ComplaintsforEvergreen Note Servicing

• Initial Complaint

  09/08/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I called in for a payoff on our loan. I was NOT verbally informed at that time of a $95.00 fee. I never did receive that payoff email in May. I recently called back about it and told the representative I never received the email, so therefore I clearly had not paid it off, yet now Im seeing that there is a monthly fee of $95 ever since my initial call. How is this ok? If I received the appropriate payoff email in the first place Id have it paid off! This is absolutely ridiculous to be charged this amount not one time, but every month!!! If I had it my way Id never have a loan with this bank and never will again. Hidden fees and lack of communication do not work for me! I overpay my loan every month and there is no early payoff fee, but the minute I want to pay off early, I get these extreme charges every month and yet no one followed through with sending an email?!! A payoff should also be sent by mail to ensure a person is definitely getting it as mistakes in sending emails out are made on your behalf. Id like to be refunded for these $95 fees charged on my account since May 2023 and to stop being charged for $95/month! Make it right!!

  

  Business response

  09/20/2023

  Thank you for the opportunity to respond to the complaint. 

  
  Per the Fee Schedule the customer was provided, at the time of their account setup, the customer was informed of the $95 payoff quote.  The payoff quote was forwarded to the customer on May 24. The $95 payoff quote fee is not a monthly fee; however, the customer does see the fee on each monthly statement because the fee is outstanding.  After the $95 fee has been paid then it will be removed from the customers statement.

• Initial Complaint

  08/29/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Evergreen needs to abide by the law and proper protocol. There was a breech of privacy with another party trying to attach themselves to my mortgage, which was private residential rental loan that I took out in my name for a property that I owned and paid on for over 7 years. This includes insurance and property taxes. You can't just let someone take over another persons loan or allow another party into a private account. This was extremely illegal. I called the moment this authorization document was submitted to let Evergreen Note servicing know that I had not signed anything allowing anyone into my account, demanding to see the document, and letting them know it was a forgery, yet they still allowed this person to access my documents, to hold my loan, and pay on it for months. I am absolutely furious. I saw the document after I got out of the hospital. I was in the hospital after a crime was committed against me at my home. Although aware that this was a forgery, the company continued to keep it on file to allow third party access to my mortgage. I am a single woman, unmarried, and do not have a domestic partnership. The misconduct of this company needs to be addressed.

  

  Business response

  09/05/2023

  Thank you for the opportunity to respond to the complaint. 
  
  Evergreen received legal documents confirming who the owner of the property is and the servicing account was updated based on those legal documents.  

• Initial Complaint

  08/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I have been leaving messages at Evergreen Note Servicing in *********************************, since May 2023 with absolutely no response. The only live person I have talked to are the poor people who answer the main phone and they can't do anything to help me. I have been carrying a real estate loan for about 10 years with no problems until now. The owner died, which I found out months later. He had a recent marriage and his widow, whom is not on the loan, caught up once but again does not pay. It is in default for the second time and I need help foreclosing on the loan. I need some answers, even if it is to tell me they won't help me! Loan # **************. Property ********************. ******* deceased/****** lender

  

  Business response

  08/28/2023

  Thank you for the opportunity to respond to the complaint. 
  Evergreen has been inundated with requests for assistance with foreclosure.  We have hired additional staff and we are currently working through the backlog.
  The complainant request has been resolved.  They have been contacted and we have provided contact information for a foreclosure company.

• Initial Complaint

  08/15/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  We have a 30 year mortgage, our payments are $384.77 a month, the account was set up 7/9/21, the first payment was due 8/1/21. We have paid all of our payments through their online system mynote.edsnote. All of our payments have been on time or early, we were told there was no penalty for making advanced payments, so we paid a few months ahead. Last year we went through a tight financial situation, but because we were a few months ahead on our payments, we figured we were fine. Our next payment wasn't due for a couple of months, when we made the payments we figured things were fine. One day we received a statement showing the amounts of what went to principal, interest, etc. We were shocked that from July of 2022 on none of our payments had gone to principal at all, everything went to interest. We had actually paid $400 a month and specified that the extra $15.23 go towards principal. Not a cent went to principal, they told us that we actually owed accrued interest, we did not understand how this was possible because we were still ahead on payments. They kept giving us the run around and different answers, the first time they told us that if we paid $25.41 it would pay the accrued interest and catch us up, so we sent a check in to pay this amount. This did not change things, our payment still went to interest, then they said that we were way behind on interest and that we needed to pay $411.40 to catch us up on interest, so we paid over the phone this amount on 6/28/23. We paid our regular monthly payment for August on 7/9/23 and finally $225.86 was applied to principal (the first payment to go towards principal since 6/22). We paid our September payment on 8/8/23, for some reason only $47.13 went to principal. We cannot get a straight answer from anyone at this company, but we feel we are being ripped off, we will never pay off our mortgage this way. Can you please assist us in this, the account number is **************. The account is under *********************, thank you.

  Customer response

  08/15/2023

  We are attaching a copy of the payments that we have paid this company that supports what we have said. This is directly from their website, thank you!

  Customer response

  08/29/2023

  It has been 2 weeks since we filed this complaint, there has been no response from Evergreen Note Servicing. We need to know what happens now, thanks.

  

  Business response

  08/31/2023

  Thank you for the opportunity to respond to the complaint. 
  The account is being serviced based on the terms in the Promissory Note.  The interest, which is due on the account, does change every month based on the dates payments are made.  Per the terms of the Note, interest must be paid first before any funds can be applied to principal.

  Customer response

  09/01/2023

   
  Complaint: 20472121
  
  I am rejecting this response because: the explanation does not expain why we have paid all of our payments early, and our payments are still ahead, but for the last year nothing has gone to principal. If this continues, we will never get this paid off, we have tried to ask for explanations, but get the run around. We were told that the interest was way behind, even though our payments were still ahead and that we had paid extra on several months, that we specified that anything extra should be applied to principal. Every time we called in we were told something different, we were told that if we paid $25.41 it would catch up the "accrued interest". We did not feel that we owed this, but wanted to get payments going towards principal, so we sent in a check for this amount in May. Again we noticed that they still were taking our full payment for interest, so we called back and they told us that we are being charged interest every day. The first person we spoke with gave us a total, we wanted to pay with our credit card, but they said they were unable to take that form of payment. So we called back the next day and spoke to someone else and they had no idea how the previous person had gotten that total, so they would need to call us back with the total amount we owed in "accrued interest" to catch up our account. We do not understand how when you make all of your payments on time or early how the interest gets behind. But we paid the amount that they told us, $411.40 which was more than our monthly payment. We paid our next monthly payment on 7/9/23 and finally something was paid to the principal! We thought that things were back on track $225.86 was applied to principal, we paid our next payment 8/8/23 to make sure it was within the 30 days, only $47.18 was applied to prinipal. We do not understand what is going on, we feel we are being taken advantage of. Every time we try to ask what is going on we get a different answer. Our payment is the same each month, but very little to almost nothing is being paid to principal. Something is not right here, if this continues, it will never be paid off. This is all we can think of at the moment, but we are very stressed out because we thought we were actually going to be able to pay off the property early, making our payments early and paying extra with each payment, but this way that will never happen in our lifetime. 
  
  Sincerely,
  
  ***** & *********************

  Customer response

  09/11/2023

  At one time you said we could contact the Attorney General, could you please provide us with this information. We do not feel that the company is being honest. We feel we are being ripped off, we pay all of our payments early, we are still a month ahead. All of their explanations do not add up, they do not explain why our payments are not being applied to the principal. Why for a year nothing was applied to the principal, even the extra amounts that we paid. They basically stole our money, after our 30 year contract is finished, we are responsible for a balloon payment if it is not paid off. With all of our payments, it should have been paid off within the 30 years, but they are making sure that this will not happen. We have already been paying for over 2 years, and our principal has barely gone down at all. Thank you for your assistance, Sincerely,

   

  ***** and *********************

  Customer response

  09/19/2023

  We have reviewed our account again today and realized that again Evergreen is trying to pull their scam saying that our payment is paid up to 10/01/2023 but the interest is paid to 09/06/2023, our next payment is not due until 11/01/2023. We have still paid our payments on time, but obviously they are punishing us for filing this claim. We have decided to contact an attorney and to contact the ************************* ourselves directly. This company is underhanded, they are scamming us, we have paid for a year only interest, our extra payments on top of our regular payments have been stolen, the 2 extra payments we paid went to interest, the 3 payments we have paid have mostly gone to interest, and now once again they are trying to play this game saying there is accrued interest. We are not going to put up with this, there has to be something we can do! We have again attached our newest payments from Evergreen Note, directly from their website, we also did a screenshot showing where it shows the paid to date and the interest paid to date. How these are different we have no idea? Thanks,

  ***** and *********************

• Initial Complaint

  07/20/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  The customer service and the management are ignoring my issue. This company charged me a $95 fee for a payoff request on account **************** when I was requesting what the process is. I have called multiple times to state that I did not formally ask for the payoff to be ordered and my email asks what the process was. They NEVER informed me that if I ordered a payoff then there would be a $95 fee charged. They simply took the request for the process as a request. This was my personal account and I was thinking about paying it off but wanted to be prepared when I had the money ready. I am not a title company filling out a form to request payoff so this company unfairly gouged a customer with a junk fee. **************** promises me that the manager will work on ticket # ****** and then nothing happens. I called multiple times and they ignore my request for them to fix a mistake they made versus reading the email that it was a request of the process.

  

  Business response

  08/02/2023

  Thank you for the opportunity to respond to the complaint. 

  
  Per the servicing agreement, the borrower signed, the borrower was aware of the $95 fee for requesting a payoff quote; however, since the borrower was only inquiring about the process we have waived the fee.  This issue has been resolved, Evergreen has worked with the complainant and no fee was charged for the payoff quote.

• Initial Complaint

  04/04/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  i would like to file a complaint against the employees and the evergreen note servicing for not creating an account to start taking money from my checking account to pay the other party that expecting the payments. until now i have gave this business all my info including my social security twice already but the keep saying they never receive all my Information, and they needed more copy of my social security via email. i already gave this business my social security twice and they would like to get it again ans again and when i refused to give it to them for a third times the employee send me a letter that they cancelled the pending set up on the account and refunded an amount of $255.00 . i would like to remind this business that i am complaining because i would like to *** them for not setting the account and wasting my time and balloon the payments i need to pay and now i could not pay the seller and i would like to evergreen to be responsible to this fraud activity of evergreen note servicing. i would liked to complaint of fraud against this no good employees of evergreen note servicing and have this kind of employee to be fired of job for misplacing my social security on who knows why this business are misplacing people social security than terminating the verbal contract they said they will set up?

  

  Business response

  04/11/2023

  Evergreen Note Servicing requires multiple documents in order to setup a servicing account, one of those documents is a signed IRS W9 form.  As ******************** stated, Evergreen did receive his social security number multiple times, however, it was submitted on unsigned W9 forms.  Evergreen was not requesting his social security number we were requesting a signed IRS W9 form.  The account setup request was cancelled as Evergreen never received the required signed IRS W9 form along with the other required documents.

  Customer response

  04/11/2023

   
  Complaint: 19893470
  
  I am rejecting this response because:
  this business id fraud. they send back my payments after i questions their credibility to open an account. all forms were signature even Infront of the first American title employees, so how dare this fraud people insulting the BBB of  fraud closing the account after being questioned?  also why you evergreen are giving a different explanation to me and to the BBB?  fix this problem or risk of being in a civil *** for the next six years, and think about the jury will punish you of penalties.
  Sincerely,
  
  ***********************

• Initial Complaint

  10/25/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We purchased a loan that Evergreen Note Servicing was handling for the company that sold it to us. They refuse to cooperate with the legal transfer of the loan to my company's loan servicer. They required the seller to pay an exorbinant "de-boarding fee" which is 2x the industry standard. They continue to refuse to comply with RESPA guidelines. They sent out a Goodbye letter to the borrower without the necessary new servicer information, unwilling to share the loan servicing system de-board file, etc. They have obfuscated the situation, refusing to provide the de-boarding tape in electronic format, stating that "they don't do that" which is completely against the standard industry practice. When we requested to be connected to their regulatory manager or person in charge of servicing they refuse. I have 3 independent colleagues in the industry that are experiencing the same issue at this time. Do not work with these people.

  

  Business response

  11/04/2022

  Thank you for allowing Evergreen the opportunity to respond.
  
  Evergreen did not refuse to cooperate,in review of the account, it appears that the complainant, ********************* only communicated one time with our office by email on 9/26. We replied to *********************** email requesting that he provide written authorization for us to provide account information as requested. No authorization was received from *********************. Evergreen protects the integrity of our accounts and will not disclose information to third parties without proper written authorization to do so.
  
  All of our communication to close/cancel/transfer the account was with the seller on file. Based on the sellers request to close the account, we provided the borrower a ***** transfer letter on October 7th with an effective date of October 20th, all in accordance with THE REAL ESTATE SETTLEMENT PROCEDURES ACT.
  
  Upon notification from the seller that the account would be transferred to a new servicer, we updated the ***** letter to include the new servicers information.
  
  Our office only requested the outstanding/delinquent servicing fees to be paid, we did not collect any de-boarding fees or account closure fees and furthermore we waived a portion of the outstanding servicing fees owed to Evergreen.
  
  Regarding the electronic format for providing documents to **************- again we did not receive proper authorization to do so.
  
  Evergreen has consistently participated in regulatory audits including servicing transfers and has proven to be in compliance.

• Initial Complaint

  08/19/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I received a bill from Evergreen for $250 for failure to respond to a payoff quote. I called them wanting to know what was going on. They said they had sent me a docusign on July 27, 2022 in an e-mail for a payoff on a property we owned. I went through my e-mails from July 27 to August 9th and found no docusign document.. I do not check my e-mails and I haven't deleted them so I could easily go back and check. I would like my fine to be dropped and my other note I am carrying with them stipulate no e-mails in reference to the that property.

  

  Business response

  09/09/2022

  Good Afternoon, 

  We have confirmed email was sent on July 26th as well as August 11th. 

  Evergreen has agreed to waive the fee. 

   

• Initial Complaint

  09/07/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I sold a business in **** on a owner carry contract. Evergreen Note Servicing been servicing the note since then. The payment is due the 1st of each month. Normally we receive on the 28th. Recently however, on July 30th, I received an email from them to inform me that August 1st ( just 2 days later ) they would begin withholding our payment for 8 calendar days prior to posting to our account to assure that the funds are good. I didnt receive a payment at all in August. They may have a need to do this but what I cant understand and the basis of my complaint is this: They made this policy change arbitrarily and without regard for the crisis they subjected me and their other clients to by implementing this change WITHOUT WARNING thereby allowing NO CHANCE for me to adjust my budget or make other arrangements. They cite pressure from regulators but I dont believe they were required to invoke this new policy so suddenly. I believe it has more to do with having new owners.

  

  Business response

  09/08/2021

  Towhom it may concern,
  
  Basedon conversations with regulators in numerous states including WA, AZ, and CA,and data gathered from our banking institutions, Evergreen Escrow Inc. andEvergreen Note Servicing have made changes to our policy in regards to therelease of funds. These changes were necessary to comply with what is commonlyreferred to as the Good Funds Rule.
  
  Asdebt collectors, we receive payments from debtors and then forward those fundsto the creditor.  By releasing funds too early, Evergreen was required to cover the NSFfunds from its corporate funds.  This was an unsustainable businesspractice, and a decision was made to verify the good funds before disbursementto the lender. We are required to be reasonably sure that thefunds are good funds before releasing to the creditor and we are instructed tobe expeditious and release the funds within a reasonable period (as you cansee in the excerpt from the email from ***********************, an examiner at the WADFI).  While many states do not specify aspecific timeline in which the proceeds must be released, the State ofCalifornia goes on to say that 30 days is deemed reasonable we release thefunds in 8 days or less. 
  
  
  
  From: ************************ A(DFI)
  Sent: Wednesday,August 18, 2021, 5:21 PM
  To: *******************
  Cc: ************************** A(DFI)
  
  Hello Drew,
  
  I am happy to assistyou regarding this matter.  TheWashington State Escrow Agent Registration Act provides specific timeframes forverifying good funds prior to disbursement.  You are correct that you cannot disburse payment until first verifyingfunds received are good funds.  On thedisbursement side, there are no specific timeframes stated, but section -550does state the escrow agent must perform all duties as expeditiously as possible.  
  
  Intentional ornegligent delay in such performance is a violation of RCW 18.44.301, andprovides grounds under RCW 18.44.430 (1)(h) and (i) for legal action againstthe escrow agent by the department.
  
  ***********************
  Financial Examiner
  DFI-Division ofConsumer Services
  

  Customer response

  09/09/2021

   
  Complaint: 15842485
  
  I am rejecting this response because: my complaint was not regarding your right and obligation to implement a policy change you deemed necessary to your business. It WAS and STILL IS in the manner it was implemented! It was done with NO warning. You notified me just TWO days before it became effective, thereby causing me to not receive a payment AT ALL for the month of August. This payment represents about half of our income and we rely on it as we have for 17 years. By arbitrarily withholding these funds for not 8 days but NINE you put us into a crisis that could have been avoided if you had just given us notice a couple of months ahead of making this abrupt change so we could have made adjustments to our budget. You showed a TOTAL lack of concern for the impact this would have on us, a loyal customer for over 17 years and all you can come up with is it could have been worse! To say you were required to do this by regulators without providing ample warning is disingenuous. You screwed up and you dont have the integrity to admit it and apologize. Shame on you. 
  
  Sincerely,
  
  *****************************

• Initial Complaint

  08/27/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I have a for sale by owner contract that I'm on with my two stepbrothers for the sale of our parents home to my friend *************************** who is the buyer, former neighbor and friend. She pays Evergreen every month via direct debit the amount of $1803.11. This has been ongoing for over 6 years. Suddenly, this month they are putting a hold on our funds for up to 8 days explaining to me today on the phone that they have to make sure Shelagh's check clears. They are lying becau I talk to ******* and this is auto debited out of her checking account every month on the 25th! They are arbitrarily holding our funds because they say they have a new corporate policy called "The Good Funds Procedure" which they started on July 29th, 2021. We pay them monthly having a contract with them from several year's ago and did not agree to this. We would've not gone through them if we knew they would start keeping this money for 8 days. This seems illegal since it's an auto debit payment. Please help resolve.

  

  Business response

  08/31/2021

  Towhom it may concern,
  
  Basedon conversations with regulators in numerous states including WA, AZ, and CA,and data gathered from our banking institutions, Evergreen Escrow Inc. andEvergreen Note Servicing have made changes to our policy in regards to therelease of funds. These changes were necessary to comply with what is commonlyreferred to as the Good Funds Rule.
  
  Asdebt collectors, we receive payments from debtors and then forward those fundsto the creditor.  By releasing funds too early, Evergreen was required to cover the NSFfunds from its corporate funds.  This was an unsustainable businesspractice, and a decision was made to verify the good funds before disbursementto the lender. We are required to be reasonably sure that thefunds are good funds before releasing to the creditor and we are instructed tobe expeditious and release the funds within a reasonable period (as you cansee in the excerpt from the email from ***********************, an examiner at the WADFI).  While many states do not specify aspecific timeline in which the proceeds must be released, the State ofCalifornia goes on to say that 30 days is deemed reasonable we release thefunds in 8 days or less. 
  
  
  
  From: ************************ A(DFI)
  Sent: Wednesday,August 18, 2021, 5:21 PM
  To: *******************
  Cc: ************************** A(DFI)
  
  Hello Drew,
  
  I am happy to assistyou regarding this matter.  TheWashington State Escrow Agent Registration Act provides specific timeframes forverifying good funds prior to disbursement.  You are correct that you cannot disburse payment until first verifyingfunds received are good funds.  On thedisbursement side, there are no specific timeframes stated, but section -550does state the escrow agent must perform all duties as expeditiously aspossible.  
  
  Intentional or negligentdelay in such performance is a violation of RCW 18.44.301, and provides groundsunder RCW 18.44.430 (1)(h) and (i) for legal action against the escrow agent bythe department.
  
  ***********************
  Financial Examiner
  DFI-Division ofConsumer Services

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩