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Address: 1600 Douglass Rd #200A, Anaheim, California, United States, 92806
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May 5, [redacted] RE: Loan No.: [redacted] Borrower: [redacted] Property Address: [redacted] CID No.: [redacted] Dear Mr***:The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of a complaint filed with the Revdex.com ("Revdex.com") regarding the above-referencedloan received in our office via email on April 20, CMS is committed toresponsible lending and servicing and we would like to address any concerns you may haveThefollowing is our response to the issue(s) raised in the inquiry.As we understand the complaint, you state that you have experienced difficulty in having CMSprovide you with a payoff statement and you believe that your loan was improperly assessedinterest in the amount of $You request that CMS reimburse you for the interest you paidfor the month of April 2015.At the outset, please note that the servicing of this Federal Housing Administration ("FHA")insured loan was transferred from [redacted] N.A("***") to CMS on December3, On December 4, 2013, the attached Notice of Service Transfer ("Hello Letter") wasissued to you notifying you of the service transfer to CMSAt the time of the service transferyour loan was contractually current and showing due tor the January 1, mortgage payment.A review of our records found that on March 20, 2015, you contacted CMS and inquired into theprocess of ordering a payoff statementThe CMS representative notified you that you couldrequest a payoff statement electronically via CMS's Loan Servicing Website ("LSW") at no costto youOn March 22, 2015, CMS received your payoff request from CMS's LSWOn March24, 2015, CMS completed the attached payoff statement and sent it to you via email at [redacted] ***.As you may recall, this payoff statement provided you with an amount of $35,to pay offyour loan on or before April 1, At the time the payoff statement was issued to you, yourloan was due for the April 1, mortgage paymentCMS would like to take the time toremind you that the first paragraph of page two of the March 24, payoff statement clearlynotified you that only certified funds or bank wires would be acceptable forms of payment.On or about April 1, 2015, CMS received personal check, number 2421, in the amount of$35,Because the payoff proceeds were not in the form of certified funds, CMS returnedyour personal check to you on April 1, The same day, CMS issued you the attached letternotifying you of the reason your personal check was returnedOn April 9, 2015, CMS spokewith you and confirmed that the payoff proceeds were returned to you as the form of paymentwas not made via certified funds as outlined within the March 24, payoff statement.On April 14, 2015, CMS received a money order, number ***, in the amount of $34,046.88which was intended to be applied as a full payoff of your loanBecause CMS received thispayment after April 1, 2015, an additional month of interest would be required to pay off yourloan in full.Please be advised that FHA loans incur interest monthlyThis information was also provided toyou within the March 24, payoff statementAccordingly, CMS ordered a new payoffstatement and began attempts to contact you to notify you of the payoff shortageCMS madetwo attempts to contact you on April 15, 2015; however, messages were left asking you tocontact CMS at your earliest convenience as the phone calls were not answered.On April 16, 2015, you returned CMS's calls and the CMS representative notified you that thepayoff funds of $34,were $less than the required amount to satisfy the loan in full.The CMS representative notified you that the reason for the difference was that your FHA loanincurred an additional month of interestAs an expression of our commitment to the higheststandards of customer satisfaction, CMS waived the customary phone payment fee of $andaccepted your phone payment of $over the phoneThis payment of $along withthe payoff money order of $34,was sufficient to pay your loan off in full.On May 1, 2015, CMS issued you an escrow refund in the amount of $In light of theabove, CMS respectfully declines your request to be refunded the interest that was incurred forthe month of April 2015.Finally, regarding the alleged poor customer service and communication you received, aninvestigation concerning your allegations will be conducted by CMS and CMS will takewhatever action necessary in light of our findingsAgain, we sincerely apologize for anyinappropriate communication that may have occurred.Based on the foregoing, we believe the record is clear that upon receipt of your payoff request,CMS promptly provided you with the payoff statement, and has properly serviced your loanwithin the bounds of federal, state and local laws and the related servicing agreementTo theextent that statements in your letter consist of allegations of wrongdoing of any nature by CMSor otherwise, all such allegations are deniedShould you wish to further discuss any aspect ofyour loan, we encourage you to contact our Customer Service Department at [redacted] forfurther assistance.We trust that this communication addresses all of the concerns noted in the complaintIf youhave any further questions, please contact the undersigned at [redacted] , Monday throughSincerely, [redacted] Customer AdvocateFriday, 8:00AM to 5:00PM, Eastern Time.CC: Revdex.com
Our loan was sold to CM as of Sept 1st 2017, we received little information about them from our previous servicer DiTechI attempted to call on Sept1st to make my payment however CM told me that they didn't have our loan information at that time and to give it a few days and they would get a welcome packet sent to us and we could make our paymentFast forward another days, Sept11th, we finally get a letter in the mail telling us our options to avoid foreclosure! I'm confused, we have not been late on our payments in years, I have bank statements to show we have never missed a payment and they are threatening foreclosureI call CM, sit on hold for minutes to finally speak to someoneThe lady was extremely rude and unprofessional, she tells me that she can't give me any information and that she knows I haven't been making paymentsWhen I tell her that I have the proof she hangs up on meI waited an hour to calm down and call back, this time sitting on hold for minutesA lady answers and I tell her my issue and that I can not make a payment online or through the phone payment system, she then tells me that is because I haven't made a payment since June 1st and if I don't pay two months worth of payments they will not take my moneyI tell her that I am looking at my bank statement and see where I made a payment to my previous lender on July 1st and August 1st 2017, she then puts me on holdShe comes back after a long wait and says that the payments were in fact made however they went towards my escrow account rather than my monthly paymentsI asked her why this was and she said because we can She then places me on hold again without telling me and then a lady named Jessica picked up, I once again explain the situation and the frustration and she assures me she is going to make things rightShe speaks to her manager and they tell me that they will move these funds back into the account to make my monthly payments for July and August and that I have $in unapplied fees available as wellShe states that I can't make a house payment until these payments have been applied to my account but that she will also credit the $to my account making my September payment cheaperShe tells me she will give me a call back in two days, this was days ago and no call back, and that she will call me when the account has been fixed, to no avail I still have a messed up account showing I am behind, no calls are being returned, and I have yet to be able to make my September house paymentWhen I told her I was contacting my attorney she told me she would fix everything and there would be no need for that Whatever you do, do not use this company, we are less than three weeks in and are already looking for a way out!!
August 27, [redacted] RE: Loan No.: [redacted] Borrower: [redacted] Property Address: [redacted] Complaint I.DNo.: [redacted] Dear Ms [redacted] : The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our via email on August 11, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in the inquiry As you are aware, our Customer Advocacy Department originally received an inquiry from you via the Revdex.com on July 13, which raises the same issues as this complaintAccordingly, the loan was researched and a response was sent to you by CMS on August 6, 2015, a copy of which is included here for your ease of referencePlease note that while the August 6, response has provided you with nineteen (19) pages of documents to support CMS’s response to you, CMS is not attaching another copy of the documents to avoid unnecessary duplication of efforts As we understand your most recent complaint, you claim that CMS has only modified your loan once despite the fact that CMS has modified your loan twice, has provided you with the terms of both loan modifications and has also provided you with copies of the loan modification agreements that you executed in the presence of a notary on November 25, and on December 13, For your reference, CMS is providing you with another copy of each of these two loan modification agreements and respectfully submits that CMS modified your loan twice as originally stated in the August 6, response CMS also understands that you claim that CMS is reporting your loan and payment information to the credit bureaus two months lateAgain, CMS respectfully disagrees with your claimPlease note that CMS typically reports loan and payment information to the major credit reporting agencies on or about the tenth day of the following monthFor example, CMS would report information to the credit reporting agencies on or about February 10, for loan payment information surrounding the month of January A review of our records as far back as January 1, found that CMS has reported your loan as 30-days past due for the months of March 2015, May, 2015, and June as CMS has in fact received the full contractual payments a month after the month in which these payments became due on the first day of each monthThis is the reason CMS has issued you mortgage statements showing that your loan was past dueCMS would like to remind you that a copy of your loan payment history was provided to you in the CMS’s August 6, response CMS is able to confirm that on March 3, 2015, CMS received funds in the amount of $which were applied to the March 1, mortgage paymentOn March 13, 2015, CMS was notified that this payment was returned unpaid by your banking institution as nonsufficient fundsIt was not until April 7, when CMS received and applied funds to replace the March 1, mortgage paymentThis payment was correctly reported as being 30-days past due on or about April 10, On April 28, 2015, CMS received and applied the payment that became due on April 1, which is why CMS reported that this payment was made within the same month that the payment became dueThis information was reported to the credit bureaus on or about May 10, On June 3, 2015, CMS received and applied your May 1, mortgage paymentAccordingly, CMS correctly reported this payment as being 30-days past due on or about June 10, On July 9, 2015, CMS received and applied your June 1, mortgage paymentCMS correctly reported this payment as being 30-days past due on or about July 10, In response to your concern that CMS has sent you foreclosure notices, please be advised that on July 7, 2015, CMS issued you the attached Notice of Intent to Foreclose (“NOI”)Pursuant to the terms of your loan documents, this notice is being sent when the loan becomes delinquent or past dueThe notice explained that your loan was in default for the nonpayment of the June 1, contractual payment and provided $1,as the amount required to cure the delinquencyThis letter also notified you that failure to cure the delinquency within thirty days may result in acceleration of the sums secured by the Mortgage and in the sale of the property On July 15, 2015, CMS received and applied your July 1, mortgage paymentOn or about August 10, 2015, CMS reported that this payment was made within the same month that the payment became dueOn August 14, 2015, CMS received and applied your August 1, mortgage paymentCMS has not yet reported this payment to the credit bureaus; however, CMS intends to report that this payment was made within the same month that the payment became due on or about September 10, In light of this information, CMS respectfully disagrees with your claim that CMS has improperly reported loan and payment information to the credit bureaus two months late Because you have indicated that you believe your mortgage payment is not late when it is paid on the sixteenth day of the month, please be advised that all payments are due on the first day of each month, and are considered late as of the second day of the monthIf the payment is not received by CMS on or before the sixteenth day of the month, a late fee will be assessed to your loanAny payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent In your complaint, you indicate that you wish CMS to provide you with mortgage assistanceAs you are aware, CMS received your most recent loan modification application for consideration under the Home Affordable Modification Program (“HAMP”) on December 19, After gathering all of the required information from you, CMS determined you failed to qualify under HAMP as your post modification debt to income ratio of 16.92% was outside of the required program range of 25-42%Consequently, CMS issued you the attached HAMP Non-Approval Notice on January 27, CMS then reviewed your loan for a Non-HAMP loan modification and determined that based upon your verified monthly income and the current mortgage payment at the time the review was completed you were not eligible for a loan modificationAccordingly, CMS issued you the attached Loan Modification Non-Approval Notice on January 27, If you are experiencing financial difficulty in paying the above referenced monthly contractual payment and have had a change in your financial circumstances, we encourage you to apply for mortgage assistanceCMS offers various loss mitigation workout options that may be available to youYou may visit CMS’s website at [redacted] to learn more about the loss mitigation workout options and to upload the required documents electronicallyYour complete mortgage assistance application package may be sent to CMS via email at [email protected] or via fax at [redacted] In addition, you have the option to contact a United States Department of Housing and Urban Development (“HUD”) approved housing counselor at no cost to youA HUD approved housing counselor can help you make a budget so that you can meet your monthly mortgage payment and other expense obligationsThe HUD approved counselor will have information about local resources that may be helpful to you For your ease of reference, more information regarding the benefits of contacting a HUD approved counselor can be found on MHA’s website at [redacted] In addition to accessing MHA’s website, you may also call [redacted] to speak to an expert advisor immediately, twenty four hours a day, seven days a week and this valuable, around-the-clock service is available at no cost to you Because your most recent correspondence appears to be substantially similar to correspondence previously addressed by CMS, no further response from CMS is requiredMoreover, please be advised that because CMS has now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims Based on the foregoing, we believe the record is clear that CMS has in fact modified your loan on two separate occasions, has correctly reported your loan and payment information to the credit bureaus timely, and has properly issued you accurate mortgage statements and notices informing you of the status of your loan and the consequences you could face if the loan delinquency was not resolved within thirty days of such notice being sent to youAs of the date of this letter, your loan is contractually current and showing due for the September 1, mortgage paymentShould you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] for further assistance We trust that this communication addresses all of the concerns noted in the complaintIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, 8:AM to 5:PM, Eastern Time Sincerely, [redacted] CC: Revdex.com IMPORTANT DISCLOSURES -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] ***, or calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at carringtonms.com -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting the Customer Service Department at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
January 12, [redacted] Dear Mrand Ms [redacted] : The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on January 6, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in the inquiry As you are aware, our Customer Advocate Department previously received a Revdex.com complaint from you on November 29, which raises some of the same issues as your most recent inquiryAccordingly, the loan was researched and a response was sent to you by CMS on December 16, 2016, a copy of which is included here for your ease of referenceIn an effort to avoid an unnecessary duplication of efforts, CMS is not providing you with another copy of the supporting documents enclosed with that responsePlease be advised that although CMS will not again respond to the issues that CMS has previously addressed in detail, CMS will respond to all new concerns raised to the fullest extent possible In your most recent Revdex.com complaint, you claim that a majority of the December 16, response letter had nothing to do with the issue at handYou also claim that CMS did not make the September 16, escrow analysis available to you via its Loan Servicing Website (“LSW”) until you contacted CMS and requested another copy of the analysis to be mailed to youThe resolution you desire is for CMS to reverse the late fee payment, waive the late charge and apply the funds to your principal balance While CMS apologizes if you felt a majority of the December 16, response letter did not focus on the issue at hand, we respectfully submit that it was reasonable to provide you with a comprehensive history outlining the prior escrow analyses due to the escrow related concerns raised in your complaintMoreover, such information was provided in response to your claim that CMS failed to properly notify you of the increase to your November 1, payment as a result of an escrow analysis completed and issued to you on September 16, In response to your claim that CMS did not make the September 16, escrow analysis available to you via its LSW, please note that applicable law does not require CMS to provide you with an electronic copy of such analysisNevertheless, CMS has contacted the LSW administrator and has confirmed that the escrow analysis was in fact made available to you online as of September 16, In light of this information, CMS respectfully submits that not only did CMS mail an escrow analysis to you on September 16, 2016, an electronic copy was made available to you online that same day During the course of our investigation, it was discovered that your LSW account setting preferences were not updated to elect to receive email notifications when escrow analyses became available onlinePlease be advised that if you would like to receive email notifications when mortgage statements, escrow analyses, and/or annual tax statements become available, it will be necessary to update the “Delivery Options” within your LSW account and agree to the terms and conditions before saving the changes Based on the foregoing, we believe the record is clear that CMS has properly serviced your loanBecause the late charge of $in connection with the November 1, payment was properly assessed to your loan and was not attributed to a CMS handling or posting error, CMS respectfully declines your request to reverse or remove the late charge from your loanFinally, because we have now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claimsShould you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at (800) 561-for further assistance We trust that this communication addresses all of the concerns noted in the complaintIf you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, 8:AM to 5:PM, Eastern Time Sincerely, [redacted] Customer Advocate CC: Revdex.com IMPORTANT DISCLOSURES -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 3489, Anaheim, CA 92803, or by calling 1-800-561-Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at https://carringtonms.com/ -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at (800) 569-or toll-free TDD (800) 877-8339, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfmYou can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267- -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at (800) 561-4567, Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at P.OBox 3489, Anaheim, CA
May 25, Sent via the Revdex.com Portal and U.SMail: [redacted] and [redacted] RE: Case Number: [redacted] Loan No.: [redacted] Borrower: [redacted] Borrower: [redacted] Property Address: [redacted] Dear Mrand Mrs***, The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) and received in our office via email on April 28, CMS is committed to responsible lending and servicing, and we would like to address any concerns you may have The following is our response to the issue(s) raised in the inquiry As we understand your complaint, you claim that the prior servicer foreclosed on the property and should have sent you a On the that CMS issued, you believe that CMS incorrectly indicated that the property was abandoned and that the outstanding principal balance is $205,You also indicate that CMS advised you in a prior correspondence that this loan is FHA insuredHowever, when you contacted FHA, you state that FHA informed you this loan is no longer FHA insuredFinally, you claim that CMS sent you correspondence indicating that you owe money on a foreclosed property and that CMS will not remove the delinquency reported on your credit profile At the outset, please note that the Customer Advocacy Department originally received your complaint filed with the Consumer Financial Protection Bureau (“CFPB”) in our office on December 4, 2014, which raised many of the same issues as this complaintA copy of the CFPB response letter is enclosed In the CFPB response, CMS indicated that you do not owe any money on the loan due to the foreclosure sale held in January CMS also indicated that it retained insurance funds totaling $129,for fire damage that occurred at the subject property on or about February 15, The funds were retained pursuant to the terms of the Note and Security Deed both dated March 6, and because your property was covered by lender-placed insurance which did not provide coverage for your personal belongings when the damage occurredIn addition, CMS correctly indicated previously that this loan is FHA insured as it originated as an FHA insured loanHowever, due to the fire damage that occurred at the property, CMS could not convey this property to the U.SDepartment of Housing and Urban Development (“HUD”) post-foreclosure saleOn June 22, 2015, CMS was approved to remarket the property via a Real Estate Owned (“REO”) saleThus, on June 25, 2015, the loan was converted from FHA insured to conventional In the complaint, you indicate that the prior servicer should have issued the because they were servicing the loan when the foreclosure sale was heldAs you may recall from the prior response, the servicing of this loan transferred from [redacted] (“***”) to CMS on August 1, When the servicing of a loan transfers in the same tax year that a foreclosure sale was completed, the acquiring servicer is responsible for issuing the Although [redacted] had completed the foreclosure sale for the subject property on January 7, 2014, the post-sale servicing functions were not completed when the servicing of this loan transferred to CMSAs of the date of this letter, the post-sale servicing functions for this loan have been completed On or about February 16, 2016, CMS sent you a 1099A for the tax year In box of the 1099A, CMS indicated that the date of acquisition or knowledge of abandonment was June 22, CMS reported June 22, as the date of acquisition due to a clerical errorIn box 2, CMS indicated that the outstanding principal balance at the time of sale was $205,Finally, in box 3, CMS indicated that the fair market value of the property was $ After reviewing our records, we determined that CMS should have provided you with a 1099A for tax year instead of In order to correct this issue, CMS will need to prepare corrective 1099A forms for tax years and The 1099A for tax year will reflect a January 7, acquisition date, a fair market value of $21,840.00, and an outstanding principal balance at time of sale of $205,CMS will reissue a corrected 1099A for tax year reflecting an outstanding principal balance of $with no date of acquisition CMS contacted the IRS and requested corrective 1099A forms for tax years and However, CMS was informed that it will take up to ten business days for the forms to arrive at CMSOnce the 1099A forms for the tax years and are received, CMS will make corrections to both forms and send them to you immediately If you would like to check on the status of the 1099A forms, we encourage you to contact the undersigned at [redacted] Monday through Friday, 8:AM to 5:PM, Pacific Time Regarding your assertion that CMS reported your property as abandoned on June 22, 2015, please note that box of the 1099A requires CMS to report the date of lender’s acquisition or knowledge of abandonmentSince the foreclosure sale was held on January 7, 2014, CMS is required to report the date of acquisition as January 7, Finally, regarding your assertion that CMS will not remove the delinquency reported on your credit profile, please note that CMS submitted an Automated Universal Data (“AUD”) form to the major credit agencies in December which removed anything previously reported by CMSSince the foreclosure sale occurred prior to the August 1, servicing transfer, CMS is unable to make any corrections to your credit profile as reported by the prior servicerFor your ease of reference, a copy of the Experian Credit Profile Report dated May 23, is enclosed We trust that this communication addresses all of the concerns noted in the complaint Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may haveWe can be reached at [redacted] Monday through Friday, 8:AM to 5:PM, Pacific Time Sincerely, [redacted] Customer Advocate Enclosures: CFPB Response Letter Experian Credit Profile Report dated May 23,
The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of a complaint filed with the Revdex.com regarding the above-referenced loanreceived in our office via email on November 26, CMS is committed to responsiblelending and servicing and we would like to address any concerns you may haveThe followingis our response to the issue(s) raised in the inquiry.At the outset, please note that the servicing of this Federal Housing Administration ("FHA")insured loan was transferred from JPMorgan Chase Bank N.A("JPMC") to CMS on or aboutDecember 3, Attached for your ease of reference is a copy of the December 9, 2013Notice of Service Transfer ("Hello Letter") sent to you by CMS that notified you of the servicetransferAt the time of the service transfer your loan was contractually in default and showingdue for the November 1, payment.Please note that CMS has attempted to assist you in seeking an affordable mortgage paymentsince the loan was transferred to CMSTo that end, CMS began sending you communicationsnotifying you of the no-cost loss mitigation programs that were designed to assist homeowners inavoiding foreclosure on December 24, 2013.On May 30, 2014, CMS received your initial request for mortgage assistance applicationAreview of your Request for Mortgage Assistance form ("RMA") found that you documented thatthe co-borrower did not occupy the property and was no longer contributing to the payment ofthe mortgageBecause your application did not provide CMS with a completed RMA form, acopy of a social security award letter, a recorded quit claim deed removing the co-borrower'sinterest from the property and/or the co-borrower's fmancial information, CMS issued you theattached Initial Package Acknowledgement - Incomplete Notification on June 4, ThisIncomplete Information Notice ("IIN") required that CMS be in receipt of the missinginformation on or before July 4, 2014.On June 6, 2014, CMS spoke with you and confirmed receipt of your initial application package.After providing you with the status of your loan, the CMS representative provided you with adetailed itemization of the missing informationOn June 10, 2014, you contacted CMS andadvised the CMS representative that you would be sending the missing information to CMS thatdayThe CMS representative informed you that once the missing information was received,CMS would contact you to let you know if there was any missing information at that time.Later, on June 10, 2014, CMS received additional information from you including an unrecordedquit claim deed and social security award letter; however, CMS was not in receiptof the required recorded quit claim deed, a social security award letter, and a completedRMA formOn June 18, 2014, CMS spoke with you and provided you with a detaileditemization of the missing informationThat same day, CMS received additional informationfrom youA review of the additional information found that CMS received another copy of theun-recorded quit claim deedAt that time, CMS was still not in receipt of the requiredinformation.On June 25, 2014, CMS attempted to contact you to notify you of the missing information.Because CMS's call was not answered, CMS left you a voicemail asking you to return the call.On June 26, 2014, you returned CMS's call and the CMS representative informed you that CMSwas not in receipt of the required recorded quit claim deedThe CMS representative assistedyou by providing information to help you obtain a recorded quit claim deed.On June 27, 2014, you contacted CMS and requested the email address to send the missinginformation to CMSThe CMS representative provided you with the email address [email protected] that day, CMS received additional informationfrom youOn July 1, 2014, you contacted CMS and the CMS representative informed you thatCMS received the additional information; however, the documentation was not yet reviewed todetermine if you provided all of the missing information at that time.On July 3, 2014, CMS reviewed the additional information and determined that CMS was stillnot in receipt of your social security benefit award letterOn July 9, 2014, CMS attemptedto contact you to notify you of the missing informationBecause the call was not answered,CMS left you a voicemail asking you to return the callBecause CMS did not receive a returncall from you, CMS attempted to contact you again on July 11, to notify you of the missinginformationCMS left you a voicemail to return the call as the call was not answered.Later that same day, CMS issued you the attached FHA Home Affordable Modification Program("FHA-HAMP") non-approval notice as CMS was not in receipt of the missing informationwithin the allotted timeframeOn July 15, 2014, you contacted CMS and requested a status ofyour loan modificationThe CMS representative informed you of the recent non-approval due toyour failure to provide the required missing information and you agreed to return your completedapplication to CMS within the near future.On August 20, 2014, CMS received your new request for mortgage assistance applicationAreview of your new application found that the 4506T-EZ form you provided was improperlycompletedIn addition, CMS was not in receipt of two months of your bank statements tosupport receipt of your child support income, proof of the wages disclosed on your RMA form inthe amount of $780.00, and all social security income for the household as your RMA formdisclosed a monthly social security income of $960.00, while CMS was only in receipt of socialsecurity income totaling $480.00.Accordingly, CMS issued you a new IIN on August 22, This new TIN required that CMSbe in receipt of the missing information on or before September 21, On August 28, 2014,CMS received additional information from youOn September 8, 2014, CMS reviewed theadditional information and determined that the 4506T-EZ form you provided was stillimproperly completed and required signatures from both borrowersIn addition, CMS was stillmissing proof of the monthly wage income of $780.00, and confirmation of the total householdsocial security income.On September 9, 2014, CMS spoke with you and provided you with a detailed itemization of themissing informationThe CMS representative requested that that you provide a completed4506T-EZ with both signaturesOnce you explained that you would be unable to secure the coborrower'ssignature, the CMS representative requested that you correct the 4506T-EZ andreturn it to CMS with your signatureYou notified the CMS representative that while twochildren in the household received social security income totaling $480.00, a third child wholived with your spouse received $1,in social securityThe representative requested thatyou provide this information to CMS within a Letter of Explanation ("LOE").On September 17,2014, CMS received additional information from you and on September 18,2014, CMS notified you that additional information was receivedOn September 24, 2014, CMSreviewed the additional information and determined that the updated 4506T-EZ you providedwas still improperly completed as you provided the co-borrower's information without hissignatureWhile the LOE you provided confmned that you received monthly wage income of$to $800.00, CMS was not in receipt of your paystubs.On September 26, 2014, CMS attempted to contact you to notify you of the missing information.Because the call was not answered, CMS left you a voicemail asking you to return the call.When you returned the call that same day, the CMS representative discussed all of the missinginformation required from you and addressed all of the questions you hadAdditionally, becauseyou stated that you no longer received wage income, the CMS representative requested that youprovide CMS with an updated RMA form removing the wage income that you initially disclosed.Because you explained that you were a student and you received financial aid, the CMSrepresentative requested that you provide proof of the financial aid and evidence of receipt.On September 29, 2014, CMS was not in receipt of the missing informationAccordingly, CMSissued you a new FHA-HAMP non-approval notice as CMS was not in receipt of the missinginformation on or before September 21, We would like to remind you that each of theabove referenced non-approval notices were issued to you well after the date by which CMSrequired you to return the missing informationOn September 30, 2014, you contacted CMS andthe representative that you spoke with informed you of the recent non-approval.CMS then received incomplete information from you on September 30, and October 1,On October 2, 2014, you contacted CMS and the CMS representative explained that CMSreceived additional information from you; however, CMS had not yet reviewed the informationfor completeness at that timeYou informed the CMS representative that you did not provideCMS with a copy of your bank statements, but that you would be sending them to CMS thefollowing day.Upon review of the additional information that you sent, CMS determined that the informationyou sent to CMS was still incomplete as CMS was not in receipt of proof of child supportincome, pay stubs, a divorce decree, recorded quit claim deed, and a completed RMA form.Because the information sent to CMS was incomplete and the prior loss mitigation review wasdeclined due to an incomplete applicatio~ CMS was not required to acknowledge this newincomplete package.On October 8, 2014, you contacted CMS and the representative informed you that CMSreviewed the information you sent to CMS and the application was not acknowledged due tobeing incompleteYou expressed your dissatisfaction that your request for mortgage assistancewas not approvedThe representative informed you that in order for CMS to review yourrequest for mortgage assistance, CMS must be in receipt of your completed application.During this phone call, you informed the representative that you did not have electronic copies ofall of the required information and that was why you were unable to send a completedapplication to CMSThe CMS representative explained that CMS is not required to gathermissing information from previously declined reviews and encouraged you to print all of theinformation required and fax your completed application to CMS at your earliest convenience.On October 6, 2014, CMS received your new request for mortgage assistance applicationAreview of your new application found that the bank statements you provided showed depositsfrom Interim Healthcare; however, CMS was not in receipt of proof of this income.Accordingly, CMS issued you the attached Initial Package Acknowledgement - IncompleteNotification requesting that CMS be in receipt of the missing information on or beforeNovember 13, On October 16, 2014, CMS spoke with you and provided you with themissing information.On October 17, 2014, CMS received additional information from youOn October 23, 2014,CMS determined that your application was completeCMS then ordered a copy of the requiredfederal tax transcripts and property title report that same dayAlso on October 3, 2014, CMSsent you an email notifying you that your file was complete and the review process was movingforwardOn November 4, 2014, the file was sent to the underwriting for a final determination.On November 20, 2014, CMS determined that your loan did not qualify for a loan modificationas CMS was unable to create an affordable payment without changing the terms of your loanbeyond what was required under applicable program guidelinesAccordingly, the attachedFHA-RAMP non-approval notice was issued to you that same dayOn November 24, 2014,CMS contacted you and notified you of the recent non-approvalOn November 25, 2014, CMScontacted you and you confirmed that you were not interested in pursuing liquidation options.We would like to take this opportunity to notify you that if you have had a change in yourfinancial circumstances and would like to be reconsidered for mortgage assistance, we encourageyou to visit our borrower portal online at www.cmsborrowerportal.com to learn more about theprogram options and to upload the documents electronicallyYour complete loan modificationapplication package may be sent to CMS via fax at (877) 267-or via email [email protected], regarding the alleged poor customer service and communication you received, aninvestigation concerning your allegations will be conducted by CMS and CMS will takewhatever action necessary in light of our findingsAgain, we sincerely apologize for anyinappropriate communication that may have occurred.Based on the foregoing, we believe the record is clear that CMS has diligently attempted to assistyou in securing an affordable mortgage payment, although your financial circumstances at thetime of the most recent review resulted in a non-approval of all available home retention lossmitigation programsIt is also clear that CMS has properly communicated with you throughoutthe each of the review processesShould you wish to further discuss your available options, weencourage you to contact our Home Retention Department at (866) 874-for furtherassistance.We trust that this communication addresses all of the concerns noted in the complaintIf youhave any further questions, please contact the undersigned at (866) 874-5017, Monday throughFriday, 8:00AM to 5:00PM, Pacific TimeSincerely, [redacted] Customer Advocate
August 6, [redacted] RE: Loan No.: [redacted] Borrower: [redacted] Property Address: [redacted] Complaint I.DNo.: [redacted] Dear Ms [redacted] : The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on July 13, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in the inquiry At the outset, please note that CMS has attempted to assist you in seeking an affordable mortgage payment and in avoiding foreclosure since To that end, CMS first modified your loan on November 26, This initial loan modification lowered your principal and interest payment from $1,to $This loan modification also lowered your interest rate from 8.79% adjustable to 7.25% fixed for the remaining term of the loanThe delinquent interest in the amount of $3,was capitalized giving you a newly modified principal balance of $141,Your loan was brought contractually current and due for the December 1, paymentRegretfully, your loan eventually fell delinquent for the October 1, mortgage payment In another effort to assist you in securing an affordable payment and in avoiding foreclosure, CMS modified your loan a second time on December 14, This second loan modification lowered your principal and interest payment further, from $to $and also lowered your interest rate further, from 8.79% fixed to 5% fixed for five yearsYour loan was amortized over a year term to make the payment more affordable (the maturity date remained the same) and all of the outstanding late charges in the amount of $were waivedThis loan modification also deferred a non-interest bearing portion of your principal balance in the amount of $24,The interest due in the amount of $2,and the escrow advances in the amount of $1,were capitalized, giving you a newly modified interest accruing principal balance of $119,Your loan was brought contractually current and due for the January 1, payment A review of our records found that you remained contractually current on your mortgage payments as CMS received the full contractual payment within the same month that each payment became due through the month of February CMS would like to take this opportunity to remind you that all payments are due on the first day of each month, and are considered late as of the second day of the monthIf the payment is not received by CMS on or before the sixteenth day of the month, a late fee will be assessed to your loanAny payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquentWe encourage you to remit your payment to CMS on the date that it becomes due to prevent late fees, or derogatory credit reporting for any unexpected issues that may arise when making your monthly mortgage payment On February 20, 2014, CMS received and applied your February 1, mortgage paymentBecause this payment was received after the sixteenth day of the month, a late charge in the amount of $was assessed to your loanThis late charge was paid at the time that CMS received your February 1, mortgage payment On March 31, 2014, CMS completed an analysis of your escrow account and issued you the attached escrow analysisThe escrow analysis determined that your escrow account contained an escrow shortage in the amount of $This escrow shortage was spread over a period of twelve months and resulted in an increase to your mortgage payment from $to $effective with the June 1, mortgage paymentFor your ease of reference, a breakdown of the June 1, mortgage payment is outlined below Principal and Interest: $ Monthly Escrow Shortage: $ ($divided by 12) June 1, Payment $ Although CMS received no payment from you during the month of March 2014, CMS received your March 1, payment on April 9, On May 2, 2014, CMS applied your April 1, and May 1, mortgage paymentsCMS assessed two additional late charges for the months of March and April in the amount of $each for a total late charge balance due of $CMS is able to confirm that you paid these late fees in full on May 2, On June 4, 2014, CMS applied your June 1, mortgage paymentAlthough CMS received no payment from you during the month of July 2014, CMS applied your July 1, mortgage payment on August 1, On September 8, 2014, CMS applied your August 1, mortgage paymentOn October 7, 2014, CMS applied your September 1, mortgage payment and on November 3, 2014, CMS applied your October 1, mortgage paymentOn December 4, 2015, CMS applied your November 1, mortgage payment Because the July 1, through October 1, mortgage payments were received after the sixteenth day of the month in which the payments became due, late charges in the amount of $each were assessed to your loan for the months of July through October for a late charge balance due in the amount of $In addition, a thirty day late remark was transmitted to the credit reporting agencies for each month that CMS was not in receipt of your full contractual payment within the same month that the payment became due Please be advised that on November 10, 2014, CMS updated your loan to show that your property was located in a location declared as a federal disaster area by the Federal Emergency Management Agency (“FEMA”)It is important to note that during the time that loan was updated with this information CMS did not assess any late charges to your loanOn November 13, CMS ordered a property inspection to determine whether the property sustained damage from the severe storms and flooding during the period of September 7, through September 9, that affected the area where the subject property is located On December 4, 2014, CMS received and applied your November 1, mortgage paymentAlthough your November 1, mortgage payment was not received on or before the sixteenth day of November 2014, a late fee was not assessed to your loanOn December 10, 2015, the $property inspection fee was assessed to your loan On January 8, 2015, CMS received and applied your December 1, mortgage paymentOn February 5, 2015, CMS received and applied your January 1, mortgage paymentPlease be advised that although the December 1, and January 1, mortgage payments were paid after the sixteenth day of the month, CMS did not assess any late fees to your loan for these two additional monthsOn February 11, 2015, CMS received and applied your February 1, mortgage payment which brought your loan contractually current and showing due for the March 1, mortgage paymentAfter the application of your February 1, mortgage payment, the outstanding late charges remained in the amount of $That same day, CMS determined that your property was not impacted by the federally declared disaster and appropriately removed the disaster are coding from your loan On March 3, 2015, CMS received funds from you in the amount of $which were applied to the March 1, mortgage payment that same dayOn March 13, 2015, CMS was notified that this payment was returned unpaid by your banking institutionThis returned payment caused your loan to be due for the March 1, mortgage payment and a $Non-Sufficient Funds (“NSF”) fee was assessed to your loanIn addition, a late charge in the amount of $was assessed to your loan bringing the late charge balance to $($plus $equals $148.30) and your total fee balance to $which includes the $NSF fee and the $property inspection fee On April 7, 2015, CMS received funds in the amount of $which were applied to the March 1, mortgage payment in the amount of $and the remaining $was placed in an unapplied status until the time that CMS was in receipt of additional funds required to satisfy the April 1, mortgage paymentBecause CMS was not in receipt of your April 1, payment on or before the sixteenth day of April 2015, a late charge in the amount of $was assessed to your loan bringing the total late charge balance to $($plus $equals $177.96)The $NSF fee and the property inspection fee remained outstanding for a total fee balance of $ On April 28, 2015, CMS received funds in the amount of $from you which were sufficient to satisfy the April 1, mortgage payment in the amount of $The remaining $was applied along with the $that was previously held in an unapplied status and the combined amount of $was applied to reduce your late charge balance from $to $($minus $equals $118.61)The $NSF fee and the $property inspection fee also remained outstanding at this time for a total fee balance of $ While CMS did not receive a payment from you in the month of May 2015, CMS received funds in the amount of $from you on June 3, That same day, CMS applied $to the May 1, mortgage payment and the remaining $was held in an unapplied status until the time that CMS received additional funds required to satisfy the June 1, mortgage paymentYour late charge balance increased to $($plus $equals $148.27) as CMS did not receive a payment from you in the month of May The $NSF fee also remained outstanding at this time for a total fee balance of $ On July 9, 2015, CMS received funds in the amount of $of which $was applied to the June 1, mortgage payment and the remaining $was placed along with the $that was previously held in an unapplied status bringing the unapplied balance to $Because CMS was not in receipt of your June 1, mortgage payment on or before the sixteenth day of the month, a late charge in the amount of $was assessed to your loan on June 17, This late fee increased the total late charge balance to $($plus $equals $177.93)The $NSF fee also remained outstanding at this time for a total fee balance of $ On July 15, 2015, CMS received funds from you in the amount of $which were combined with the $held in an unapplied status for a total amount of $These funds were applied to the July 1, mortgage payment in the amount of $583.01, $was applied to the NSF fee, and the remaining $was applied to late fees, bringing your late fee balance due to $After the application of these funds, your NSF fee balance was $and the property inspection fee of $remained due Upon receipt of your complaint and after a thorough review of your loan, CMS has determined that the $property inspection fee should not have been assessed to your loanAccordingly, CMS has taken the appropriate steps to remove this $property inspection fee from your loanCMS sincerely apologizes for any inconvenience you may have experienced due to the inadvertent clerical error that caused this property inspection fee to be assessed to your loan As of the date of this letter, your loan is contractually current and showing due for the August 1, mortgage payment in the amount of $with a NSF fee balance due in the amount of $Attached for your ease of reference is a copy of your loan payment history beginning on January 1, and continuing through August 4, Also attached is a copy of CMS’s loan servicing system payment codes and definitions In response to your concerns that CMS may have improperly reported information to your credit profile, please be advised that CMS is obligated by federal law to provide timely and accurate credit reporting in regard to the current loan status, payment history and loan informationWe have determined that the information reported to the major credit bureaus properly reflects your payment history and loan informationWe are, therefore, unable to make the requested changes to the reported information Based on the foregoing, we believe the record is clear that CMS has diligently assisted you in avoiding foreclosure and in securing an affordable mortgage payment as CMS has completed two loan modifications that resulted in two separate reductions of your mortgage paymentIt is also clear that CMS has properly applied all funds received from you to your loanWhile CMS regrets that the property inspection fee was assessed to your loan, upon discovering the inadvertent clerical error, CMS has taken the necessary measures to remove the $fee from your loanShould you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] for further assistance We trust that this communication addresses all of the concerns noted in the complaintIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, 8:AM to 5:PM, Eastern Time Sincerely, [redacted] CC: Revdex.com IMPORTANT DISCLOSURES -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] ***, or calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at carringtonms.com -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting the Customer Service Department at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
September 4, [redacted] RE: Loan No: [redacted] Complaint No.: [redacted] Property Address: [redacted] Dear Mr***: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on August 10, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in your inquiry As we understand your complaint, you claim that you paid your mortgage payment on May 1, and you are owed one half of the unused payment along with the remaining escrow balance in the amount of $You go on to say that CMS owes you a refund totaling $1,and that the refund check you received on July 15, in the amount of $was returned which caused you to be assessed $in bank fees Please note that on May 2, 2015, CMS received your payment in the amount of $1,which was applied towards your May 1, paymentIt is important to note that interest accrues in arrears and the funds received were applied to the April interest that was dueThe May payment received was applied as follows: $to Principal, $to Interest and $to Escrow On or about May 6, CMS provided you with a payoff statement good through June 6, in the amount of $167,On May 15, 2015, CMS received a payoff in the amount of $167,which was less than the total amount due as referenced aboveThat same day, $167,was applied to Principal, $was applied to Interest and $was applied to the Recording FeeSince the above-referenced loan is a Federal Housing Administration (“FHA”) loan, you were required to include the monthly interest installment in the amount of $as part of the payoffThe Payoff Statement provided contains an “Important Notice for FHA Loans” disclosure which advises borrowers or potential authorized third parties that prepayments/payoffs that are received after the installment due date (after the first day of the month) must include interest to the next installment due dateFor example, your loan was next due for the June 1, payment; therefore, at the time payoff funds were received, the interest due was for the next installment dueThese funds are remitted to HUD and cannot be refunded to youAttached for your ease of reference is a copy of the payoff statement dated May 6, On or about May 30, 2015, CMS issued check number [redacted] for $which was sent to you via regular mailOn July 8, 2015, our records indicate you contacted our Customer Care Department to follow up regarding the status of the refund check issued to you on May 30, At that time of your call, a request was placed by one of our agents to place a stop payment on check number [redacted] and reissue a replacement checkThe request for a stop payment was processed on July 13, for check number ***, and check number [redacted] was issued as a replacement on or about July 14, Our records indicate you contacted our Customer Care Department on July 20, and advised our agent that the escrow refund had been returned by your financial institution and that you had been assessed bank feesOn August 6, 2015, a stop payment was issued on check number [redacted] and check number [redacted] was issued on August 10, Lastly, with regards to your request for reimbursement of a $bank fee due to the returned check that arrived on July 15, 2015, please note that y our complaint referenced that you had submitted a fax to our Customer Research Department and Customer Care Supervisor to review your request for reimbursement of the bank feeWe have checked with our Research Department and [redacted] , the Customer Care Supervisor and we found no evidence that CMS received your bank statements on the date indicated in your complaintNevertheless, CMS has agreed to reimburse you your bank fees solely as an expression of our commitment to the highest standards of customer satisfactionPlease note that the reimbursement is contingent upon receiving copies of your bank statements which reflect the $bank fee in questionPursuant to my conversation with your authorized third party [redacted] on September 1, 2015, we encourage you to submit your bank statements to the undersigned via fax at [redacted] Upon receipt of your bank statement, we will submit the request for reimbursementThe request for reimbursement will take approximately twenty-four (24) to forty-eight (48) hours from receipt of your bank statement and will follow under separate cover We trust to have fully addressed your current concerns referenced in your complaintIf you should have further questions or concerns, you may contact the undersigned directly at [redacted] , Monday through Friday, 8:AM to 5:PM, Pacific Time Sincerely, [redacted] Customer Advocate CC: Revdex.com -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] , or calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 9:p.mEastern Time, Monday through FridayYou may also visit our website at [redacted] -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD STATEMENT- Pursuant to section of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your homeYou may obtain a list of the HUD-approved housing counseling agencies by calling the HUD nationwide toll free telephone number at [redacted] -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Service Members Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting the Customer Service Department at [redacted] , Monday through Friday, 8:a.mto 9:p.mEastern Time or by mail at [redacted] ***
August 13, [redacted] RE: Loan No.: [redacted] Borrower: [redacted] Property Address: [redacted] Complaint I.DNo.: [redacted] Dear Mr***: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on July 17, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in the inquiry As we understand the complaint, after the servicing of your loan was transferred to CMS you have requested CMS to establish automatic reoccurring monthly drafts for the payment of your loanYou are dissatisfied that CMS has not processed your request timelyYou also state that you have experienced difficulty contacting CMS because your calls to CMS have been placed on an extended hold and some have resulted in your call being disconnected As you are aware, the servicing of this Veteran’s Administration (“VA”) insured loan was transferred from [redacted] (“***”) to CMS on April 2, On April 6, 2015, CMS issued you the attached Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMSAt the time of the service transfer your loan was contractually current and showing due for the April 1, mortgage payment in the amount of $1,This payment was made up of principal and interest in the amount of $1,and a monthly escrow payment in the amount of $ A review of our records found that on April 20, 2015, you contacted CMS in regards to difficulty you were experiencing accessing CMS Loan Servicing Website (“LSW”)During this phone conversation, the CMS representative provided you with information to assist you in successfully accessing CMS LSWOn April 22, 2015, CMS attempted to contact you to secure the April 1, mortgage payment and because the call was not answered, the CMS representative left you a message asking you to return CMS’s phone call On April 24, 2015, you returned CMS’s phone call and informed the CMS representative that you unsuccessfully attempted to make a payment on CMS’s LSWBecause the April 1, mortgage payment was unpaid at that time, you explained that you would attempt to successfully pay the April 1, mortgage payment via CMS’s LSWOn April 24, 2015, CMS received and applied your April 1, mortgage payment via CMS’s LSW April 27, 2015, CMS received the attached Auto Draft Authorization (“ADA”) form requesting CMS to establish automatic reoccurring monthly drafts for the payment of your mortgage on the sixteenth day of each monthCMS is able to confirm that while the banking information was entered into CMS’s loan servicing system, the automatic reoccurring monthly draft was not activated due to an inadvertent clerical errorCMS would like to take this opportunity to sincerely apologize for any inconvenience you may have experienced to the unintentional clerical error that caused the automatic reoccurring monthly drafts for the payment of your loan not to be fully processed On May 14, 2015, CMS spoke with you and during this phone conversation, you inquired whether CMS had activated the automatic reoccurring monthly drafts for the payment of your loanBecause it typically can take up to forty-five days to establish the re-occurring drafts, the CMS representative informed you to continue making mortgage payments until you were notified by CMS in writing that the re-occurring drafts were established On May 15, 2015, CMS received and applied your May 1, mortgage paymentOn June 16, 2015, CMS received and applied your June 1, mortgage paymentOn July 16, 2015, CMS received and applied your July 1, mortgage paymentIt is important to note that each of the above referenced mortgage payments were made via CMS’s no-cost online payment option Upon receipt of your complaint, CMS has taken the appropriate actions to establish and activate your request for CMS to establish automatic reoccurring monthly drafts for the payment of your mortgageCMS is able to confirm that your full mortgage payment in the amount of $1,will automatically draft from your bank account beginning on September 16, Another letter will also be sent to you shortly under separate cover outlining this informationAgain, CMS sincerely apologizes for any inconvenience you may have experienced to the unintentional clerical error that caused the automatic reoccurring monthly drafts for the payment of your loan to be delayed In regards to your claims that you have been unable to contact CMS because your calls have been placed on hold or disconnected, CMS is unable to locate any evidence that there is an issue with CMS’s phone systemWhile it is common that CMS experiences higher call volumes on the first day of the month, the sixteenth day of the month, and the last business day of the month, CMS is unaware of any systematic issues that would cause your calls to be disconnectedCMS is uncertain if you were making these calls from a mobile phone and if any calls that may have been disconnected may have been a result of loss of cellular receptionRegardless, CMS apologizes for any perceived telephone issues that caused your call to be disconnected Based on the foregoing, we believe the record is clear that once CMS was notified of the delay in establishing automatic reoccurring monthly drafts for the payment of your mortgage, CMS promptly corrected the issue and completed the activation of the automatic reoccurring monthly drafts that you requestedShould you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] for further assistance We trust that this communication addresses all of the concerns noted in the complaintIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, 8:AM to 5:PM, Eastern Time Sincerely, [redacted] CC: Revdex.com IMPORTANT DISCLOSURES -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] ***, or calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at [redacted] -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting the Customer Service Department at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below [The answer still does not explain the payment increase of $100+/- in my opinionThe Check for $that I received from Arrowhead insurance stated it was a refund for overpaymentEven if the $was an error and it had to be repaid that would add $to the payment for months; if I add in the fact that my insurance had increase $that would only add $for a total of $Also, the $annual insurance increase was gradual over the year period.] Regards, [redacted] ***
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below They fixed the error in the last complaint and now are reporting delinquent for March, April, and May See Attached Thanks
April 29, 2015Via Regular Mail: [redacted] RE: Complaint No: [redacted] Loan No.: [redacted] Property Address: [redacted] ***Dear Ms [redacted] :The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of your complaint filed with the Revdex.com ("Revdex.com") received in our officevia email on April 3, CMS is committed to responsible lending and servicing and wewould like to address any concerns you may haveThe following is our response to the issue(s)raised in the inquiry.As we understand your complaint, you claim that after your house was lost due to fire, you wereassessed late charges and that you received notice that your property was being placed intoforeclosureYou also state that you contacted CMS to request the payoff amount to bring yourloan current several times and were told different information in each instanceYou further claimthat you were told by CMS that the insurance proceeds check you mailed to us did not cover thefull payoff amount even though the insurance check was for $3,more than the payoffamount.At the outset, please note that the servicing of your loan transferred from Bank of America("BANA") to CMS on August 2, Attached is a copy of the August 3, Notice ofService Transfer ("Hello Letter") sent to you by CMS.In your complaint, you stated that you were improperly assessed late charges as your house waslost to a fireIt is important to note, that while CMS began servicing the loan as of August 2,2014, the Real Estate Settlement Procedures Act ("RESP A") at USC 2605( d) prevents CMSfrom treating any payment as late for any purposes until the expiration of sixty days after theeffective date of the servicing acquisitionThis sixty day period is specifically intended to allowthe acquiring servicer the necessary time to receive the acquisition file from the prior servicerand to ensure the records of the acquiring servicer reflect the correct loan information.A review of our records indicates that you were only assessed late fees for your late payments forSeptember and October Your loan was not assessed a late fee for your outstandingmortgage payments due for January 1, and February 1, A summary of your paymenthistory is as follows.On August 18, 2014, CMS received your payment in the amount of $for your August 2,20IpaymentNo late fee was assessed to your account for this payment pursuant to the RESPAsixty day servicing transfer periodPlease be advised that because CMS was not in receipt ofyour September 1, 20Ipayment within the sixty day RESPA period, a late charge of $58.89was assessed to your loanCMS also assessed a second late charge to your loan as CMS was notin receipt of your October 1, mortgage payment on or before October 16, 2014.Following your August payment, CMS did not receive another payment from you untilNovember 6, On November 6, 2014, you remitted a cumulative payment in the amount of$2,for your September 1, 2014, October 1, and November 1, payments.However, only one of the two late charges in the amount of $was satisfied with yourNovember 6, paymentA breakdown of how your November 6, payment was appliedto your loan is as follows: September 1, Payment$October 1, Payment$November 1, Payment$Late Charge (September 1, 2014) $Total Payment Received on November 6, 2014.................................$2,262.65On December 15, CMS received funds in the amount of $which was applied to yourDecember I, paymentNo late fee was assessed to your account for this payment as CMSwas in receipt of your full payment on or before the sixteenth day ofthe monthYour December1, payment did not include funds to satisfy the late fee of $58.89, which remainedoutstanding for your October 1, paymentFollowing your December 15, payment,CMS did not receive any additional funds with the exception of the payoff check received onFebruary 25, Although CMS was entitled to additional late charges, CMS did not assessany additional late charges to your loan for the months of January and February 2015.I understand your concern that CMS may have mishandled the payoff check that you submittedto CMS on February 25, in the amount of $59,However, a review of our recordsindicates that CMS properly handled your payoff check with appropriate diligence and providedyou a refund of the excess proceeds within the timeframe required by applicable lawOnFebruary 25, 2015, CMS received your payoff check, a copy of the payoff statement, and a noterequesting CMS to send the remaining balance from the payoff to [redacted] ***.On February 26, 2015, CMS applied $55,to your principal balance and $wasapplied to the outstanding late fee assessed on October 17, as the October 1, paymentwas not received by CMS within fifteen days after the payment due dateAfter all otheroutstanding payments were applied to your loan, the excess amount of $3,remainedAreview of our records indicates that the overage amount of $3,was issued to you onMarch 14, 2015, and the check cleared on April 14,2015.With regards to the late fees to the subject loan, our review shows that the fees in question werecorrectly assessed as the subject loan was over thirty (30) days delinquent when CMS receivedboth the September 1, and October payments on November 6, Although weunderstand that your house was lost to a fire around January 3, 2015, these fees were incurredprior to that dateAdditionally, you promised to pay by entering into a contractual obligation byexecuting the Note and Deed of Trust on June 20, Attached for your ease of reference is acopy of your Note and Deed of Trust ("Security Instrument") both dated June 20, 2006.Based on the terms and conditions outlined in the Security Instrument, you agreed to pay theprincipal sum of $62,010.00, with payments due on the first day of each month beginningSeptember 1, Pursuant to the terms of your Security Instrument, you are responsible for allof your monthly mortgage payments until your loan is paid in fullThe loan agreement does notinclude a provision to exclude the obligation to make the monthly payment in the event theproperty is damaged by tireHowever, oftentimes homeowners have provisions in theirhomeowners' insurance policy for times like theseIt may be worth contacting your insuranceprovider to determine if you had this coverage.In your complaint, you also claim that a foreclosure action has been initiated against yourpropertyPlease be advised that because CMS was not in receipt of the January 1, payment,the attached Notice of Intent to Foreclose ("NOI") was sent to you on February 5, WhileCMS issued you the attached NOI, at no time did CMS refer your loan to foreclosure.Additionally, CMS did not report to the credit reporting agencies that the loan was subject toforeclosure.We sincerely apologize for any perceived difficulties you encountered when attempting to obtainthe payoff quote from CMSHowever, it appears CMS diligently attempted to assist you withyour payoff request on several occasionsOur records show that on January 7, 2015, you calledCMS several times requesting a verbal payoff quote immediatelyYou were advised by the CMSrepresentative to request your payoff quote online or via faxUnfortunately, CMS is unable toprovide a payoff quote verbally over the telephone as the payoff request process can take severaldays to produce a quoteWe sincerely apologize for any inconveniences you may haveexperienced in obtaining the payoff amount.On January 8, 2015, you contacted CMS and the representative provided you with the faxnumber to request a payoff statementCMS then received another call from you on January 14,requesting a payoff quoteThe CMS representative provided you with the fax number andwith instructions regarding the submission of your payoff requestOn January 27, 2015, CMSwas in receipt of a letter requesting that a payoff quote be faxed to your attention to (201) 706-As supported by the attached Payoff Statement dated January 28, 2015, a payoff quote wastimely generated at your request and sent to you via fax at the number you provided.On February 9, 2015, you called CMS and requested an update regarding your payoff statement.Later the same day, CMS attempted to reach you by phone and left a voicemail advising you thatyour payoff quote was faxed to you and sent via regular mailCMS then generated an AmendedPayoff Statement dated February 11, 2015, which provided updated payoff figures to you.Attached for your ease of reference is a copy of the February 11, Amended PayoffStatementSubsequently on February 12, and February 13, 2015, CMS attempted to faxyou the requested payoff quote to your fax number of [redacted] However, both attemptsreturned with no answer.With regard to your request that CMS reverse any negative credit reporting accrued, CMSrespectfully declines as the information reported to the credit agencies properly reflects your loaninformation and statusAs supported by the information above, you did not remit your January1, payment within thirty days of the due dateAny negative credit reporting accrued due tothe missing January 1, payment is legitimateAs your loan was paid in full beforebecoming thirty (30) days delinquent on February 26, 2015, you were not reported negatively toa crediting agency for that monthAttached for your ease of reference is a letter dated March 30,CMS submitted an electronic credit correction to the credit reporting agencies in order toshow the February 1, payment rating as current and not thirty (30) days delinquentPleasebe advised that it may take up to thirty (30) days from the date of correction for the creditreporting agencies to update their recordsIt is important to note that CMS is obligated byfederal law to provide timely and accurate credit reporting in regard to the current loan status,payment history and loan information.In response to your claim that you were notified that you still owed $after CMS receivedand applied the payoff funds to your loan, CMS is unable to locate any evidence to support thisclaimWhile CMS strives to provide reliable and accurate information to all borrowers, shouldyou have been provided with incorrect information, your complaint indicates that the CMSrepresentative promptly corrected any misstatement that may have been made to you.Regardless, CMS sincerely apologizes for any inconvenience you may have experienced due toany misinformation you may have temporarily received.Lastly, regarding the alleged poor customer service and communication you received, aninvestigation concerning your allegations will be conducted by CMS and CMS will takewhatever action necessary in light of our findingsAgain, we sincerely apologize for anyinappropriate communication that may have occurred.Based on the foregoing, we have concluded that CMS has properly serviced your loan includingproviding you with a timely payoff statement, properly applying the payoff to your loan andpromptly issueing the payoff refund, and has correctly reported loan and payment information tothe major credit reporting agencies.We trust that this communication addresses all of theconcerns noted in the complaintIf you have any further questions, please contact theundersigned at [redacted] , Monday through Friday, 8:00AM to 5:PM, Pacific Time.Sincerely, ~ [redacted] ***Customer Service AdvocateCC: Revdex.com [redacted] at [redacted] ***
As a disabled veteran, I and my family have been left homeless after receiving a Mortgage Pre-qualification from Carrington Mortgage services, then subsequently entering into a home purchase contract, paying for a home inspection and VA appraisal, and then having our loan denied with NO material change in our employment, income, credit standing or other information as listed in the pre-qualification letter As we were buying a home, we gave up our rental property and began to move out, with full knowledge and approval of the mortgage Broker, [redacted] After we had packed up and moved our belongings, we found out our mortgage was denied for late credit card payments in All credit, epmployment and income information was provided prior to the pre-qualification letter being issuedWe are now homeless and believe the mortgage servicer has engaged in very bad business practices, which has contributed to our present situationAlso, though we recieved a verbal dis-approval, I ha
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below I will continue to reject Carrington's resolution until they make this situation right by agreeing to sell my mortgage back to [redacted] at the original purchase priceAgain, I was assured by Carrington customer service reps on several occasions that only change to the loan would be the servicerI was told my mortgage payment would not increaseTheir bogus escrow threshold required is just a way for them to recoup the money they spent acquiring loans from [redacted] My escrow account was just evaluated by [redacted] in March and my payment increased by $a month beginning April If Carrington fails to relinquish me back to [redacted] , I will began speaking with numerous local and national media outlets to prevent other customers from enduring the same nightmare I have with CarringtonAgain, I do not currently, nor will I ever agree to this proposed resolution from Carrington Regards, [redacted]
May 11, ORIGINAL SENT VIA REGULAR MAIL [redacted] RE: Loan No.: [redacted] Case No.: [redacted] Primary Borrower: [redacted] Property Address: [redacted] Dear Mrs [redacted] : The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com received in our office via e-mail on April 15, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in your inquiry As we understand the complaint, you allege that your loan was recently transferred from [redacted] , N.A(“***”) to CMS and that CMS has not made any contact with youYou go on to say that when you called CMS you waited an average of twenty (20) minutes and that your account has been locked pending reviewDue to your account being locked, you allege that you have been unable to make a payment onlineMoreover, you state that you are concerned about the accumulation of interest due to your inability to make your paymentConsequently, you are requesting that your account be unlocked, you don’t wish to remain on hold for longer than five (5) minutes when calling CMS, and you want a handwritten apology from an executive outside of the Customer Service department At the outset, please note that the servicing of your loan was transferred from [redacted] to CMS on or about April 2, At the time of the service transfer your loan was contractually current and next due for the April 1, payment Based on a review of your loan, please be advised that CMS sent you a Notice of Servicing Transfer (“Hello Letter”) on April 6, The Hello Letter was sent to your home address at [redacted] ***For your reference, a copy of the Hello Letter is attached hereto as Exhibit “A”The purpose of the Hello Letter was to advise you that CMS would start collecting your mortgage loan payments effective April 2, and to advise you that your prior servicer, ***, would no longer accept payments received from you after April 1, Additionally, the Hello Letter made you aware that, pursuant to federal law, CMS would not assess any type of late fee or report any delinquency for the first sixty (60) days following the effective date of transferAlso included in the Hello Letter was the address to submit the monthly mortgage payments, the address to our Customer Service Department, and the phone number to our Customer Service DepartmentLastly, the Hello Letter also enumerated the various methods available to you for making a payment and it included the processing fee for each method (if applicable), instructions on how to complete your payment, and instructions on how to create your online account on CMS’s website Subsequently, CMS sent you a Notice of Sale of Ownership of Mortgage Loan (“NSOML”) on April 9, The NSOML was also sent to your home address at [redacted] ***For your reference, a copy of the NSOML is attached hereto as Exhibit “B”The purpose of the NSOML was to advise you, as required by federal law, that ownership of the mortgage loan had been sold, transferred or assigned to a new creditorMoreover, the NSOML confirmed that your loan was sold on April 2, and that your new creditor was CMS Furthermore, the NSOML reminded you that your new servicer was CMS and provided you with a contact number and a scope of responsibilities that CMS would handleLikewise, you were made aware that CMS would handle the ongoing administration of your loan which would include receipt and processing of payments, resolution of payment-related issues, and answering any other inquires you may have regarding your loanAdditionally, the NSOML further explained that the transfer of the lien associated with your loan would be recorded in the public records of the local County Recorder’s office for the county or local jurisdiction where your property is located In addition, our records indicate that on April 9, you called CMS to inquire about your new account number and about making a paymentDuring the phone call, the CMS representative advised you that CMS had recently mailed you a Hello Letter informing you of your new account number, our contact information, and instructions on how to make a paymentIn addition, the CMS representative provided you with your new account number and explained the various options available to you for making a payment A few minutes later, your husband, [redacted] , called CMS to advise that he was unable to make an online payment using the account number provided to youMoreover, he expressed his concerns about not receiving any notification from CMS regarding the servicing transfer or notice of sale of ownershipThe CMS representative did advise that the Hello Letter and NSOML were both sent and should arrive shortly via regular mailLastly, the CMS representative advised that she was unable to disclose any account information because CMS did not have your written consent to disclose account information to your husbandIn an effort to assist with the online account access, the CMS representative did advise your husband that he was missing a digit from the account number he was typing into the online registration pageMoreover, the CMS representative advised she would gladly confirm the correct account number once you, the accountholder, called in to verify On that same day, you called CMS in the evening to verify the account number in order to complete your online account registrationThe CMS representative provided you with your correct account number and you indicating during the call that you had written it downSubsequently, the CMS representative advised you that your account had a bankruptcy alert when it transferred from [redacted] and that there was a possibility that you would not be able to process your online payment due to the alertYou and your husband both proceeded to finish registering your online account and when you attempted to click on the “Make a Payment” link, you received a message on the CMS website indicating that your account must meet certain criteria to process your requestThe CMS representative confirmed that the message was triggered by the bankruptcy alert on your account and asked that you call the next day during business hours to speak with a Bankruptcy Department representative to have that alert removedMoreover, the CMS representative did advise that the Bankruptcy Department was already working on reviewing all of the [redacted] transfer loans with similar alerts Thereafter, you called CMS on April 14, to advise that you were still unable to make your payment onlineMoreover, you go on to say that the last time you called you were advised by the CMS representative that he would remove the bankruptcy alert so you could make your paymentPlease note, however, that on April 9, the CMS representative advised that you would need to call back and speak with a Bankruptcy Department representative to have the bankruptcy alert removedWe find no evidence in our records that the CMS representative advised you that he would remove the bankruptcy alertMoreover, during your April 14, phone call, the CMS representative did offer to accept your payment over the phone and waive the pay-by-phone feeInstead of making the payment free of charge, you asked that the CMS representative add your husband to the account as an authorized partyThe CMS representative confirmed she could add him as an authorized third party for thirty (30) days based on your verbal consentAdditionally, you were advised to write, sign, and date a letter where you provide his name, number, and a passcode to permanently add your husband as an authorized party on the accountLastly, you asked what you needed to do to have the bankruptcy alert removed and the CMS representative informed you that the Bankruptcy Department was finalizing their review of all [redacted] transfer loans that had a bankruptcy alert Thirty (30) minutes later, on that same date, your husband called CMS to advise that you were told that a Bankruptcy representative could not speak with you because they were too busy updating all the loans transferred from ***Please note that the CMS representative who spoke with you gave you the option to take your payment over the phone free of charge and advised you that the Bankruptcy Department was still working on updating all loans that transferred from [redacted] with a bankruptcy alertAt no time during your call did you ask to speak with a Bankruptcy representative nor did the CMS representative advise you they were too busy to take your callDuring your husband’s call, the CMS representative offered, once again, to take the payment over the phone free of charge and your husband refused stating he did not wish to call every month to make a payment by phonePlease note, however, that CMS did not indicate you would need to call every month to make a paymentThe offer to take your payment over the phone was solely as an expression of good faith while CMS’s Bankruptcy Department finished updating all the loans that transferred from ***At that point, your husband did not wish to make a payment over the phone and asked to speak with a Customer Service ManagerDuring the transfer to the Manager, the call terminatedWhile we do not know the precise reason the call terminated, we acknowledge that it may have been due to a network error with our phone system On April 16, 2015, two (2) days after you and your husband last called, CMS’s Bankruptcy Department finished updating your account and removed the bankruptcy alert that had prevented you from making your payment onlineAs of the date of this letter, your account has been updated and all bankruptcy alerts have been removedIf you wish, you may log in to your online account and make your payment by visiting https://carringtonms.com Ultimately, we acknowledge that, during the period immediately after the transfer of the loans from ***, CMS experienced an unusually high volume of callsConsequently, although CMS strives to answer all customer calls promptly, customers calling CMS may have occasionally experienced infrequent hold periods longer than we prefer while waiting to speak with a CMS representativePlease know that CMS did everything in its ability to speak with all customers and answer as many calls as possible within a reasonable timeframeNevertheless, CMS understands your frustration and we sincerely apologize for any inconvenience you may have experiencedAdditionally, we believe that the underlying causes for the delays have been resolved and it is unlikely that you will experience similar wait times going forwardOnce again, CMS sincerely apologizes for any inconveniences you may have experienced and we will continue to improve on our services in order to offer a better experience for all of our customers As always, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaintIf you wish to contact CMS you may do so by calling our Customer Service Department at [redacted] , Monday through Friday, from 8:00AM to 8:00PM, Eastern TimeYou can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted] Lastly, if you wish to learn more about the additional services available at CMS please visit our website at [redacted] to obtain that information We trust that this communication addresses all of the concerns noted in your complaintIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, from 8:00AM to 5:00PM, Pacific Time Sincerely, [redacted] Customer Advocate CC: Revdex.com -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] , or calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at carringtonms.com -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
May 17, [redacted] RE: Case No: [redacted] Loan No.: [redacted] Property Address: [redacted] Dear Ms***: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal to our response to your complaint (the “Rebuttal”) filed with the Revdex.com (“Revdex.com”) and received in our office via email on May 9, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in the inquiry We regret that you were dissatisfied with our response to your complaintCMS is committed to the highest standards of customer satisfaction and professionalism, and for this reason, we take all legitimate complaints regarding the conduct of our business very seriouslyAlthough we understand you are not pleased with the outcome, your complaint was investigated fairly and we believe it was resolved appropriately Upon review of your rebuttal, we could not discern what exact issue or issues you are attempting to raise without additional information and clarification from youNevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to clarify our response in this matter As stated in our previous response, our records show that you have included an extra $with your monthly payments each month since the loan service transfer to CMS on December 2, Based on the payment history of your loan, the extra $payments have been applied to principal curtailment with the exception of the March 1, 2015, the March 1, 2016, and the April 4, paymentsAttached for your ease of reference is a payment history that shows payment transactions on your loan from April 3, to May 5, Please note that when the payments mentioned above were made to CMS, your escrow account was showing a negative account balanceTherefore, these payments were applied in accordance with the established Payment Application Hierarchy for this VA insured loan, which states that extra payments must be applied towards any outstanding escrow shortage before the payment can be applied to principal curtailmentBelow for your ease of reference is a summary that shows the escrow balance, and how these payments were applied to your loanIn addition, attached for your ease of reference are copies of the billing statements dated April 6, 2015, April 4, 2016, and May 5, showing these payment transactions Additionally, below for your ease of reference is a summary of the Payment Posting Hierarchy Payment Posting Hierarchy • Principal and Interest Payment • Taxes and Insurance Payment • Escrow Advances • Late Charges • Corporate Advances • Other Fees • Pay up to payment ahead • Curtailment Payment Overages • Payments received for more than the scheduled monthly payment (principal, interest, escrow) are allocated following the Payment Posting Hierarchy above We trust that this communication addresses all of the concerns noted in the complaintIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, 8:AM to 5:PM, Pacific Time Sincerely, [redacted] Customer Advocate CC: Revdex.com -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] ***, or by calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at https://carringtonms.com/ -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
I am seeking recovery of penalties and fees for improper posting of a payment(May mortgage payment) The "defendant" received payment on time but posted it to an escrow account because it was not a full paymentHowever, the "defendant" failed to advise the "complainant" that there was an increase in the amount of the payment dueThe monthly invoice did not reflect an increaseSubsequently the "defendant" is charging late fees and penaltiesThe difference between the payment received by them and the increase I had to send was $The "defendant" is now whole, but the complainant is out the fees and penalties and possible reporting of the "late" payment to the credit bureaus This is the third incident of this sort I have had which has involved them posting a payment incorrectly and then sending me a Dunning letter demanding immediate payment or foreclosureNot only are their accounting practices questionable but their customer service is abhorrent
September 1, ORIGINAL SENT VIA REGULAR MAIL [redacted] RE: Loan No.: [redacted] Complaint No.: [redacted] Borrower: [redacted] Co-borrower: [redacted] Property Address: [redacted] [redacted] Dear Mr& MrsHoffman: The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on August 6, CMS is committed to responsible lending and servicing and we would like to address any concerns you may haveThe following is our response to the issue(s) raised in your inquiry As we understand your complaint, you allege that your loan was recently transferred from [redacted] (“***”) to CMSYou go on to say that CMS has failed to report your loan payment history and account status to the major credit bureaus since the effective date of service transferAfter contacting CMS, you state you were provided with inconsistent information as to when CMS would begin reporting your loan information to the credit bureausConsequently, your desired resolution is for CMS to immediately report your loan payment history and account status to the credit bureaus and provide confirmation of the same At the outset, please note that the servicing of your loan was transferred from [redacted] to CMS on or about April 2, At the time of the service transfer your loan was contractually current and due for the April 1, payment As a preliminary matter, while CMS began servicing your loan as of April 2, 2015, the Real Estate Settlement Procedures Act (“RESPA”) prevents CMS from treating any payment as late for any purposes until the expiration of the sixty (60) days after the effective date of service transferThis information is outlined on page two (2) of the Notice of Servicing Transfer (“Hello Letter”) that CMS sent you on April 6, For your reference, attached hereto as Exhibit “A” please find a copy of the April 6, Hello LetterAs a result, in order to comply with RESPA guidelines, CMS suppressed the reporting of your loan payment history and account status for the period of sixty (60) days following the effective date of service transfer from your prior servicer to CMS Specifically, please note that CMS typically reports your loan payment history and account status to the major credit bureaus on or about the tenth (10th) day of the following monthFor example, CMS will report to the credit bureaus on or about February 10, for the loan payment history and account status encompassing the month of January Please further note that because your loan was transferred to CMS on April 2, 2015, the sixty (60) day period did not expire until the end of business on June 2, Consequently, CMS suppressed credit reporting for the months of April 2015, May 2015, and June That said, our records do indicate that on August 10, our office reported your loan payment history and account status to the major credit bureaus for the month of July For your knowledge, the Fair Credit Reporting Act (“FCRA”) requires each of the major credit bureaus ( [redacted] , [redacted] , and [redacted] ) to provide you with a free copy of your credit report, at your request, once every twelve (12) monthsIf you would like to obtain additional information regarding your rights as a consumer or a free copy of your credit report, CMS encourages you to visit the United States Federal Trade Commission (“FTC”) website at [redacted] Additionally, regarding the alleged inconsistent information you claim to have received from our CMS representatives regarding the exact date that CMS would report your loan payment history and account status, CMS sincerely apologizes for any inadvertent miscommunication you may have received regarding the exact date that CMS would begin reporting to the major credit bureaus As of the date of this correspondence, our records indicate receipt of your August 7, payment in the amount of $2,and applied to your August 1, paymentYour account is now due for the September 1, payment in the amount of $2,As a reminder, your Promissory Note provides you a fifteen (15) day grace period after the due date to pay your monthly payment without a late chargeIn other words, the mortgage payments are due on the first (1st) of each month and a late fee will be assessed if the payment is received after the sixteenth (16th) of the month In closing, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaintIf you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted] , Monday through Friday, from 8:00AM to 8:00PM, Eastern TimeYou can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted] We trust that this communication addresses all of the concerns noted in your complaintIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, from 8:00AM to 5:00PM, Pacific Time Sincerely, [redacted] CC: Revdex.com -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] ***, or calling [redacted] Please include your loan number on all pages of correspondenceThe CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at carringtonms.com -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loanIf you are represented by an attorney with respect to your mortgage, please forward this document to your attorney -CREDIT REPORTING- We may report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit reportAs required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC -SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediatelyThe federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate reliefFor additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determinationYou may request such documents or receive further assistance by contacting the Customer Service Department at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
Tell us why hereMay 3, [redacted] ***RE: Loan No.: [redacted] Primary Borrower: [redacted] Co-Borrower: [redacted] Property Address: [redacted] ***, [redacted] ***Complaint I.DNo.: [redacted] Dear Mrand Ms [redacted] :The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on April 13, CMS is committed to responsible lending and servicing and we would like to address any concerns you may have The following is our response to the issue(s) raised in the inquiry.As we understand your complaint, you state that there have been several payments you made to CMS that are missing from your account history You claim that because CMS has not applied all payments you have made to your loan, late charges have been assessed to your loan You state that several attempts have been made to rectify the situation; however, these attempts have not resolved your concernsThe desired resolution you seek is for CMS to update your loan to reflect that all payments have been made and for the late charges to be removed from your loan.As you are aware, our Customer Service Research Department received an inquiry from you on February 12, which raises the same issues as this complaint Accordingly, the loan was researched and a response was sent to you by CMS on March 2, A copy of that response is included here for your ease of reference Although you claim that CMS has not properly applied payments to your loan, your complaint does not provide CMS with any specific information as to why you believe payments have not been applied nor does your complaint provide CMS with information outlining which payment(s) you believe have not been applied to your loan Without such information from you, CMS is unable to complete the research necessary to ensure that all funds received from you have been properly applied to your loan, or to take any necessary action to remove any invalid charges from your loan (if applicable).Please be advised that as of the date of this letter, your loan is showing due for the April 1, mortgage payment in the amount of $1, The last payment applied to your loan was on April 14, which satisfied the March 1, mortgage payment Currently, there are funds in the amount of $being held in an unapplied status until the time that CMS is in receipt of additional funds required to satisfy the April 1, mortgage payment.Attached for your ease of reference is a copy of your loan payment history covering the period that CMS began servicing your loan and continuing through May 2, CMS encourages you to review the loan payment history as well as your banking records to identify any payments that have been successfully debited from your bank account but that have not been applied to your loan Should you locate such payments, CMS encourages you to contact the undersigned directly for immediate assistance For your convenience, CMS has also provided a copy of the loan servicing system payment codes and definitions to assist you in understanding your loan payment history.We trust that this communication addresses all of the concerns noted in the complaint If you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, 8:AM to 5:PM, Eastern Time.Sincerely, [redacted] Customer AdvocateCC: Revdex.comIMPORTANT DISCLOSURES-INQUIRIES & COMPLAINTS-For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] ***, or by calling [redacted] Please include your loan number on all pages of correspondence The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:a.mto 8:p.mEastern Time, Monday through FridayYou may also visit our website at https://carringtonms.com/.-IMPORTANT BANKRUPTCY NOTIyou have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.-CREDIT REPORTImay report information about your account to credit bureausLate payments, missed payments, or other defaults on your account may be reflected in your credit report As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.-MINI MIRANDA-This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purposeThis notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.-HUD COUNSELOR INFORMATIyou would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted] , or by going to [redacted] You can also contact the CFPB at [redacted] , or by going to [redacted] .-EQUAL CREDIT OPPORTUNITY ACT NOTICE-The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection ActThe Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.-SCRA Disclosure-MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted] -NOTICES OF ERROR AND INFORMATION REQUESTS-You have the right to request documents we relied upon in reaching our determination You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted] , Monday through Friday, 8:a.mto 8:p.mEastern Time or by mail at [redacted] ***
Dear MsGiarrizzo:The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com received in our office via email on August 18, CMS is committed to responsible lending and servicing, and we would like to address any concerns you may haveThe following is our response to the issues raised in your correspondence.As we understand your rebuttal, you are frustrated that after your loan modification finalized your account still reflected an outstanding balance of $1,for what you describe as property inspection fees, late charges, door lock changes, reinstatement fees, property insurance fees, and attorney feesIn addition, you claim that you were assured that all of these fees would be removed from your account once the loan modification was finalizedFurther, you contend that CMS sent you threatening foreclosure letters even though you were allegedly making the agreed monthly paymentsYou also assert that you are not able to submit your payment online due to the outstanding balance and that you are being assessed monthly late charges.As of the date of this response, the loan modification offered by the prior servicer, Bank of America, N.A(“BANA”), has been fully implemented, the last payment was received on August 13, 2015, and the loan is contractually due for the August 1, paymentThe following paragraphs identify the fees that have been assessed to the account, confirm the property inspections occurred, and describe the present payment delinquency which explains why you have begun receiving delinquency related noticesTo the extent that statements in your rebuttal consist of allegations of wrongdoing of any nature by CMS or otherwise, all such allegations are denied.First, as outlined within Section of your attached Deed of Trust, entitled “Borrower’s Obligations to Maintain and Protect the Property and to Fulfill Any Lease Obligations, Section (B) Lender’s Inspections of Property,” CMS is entitled to inspect the property to protect its security interest: Lender, and others authorized by Lender may enter on and inspect the PropertyThey will do so in a reasonable manner and at reasonable times.Section 9, entitled Lender’s Right to Protect its Right in the Property, goes on to state: If: (a) I do not keep my promises and agreements made in this Security Instrument..., then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property and Lender’s rights under this Security InstrumentLenders actions may include, but are not limited to: (a) Protecting and/or assessing the value of the Property.Paragraph under Section provides: I will pay to Lender any amounts, with interest, which lender spends under this section I will pay those amounts to Lender when Lender sends me a notice requesting that I do so.Second, in regards to the fees, other than the property inspection fees assessed by CMS, the fees you are questioning were charged to the loan by the prior servicerCMS is unable to comment on the prior servicer’s actionsIf you recall, the loan transferred to CMS in August We encourage you to contact BANA directly for any questions or concerns related to the servicing of the loan prior to August 1, For your convenience, below is a list that breakdowns the fees that had been assessed to the account before the loan transferred to CMSCMS was unable to capitalize these fees into your loan modification.01/13/$(prior FCL recordation cost) 08/07/$(payment shortage) 08/07/$(property inspection) 08/07/$(prior FCL title service fee) 08/07/$(prior FCL recording fee) 08/07/$(prior attorney fee) 08/07/$(prior post and publication)Please contact the undersigned at [redacted] if you would like to establish a payment plan to handle these outstanding fees.There were a total of six $property inspection fees assessed to the loan between August 15, 2014, and January 11, for a total amount of $The property inspection photos are attached to reassure you that the inspections did occurAs a courtesy, CMS is agreeing to waive the $for property inspection fees from your account.Next, you appear to assert that CMS threatened to foreclose on the loan while the modification was being implementedHowever, CMS’s records contradict this assertionIf you are able to provide copies of the alleged correspondence or dates of the communications, we will further review this issue.As set forth in the below paragraphs, the records do reflect that correspondence was sent to you to address several missed or late payments between the months of June through OctoberOn June 6, and June 12, 2015, CMS sent the attached Notice of Intent (“NOI”) informing you that your loan was in default because the May 1, payment had not been receivedYou paid the May 1, mortgage payment on June 24, 2015.On July 7, 2015, CMS sent the attached Notice of Intent (“NOI”) informing you that your loan was in default because the June 1, payment has not been receivedYou paid the June 1, and the July 1, mortgage payments on August 13, Then on or about August 18, 2015, CMS sent the attached Notice of Intent (“NOI”) informing you that your loan was in default because the August 1, payment had not been receivedOn September 6, 2015, CMS sent the attached Notice of Intent (“NOI”) informing you that your loan was in default because the August 1, and September 1, payments had not been received.On September 11, 2015, CMS sent the FHA 32" day letter informing you that you were in default and that if the payments were not received by October 11, you ran the risk of being foreclosed onAs of the date of this response, your loan remains contractually due for the August 1, payment.For your ease of reference, below please find the loan payment ledger that outlines and summarizes your loan payment history to datePayment Due Date Payment Received Date 03/01/04/15/04/01/04/23/05/01/06/24/06/01/08/13/07/01/08/13/2015Lastly, in regards to online payments, the system is not designed to accept any payment that is less than the full amount dueOnce the account is reinstated, you may elect to set up a recurring draftTo do so, you would need to complete and submit an Auto Draft Authorization formA copy of the Auto Draft Authorization form is attachedIf assistance with completing the form is needed, we encourage you to contact the CMS Customer Service Department at [redacted] , Monday through Friday, 8:AM to 8:PM Eastern Standard Time.We trust that this communication addresses all of the concerns noted in your rebuttalIf you have any further questions, please contact the undersigned at [redacted] , Monday through Friday, 8:AM to 5:PM, Pacific Time.Sincerely, [redacted] CC: Revdex.com