we are unable
to share details of this complainant’s account with the Revdex.com as this is personal financial information.? As such, we are addressing this complaint directly in a letter to the borrower.? This 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 ?

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!

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

We are unable to share details of the complainant's account with teh Revdex.com as this is personal identifiable information.? As such, we are addressing this complaint directly in a letter to the borrower, which will be mailed to the address of record today

We are unable to share details of the complainant’s account with the Revdex.com as this is personally identifiable information.? However, we have been in contact via phone with the borrower as of April 18, 2018, to address the borrower’s concerns

This letter is in response
to your correspondence dated January 23, 2016.We received notification of the borrower's
death on February 18, 2016. At that time, we advised that we would need the
Independent Administratrix of the Estate. Although Ms. [redacted] called to
request information on the...

loan, it is our policy to not provide loan
information until the requested executor information is received. Please be
advised that we received the Order Granting Independent Administration and
Authorizing Letter of Administration on August 31, 2016. 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.
[redacted] previously and thus referred her to our foreclosure attorneys,
[redacted]Our records indicate, the loan was approved for foreclosure on May
6, 2016, as the loan was due for the January 2016 installment. However, due to
active loss mitigation, all foreclosure activity has been placed on hold and
there is no sheriff sale date scheduled.[redacted] owns the mortgage loan and as such, we must follow
[redacted]'s requirements with regard to the granting of assistance.On November 14, 2016, a Streamline Trial
Period Offer was mailed to the address of record. The trial period plan was
effective December 1, 2016 through February 1, 2017, with the monthly payment
of $1,626.76. We received timely trial period payments on December 19, 2016 and
the second and third payments on December 20, 2016. Additionally, on January
10, 2017, we received funds in the amount of $1,131.11 and on January 30, 2017,
in the amount of $1,626.76.Please note: [redacted] 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, 2017. At this time, the
final modification review is process. Once the review has been completed, Ms.
[redacted] 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 2016 installment, we
instructed our third party vendor to secure the property. As a result, on
August 25, 2016 a lockbox was place on the front door. Should Ms. [redacted] 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. [redacted]'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 allegation. We 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 delinquent. As a result, the loan
was converted from a non-escrowed to an escrowed loan. Consequently, a
disbursement was made for the base amount of $5,928.56 and the penalty amount
of $2,466.29. Additionally, on December 29, 2016, we disbursed funds in the
amount of $11,349.15 for the 2016 tax year which was due by January 31, 2017.On January 26, 2017, we confirmed that the
taxes were previously satisfied on December 5, 2016 and that our bulk wire had
not been processed. We have requested that the county refund the payment of
$11,349.15. Once the funds have been received, they will be applied to the loan
accordingly. For review, enclosed is a copy of the Loan History which reflects
loan activity.For your convenience, all
documents referenced above have been enclosed.

We have received your correspondence dated April 27, 2018, pertaining to Ms. [redacted]’ case.  We understand the borrower’s concerns and take this matter seriously.  We have conducted a thorough review of the circumstances cited in this case.   Unfortunately, we are unable...

to share details of this complainant’s account with the Revdex.com as this is personal financial information.  As such, we are addressing this complaint directly in a letter to the borrower.  This letter will be mailed to the borrower at the address of record today. We trust this response has adequately addressed the issues contained in their complaint.

According to our records, the loan originated on November 21, 2014, at which time an escrow account was established for the payment of real estate property taxes and homeowner’s insurance.  As evidenced by the Settlement Statement (“HUD-1”) executed at closing, property taxes were estimated in...

the yearly amount of $2,372.52, and the first year’s homeowner’s insurance premium was $1,686.48.  These figures were utilized in the designation of the original monthly payment amount of $1,267.03. The Real Estate Settlement Procedures Act (“RESPA”) requires that we perform an annual review of a borrower’s escrow account.  The first yearly scheduled analysis for the loan occurred on June 22, 2015.  This analysis included the anticipated yearly disbursement amounts of $2,375.90 for taxes and $1,686.22 for homeowner’s insurance, and the monthly payment amount was adjusted to $1,267.50.  Disbursements for the payment of taxes were issued in the amounts of $1,964.31 and $1,544.68 on October 7, 2015 and May 2, 2016 respectively.  Upon disbursement, our records are updated to retain the amount paid as the anticipated disbursement for the following year.  They yearly escrow analysis completed on June 13, 2016 identified a shortage of $4,995.02, due to taxes having been disbursed in a higher amount than previously anticipated.  Spread over twelve installments, this shortage resulted in the new monthly payment amount of $1,894.37 effective with the August 2016 installment.  On December 29, 2016, the amount of $3,207.00 was disbursed for payment of the homeowner’s insurance premium.  On March 16, 2017, our office received a mid-term replacement of the borrower's preferred homeowner’s insurance policy, and the premium of $1,279.00 was disbursed for the new policy the same day.  A letter dated March 17, 2017 was sent to the borrower advising that multiple disbursements for homeowner’s insurance premium had been disbursed within the year, which may result in a shortage if the refund from the previous policy was not returned to escrow.  A payment of $1,605.64 was applied to the escrow account on March 27, 2017.       In accordance with the borrower's request, an escrow analysis was conducted on April 12, 2017, which identified an overage of $179.46, and which adjusted the monthly payment amount to $1,288.30, effective with the June 2017 installment.  The lesser monthly payment amount reflects a reduction in the anticipated disbursement amounts for both taxes and insurance, based on the most recent payments made for these items.  The overage amount was returned to the borrower by check number 778737 along with an Annual Escrow Account Disclosure Statement.    Upon review, we have identified no errors with the analyzing of Ms. Bink’s escrow account and subsequent adjustments to the monthly payment amount.  We thank Ms. Bink for bringing her concerns to our attention, and we look forward to the continued servicing of her loan.

We are unable to share details of the complainant's account with teh Revdex.com as this is personal identifiable information.  As such, we are addressing this complaint directly in a letter to the borrower, which will be mailed to the address of record today.