Carrington Mortgage Services LLC

January 8, 2015[redacted] RE: LoanNo.:  [redacted] Borrower: [redacted] Property Address: [redacted] Complaint I.D. No.: [redacted]Dear Mrs. [redacted]: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 December 11, 2014. CMS is committed to responsiblelending and servicing and we would like to address any concerns you may have. The followingis our response to the issue(s) raised in the inquiry.At the outset, please note that the servicing of this loan transferred from Bank of America("BOA") to CMS on or about August 2, 2014. Attached for your ease of reference is a copy ofthe August 2, 2014 Notice of Service Transfer ("Hello Letter") sent to you by CMS that notifiedyou of the service transfer. At the time of the service transfer your loan was contractuallycurrent and showing due for the August 1, 20 14 payment.It is important to note, that while CMS began servicing the loan as of August 2, 2014, the RealEstate Settlement Procedures Act ("RESP A") at 12 USC § 2605( d) prevents CMS from treatingany payment as late for any purposes until the expiration of sixty days after the effective date ofthe servicing acquisition. This RESPA sixty day period expired at the end of business onOctober 2, 2014.It is important to note that CMS transmits loan and payment data to the major credit reportingagencies on or about the tenth day of the following month. Because the RESP A sixty day periodexpired on October 2, 2014, the information CMS reported on or about November 10, 2014 forthe month of October 2014 is also required to be suppressed. We are able to confirm that CMSwas scheduled to begin reporting loan and payment information to the major credit reportingagencies on or about December 10, 2014 for the month of November 2014.On December 2, 2014, you contacted CMS and explained that you were actively in the processof refinancing your loan and that CMS's credit reporting was causing delays with your refmanceprocess. The CMS representative explained that in order to dispute any credit reporting made byCMS, you would need to send a written request to CMS and provided you with the fax numberto CMS' s Customer Service Research Department.On December 8, 2014, CMS received a written inquiry from you disputing the loan and paymentinformation that CMS had not yet reported to the major credit reporting agencies. Pursuant toCMS's credit reporting procedures, CMS appropriately issued you the attachedacknowledgement letter and suppressed the credit reporting on your loan for a period of sixtycalendar days. This resulted in CMS suppressing the loan and payment information for themonth of November which was scheduled to be reported on December 10, 2014.On December 18, 2014, you contacted CMS and requested that CMS complete a Verification ofMortgage form ("VOM") to continue with your refinance process. The CMS representativeprovided you with the fax number to send in the VOM form and provided you with the normaltum-around time of three to five days.That same day, your Authorized Third Party ("ATP"), Mr. Thomas [redacted] contacted CMS.During this phone conversation, Mr. [redacted] requested that CMS contact Mr. Devin Murray withGulf State Financial Mortgage on a conference call. CMS then contacted Mr. Murray whoagreed to send CMS the VOM form which CMS received that day. Later that day, CMScompleted the attached VOM and faxed it to Mr. Murray at (205) 588-1332. On January 2,2015, CMS received funds for the purpose of a full payoff of your loan. As of the date of thisletter, your loan is showing paid off in full.Based on the foregoing, we believe the record is clear that CMS has properly suppressed thereporting of loan and payment information for your loan. Should you wish to further discuss anyaspect of your loan, we encourage you to contact our Customer Service Department at (800) 561-5467 for further assistance.We trust that this communication addresses all of the concerns noted in the complaint. If youhave any further questions, please contact the undersigned at (866) 874-5017, Monday throughFriday, 8:00 AM to 5:00 PM, Eastern Time.Sincerely, [redacted]Customer AdvocateCC: Revdex.com

Dear Ms. [redacted],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 7, 2016. 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 the complaint, you indicate that CMS increased your mortgage payment by $300.00 a month because CMS allegedly miscalculated your monthly escrow payment. Next, you claim that CMS added fees to your account, increased your payment without providing you notice, and that CMS's representatives have been unable to explain the reason for your increased payment. In addition you claim that CMS incorrectly reported payments as late to the credit reporting agencies. You would like CMS to remove your late fees and delinquent payment history reported to the credit agencies.At the outset, our records indicate that this Federal Housing Administration ("FHA") insured loan originated on or about December 18, 2008 for $161,426.00. Enclosed is a copy of your Note and Security Deed both dated December 18, 2008. Pursuant to the terms of your Note and Security Deed, you entered into a promise to pay the principal sum of $161,426.00 with payments due on the first day of each month beginning February 1, 2009. If CMS does not receive your full monthly payment by the end of the fifteenth calendar days after payment is due, a late charge may be collected.Although you indicate that CMS has been servicing this loan since 2009, our records indicate that this loan transferred from Bank of America to CMS on or about August 1, 2014. Enclosed is a copy of the Notice of Servicing Transfer ("Hello Letter") dated August 12, 2014, advising you of the transfer to CMS.regarding your assertion that CMS increased your mortgage payment by $300.00 a month because it miscalculated your escrow payment, we respectfully disagree. Our records do not reflect that your mortgage payment increased by $300.00. On or about March 31, 2015, you entered into an agreement to modify your loan by signing the enclosed Loan Modification Agreement ("LMA"). This loan modification capitalized the past-due amounts on the loan. Capitalization is the process of adding past-due amounts to the principal balance which becomes past due when the loan reaches maturity. Pursuant to the terms and conditions of the LMA, you were required to make all payments of taxes, insurance premiums, assessments, escrowed items, impounds, and all other required payments under the terms of the Note and Security Deed. Past-due amounts that are capitalized through a loan modification will include advances of escrowed items but will not include an escrow shortage.The loan modification brought your escrow current through the March 1, 2015 payment. Effective April 1, 20155, your new principal and interest payment was $831.98 and your monthly escrow payment was $211.95. Your total modified monthly payment was $1,043.93. A breakdown of your modified payment effective April 1, 2015 is as follows:            Principal & interest....................................................$831.98            Base monthly escrow collection...................................$211.95            Total monthly payment............................................$1,043.93Your first modified payment was due on April 1, 2015 for $1,043.93. Our records reflect that on April 7, 2015, CMS received $831.98 which is only the principal and interest portion of your total monthly payment. CMS was able to apply this payment to the account because there was enough money in suspense to post a full payment.When a partial payment is received, CMS may place the funds into a suspense account. Once CMS receives enough funds to apply a full payment, CMS will remove the funds from suspense and post the next chronological payment due on the account, Accordingly, when CMS received your second post-modification payment of $831.98 on May 6, 2015, the funds were held in suspense. On September 17, 2015, CMS sent the enclosed Late Charge Notice to your property address, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your full payment of $1,043.93 on or before the sixteenth calendar day of the month.In the complaint, you indicate that CMS increased your payment without providing you with notice. A review of our records indicates otherwise. After a loan modification is finalized, it is customary for CMS to complete an escrow analysis. On May 29, 2015, CMS completed the enclosed escrow analysis with an effective date of August 1, 2015. A copy of the escrow analysis was mailed to your property address. The purpose of the escrow analysis was to advise you of the projected escrow activity for your escrow cycle beginning August 1, 2015 and ending July 31, 2016.The escrow analysis projected two disbursements of your county tax at $335.44 each. Additionally, the analysis projected to disburse an annual hazard insurance premium of $1,148.00 and a monthly FHA insurance premium of $60.37. The escrow analysis projected an escrow cushion of $151.57 and a low point balance of -$606.27. This resulted in an escrow shortage of $757.84. Accordingly, CMS spread the shortage over a period of sixty months in order to reduce the impact on your monthly mortgage payment.Effective August 1, 2015, a breakdown of your new mortgage payment is as follows:           Principal & interest.......................................................$831.98           Base and monthly escrow collection................................$211.94           Monthly escrow shortage collection...................................$12.63           Total monthly payment...............................................$1,056.55A mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower's responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.The Real Estate Settlement Procedures Act ("RESPA") authorizes a maximum escrow cushion not to exceed 1/6th (i.e. up to two months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve months, unless state law allows for a lesser amount. When your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion. CMS does not include the disbursement of your yearly mortgage insurance premium in the collection of the 1/6th monthly escrow cushion amount. The escrow analysis projected a cushion of $151.57. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at http://portal.hud.gov/hudportal/HUD.Based on the calculations from the May 29. 2015 escrow analysis, your low point escrow analysis was $151.57. The escrow shortage resulted due to the difference between the projected low point of -606.27 and the escrow cushion projected at $151.57.On June 5, 2015, CMS received your partial payment of $831.98. Combined with the $831.98 that CMS received on May 6, 2015, CMS was able to apply $1043.93 to your May 1, 2015 payment. CMS placed the remaining $620.03 into suspense. On June 17, 2015, CMS sent the enclosed Late Charge Notice to your property address, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,043.93 on or before the sixteenth calendar day of the month.On July 6, 2015, CMS received another partial payment of $831.98. Combined with the $602.03 being held in suspense, CMS was able to apply $1,043.93 to your June 1, 2015 payment. CMS placed the remaining $408.08 into suspense. On July 17, 2015, CMS sent the enclosed Late Charge Notice to your property address, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,043.93 on or before the sixteenth calendar day of the month.On July 27, 2015, you called CMS and indicated that your modified payment was supposed to be 831.98. In response, a CMS representative explained that you were only paying the principal and interest portion of your monthly payment and that you would need to begin including the monthly escrow payment. You concluded the telephone call by indicating that you would check your modification documents.On august 6, 2015, CMS received $1,043.93 and applied the funds to your July 1, 2015 payment. On august 18, 2015, CMS sent you the enclosed Late Charge Notice, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,056.55 on or before the sixteenth calendar day of the month. On August 21, 2015, CMS received an additional $423.90 and added the funds to suspense. CMS was unable to apply another payment to the account because the amount in suspense was $831.98.On September 7, 2015, CMS received $1,043.93. However, pursuant to the escrow analysis dated May 29, 2015, your new payment amount effective August 1, 2015 was $1,056.55. Accordingly, CMS removed $12.62 from suspense and applied $1,056.55 to your August 1, 2015 payment. This left $819.36 remaining in suspense. On September 17, 2015, CMS sent you the enclosed Late Charge Notice, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,056.55 on or before the sixteenth calendar day of the month. On September 19.2015, CMS received an additional $423.90 in funds. Combined with the $819.36 in suspense, CMS was able to apply $1,056.55 to your September 1, 2015 payment. CMS applied a portion of the remaining funds toward a $41.75 late fee, and due to the escrow account shortage, applied $144.96 to your escrow account.On September 25, 2015, CMS received two telephone calls from you.During both telephone calls, you indicated that CMS incorrectly placed funds into suspense. In response, both representatives explained that the funds were held in suspense because your loan was past due and there was not enough to make the next payment. The representative also explained in detail why your payment amount had increased.On September 29, 2015, CMS received funds totaling $600.00 and applied the funds to suspense. On October 4, 2015, CMS received a payment of $1,058.93. CMS removed the funds being held in suspense, applied $1056.55 to your October 1, 2015 payment, and applied the remaining $602.38 to your escrow account due to the escrow shortage. Thereafter, CMS received payments of $1,056.55 on November 5, 2015 and December 7, 2015. The funds were applied to the November 1, 2015 and December 1, 2015 payments.On December 18, 2015, CMS completed the enclosed escrow analysis with an effective date of February 1, 2016. A copy of the escrow analysis was mailed to your property address. The analysis projected a single disbursement for county taxes at $1,513.98 instead of two separate disbursements of $335.44 as previously required by [redacted] County. In addition, the county taxes from $670.88 annually to $1,513.98 annually. Your annual hazard insurance premium also increased from $1,148.00 to $1,333.00. The monthly FHA insurance premium of $60.37 remained the same. The escrow analysis projected an escrow cushion of $474.48 and a low point balance of -$1,30.60. The difference between these amounts is how an escrow shortage of $1,780.08 was calculated. the shortage resulted due to increases in hazard insurance and county taxes, the increased frequency of tax collection in [redacted] County, and the leftover escrow shortage already in the account. CMS spread the shortage of $1,780.08 over the remaining modified term of fifty-four months in order to reduce the impact on your monthly mortgage payment.Effective February 1, 2016, a breakdown of your new mortgage payment is as follows:            Principal & interest.................................................$831.98            Base monthly escrow collection................................$297.61            Monthly escrow shortage collection............................$32.96            Total monthly payment.........................................$1,162.55On January 5, 2016, CMS received $1,056.55 and applied the funds to your January 1, 2016 payment. On February 4, 2016, CMS received $1,056.55. However, because the amount received was less than the full payment of $1,162.55, CMS placed your payment of $1,056.55 into suspense. On March 7, 2016, CMS received another payment of $1,056.55. Combined with the funds in suspense, CMS was able to apply a full payment of $1,162.55 to your account. The remaining $950.55 was placed into suspense.In the complain, you state that CMS's representatives have not been able to explain the reason your payment increased, nor will CMS allow you to speak with a supervisor. After reviewing our records, including call recordings, we respectfully disagree with both assertions.On March 16, 2016, when you called CMS, you indicated that your credit report incorrectly reflected that payments were not received on-time. The representative explained that your payment increased pursuant to the December 18, 2015 escrow analysis and that CMS could not post a payment until enough funds were received on March 7, 2016. When you indicated that you were not receiving notice of payment changes, the representative confirmed that CMS had the correct mailing address on your account.After transferring the call to a supervisor per your request, you reiterated that you have not been receiving notice of any payment changes. The supervisor explained that CMS provided you with an escrow analysis for each payment change. You confirmed that you received the escrow analysis and admitted to not reading the entire analysis in full. Next, the supervisor explained in detail how to read the escrow analysis and where to locate any potential changes in your payment amount. The supervisor explained that you would need to pay your monthly escrow payment along with your loan's modified principal and interest payment of $831.98, that CMS spread the initial shortage of $757.84 over sixty months in order to make your payments more affordable, and that taxes and insurance increased after the May 29, 2015 escrow analysis was completed.During the conversation, the supervisor also indicated that your tax amount might be incorrect. The reason for this statement was that the taxes appeared to increase from $335.44 to $1,513.98 annually. However, the supervisor was unaware at the time that [redacted] County had changed the collection schedule from bi-annual to annual in addition to the increasing the tax amount from $670.88 annually to $1,513.98 annually.Later the same day, CMS collected a total of $1,375.00. Of the funds collected, CMS used $212.45 to complete your March 1, 2016 payment and applied the remaining $1,162.55 to your April 1, 2016 payment.Please note that CMS suppressed credit reporting for sixty days after receiving your written credit dispute. CMS is obligated by federal law to provide timely and accurate credit reporting in regard to loan information, loan status, and payment history. After reviewing our records, including your payment history, we determined that the information being reported to the major credit agencies accurately reflects your loan information and payment history. CMS will not be making any changes to your credit profile.Finally, because CMS's records accurately reflect the dates and amounts of each payment received, CMS will not be removing any late cahrges.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 have. We can be reached at [redacted] Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. Sincerely,  [redacted]Customer Advocate

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.
Regards,
[redacted]
The total payment for January still includes the disputed $60.00 inspections fees from my original complaint. I would like for the $60.00 to be taken off my account. They said the inspection was done for occupancy of property but clearly they was take payments at the time they continue to do the inspections in November and in December.

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.Complaint Type:  Billing or Collection Issues  I originally filed a complaint (# [redacted]) with the Revdex.com stating Carrington Mortgage would not finalize my transfer loan. My loan was finalized a month after they received the complaint! Thank you Revdex.com for your help! My new concern is that after they   finalized the loan they claim I owe $1585.42 for property inspection fees (my property was never vacant, abandoned or loan in default) late charges, door lock changes, reinstatement fees, property insurance fees, and attorney fees. I was making on time monthly payments while they were dragging their feet "Processing the loan" from the transfer date of June 2014 until it was finalized March of 2015. In the 9 months I repeatedly inquired about completing the loan, I was assured all the fees would fall off once it was finalized and not to worry. The day Carrington Mortgage received my loan I was sent unnecessary threatening foreclosure letters even though I was making agreed monthly payments. I called every time I received these letters and they  assured me it was a "Process and to ignore the letters, my loan would be finalized ASAP." In the final documents it doesn't state an exact amount owed for these erroneous fees. since the final documents have been signed I'm not able to pay my mortgage online or through the automated system because my account (according to them) always shows in arrears ($1585.42). I'm also assessed a monthly late fee because of said arrears. I have asked Carrington Mortgage for the photos of the  so called "Property Inspections" and "Door lock changes" that never took place. All the fees Carrington Mortgage claims I owe are erroneous due to the fact that they purposefully dragged their feet to complete the final documents (in order to make   money) until the Revdex.com got involved. The services they claimed they performed are false. It's my experience that Carrington Mortgage takes advantage of homeowners. It does not take 9 months to complete a loan transfer unless of course it's a money  making scheme preying on hardworking citizens.Desired Resolution: Billing AdjustmentsDesired Outcome:    i would like the $1,585.42 removed from my account ASAP.  Regards,
[redacted]

December 22, 2016         Original response sent via REGULAR MaIl   [redacted]
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            [redacted]      [redacted]...

[redacted]                    [redacted]
                        [redacted]           [redacted]
                        [redacted]       [redacted]   Dear Mr. and Mrs. [redacted]:   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 December 5, 2016.  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.   At the outset, please know that our Customer Advocate Department originally received your initial inquiry filed with the Consumer Financial Protection Bureau (“CFPB”) via the CFPB Portal on November 21, 2016. Accordingly, our Customer Advocate Department researched the loan and a response was sent to the CFPB on December 20, 2016. On that same day, a copy of the response was sent to your attention via regular mail. For your reference and review, enclosed please find a copy of CMS’s response to your November 21, 2016 inquiry.   After a thorough review of your most recent correspondence, CMS is unable to identify any new issues that have not been previously addressed in detail by CMS as your most recent correspondence appears to be substantially similar, or even identical to correspondence previously addressed by CMS; accordingly, no further response from CMS is required.  Moreover, because we have now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims.   Lastly, to comply with federal law, CMS provides all customers with a disclaimer confirming our status as a debt collector. Please understand that CMS’s intent when providing you with the disclaimer is not to make any statement regarding the status of your account, but is instead intended to protect you, as our customer, by notifying you that any information you discuss with our office might be used to collect a debt in the event your account were to become delinquent. In other words, CMS provides you with the disclaimer out of an abundance of caution and with the objective of helping you to protect your rights as a consumer. If you wish to have a better understanding of debt collection and your rights as a consumer, CMS encourages you to visit the consumer webpage of the Federal Trade Commission website at http://www.consumer.ftc.gov/.   We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.     Sincerely,       [redacted] Customer Advocate Department   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 1-800-561-4567.  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 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan.  If 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 bureaus. Late 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 purpose. This 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) 569-4287 or toll-free TDD (800) 877-8339, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You 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 Act. The 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 1-888-267-5474.   -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 (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489, Anaheim, CA 92803.

March 3, 2016
ORIGINAL RESPONSE SENT VIA REGULAR MAIL
[redacted]
[redacted], [redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [redacted], [redacted], [redacted]
Dear Mr....

[redacted]:
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 February 17, 2016. 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 the complaint, you allege that CMS’s online payment website limits your ability to process your monthly mortgage payments and recurrently rejects your account password. Consequently, you state that you are unable to make your monthly mortgage payments before the due date resulting in late fees assessed to your account. Also, you go on to say that your monthly mortgage payment amount increased and that you were not provided with an explanation or reason for the increase. Lastly, you also claim that despite numerous phone calls to CMS, all of the representatives have been unable to assist you with your online account and have been unprofessional and uncooperative. As a result, your desired resolution is for CMS to activate your online account, remove any late fees that may have been assessed to your loan, correct your credit report with the credit reporting agencies, and provide you with an explanation in regard to the mortgage payment amount increase.
As a preliminary matter, we would like to take this opportunity to remind you that all mortgage payments are due on the first (1st) day of each month, and are considered late as of the second (2nd) day of the month. If the payment is not received by CMS on or before the sixteenth (16th) day of the month, a late fee will be assessed to the account. Also, any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent. Consequently, we strongly encourage you to remit your monthly mortgage payments to CMS on or before the due date to prevent any late fees or derogatory credit reporting for any unexpected issues that may arise when making your monthly mortgage payment.
In regard to your CMS online payment account, our records confirm that your account is active and unblocked. In other words, we find no evidence as to why you would be unable to access your online account and submit a mortgage payment. As a suggestion, please make certain that you are using a personal computer when accessing your online payment account and making a mortgage payment. If you are using a public computer, such as a computer in the local public library, the network system security features may be restricting your ability to make a mortgage payment in an effort to protect your confidential and private information. If, however, you are using a personal computer and need assistance resetting your account password, please contact our Customer Service Department directly at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time.
Furthermore, please know that CMS does offer several convenient payment options. For a complete list of all available payment options and applicable fees (if any), please visit our website at [redacted].
With respect to your allegations regarding unexpected payment increases, our records indicate that on May 27, 2015 CMS analyzed your escrow account and sent you an Annual Escrow Account Disclosure Statement (“AEADS”). For your reference, attached hereto as Exhibit “A” please find a copy of the May 27, 2015 AEADS. The purpose of the May 27, 2015 AEADS was to advise you of your projected escrow activity for your escrow cycle beginning August 1, 2015 and ending July 31, 2016. More specifically, the AEADS projected that your yearly special taxes would be $616.00, your yearly school taxes would be $797.25, your yearly county taxes would be $579.70, your yearly FHA insurance premium would be $481.92, and that your yearly homeowners insurance premium would be $969.00. Correspondingly, the total disbursements for your escrow cycle beginning August 1, 2015 and ending July 31, 2016 were calculated to be $3,443.87, which if spread over a twelve (12) month period is equal to approximately $286.98 every month.
Please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in the borrower’s escrow account to prevent the escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.
Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two (2) months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve (12) months, unless state law allows for a lesser amount. Additionally, when the escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be the 1/6th escrow cushion amount. If you want to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at www.hud.gov.
Therefore, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning August 1, 2015 and ending July 31, 2016. Please note that CMS will only collect 1/6th of your total projected escrow disbursement for your yearly special taxes, your yearly school taxes, your yearly county taxes, and your yearly homeowners insurance premium. CMS does not include the disbursement for your yearly FHA insurance premium in the collection of the 1/6th monthly escrow cushion amount. Correspondingly, the total escrow cushion that CMS may collect is $493.64, which represents approximately two (2) months of escrow payments.
Based on the calculations from the May 27, 2015 AEADS, your low point escrow balance was -$582.92. As a result, in order to reach a low point escrow balance of $493.64, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $1,076.56. Please note that the escrow shortage will be collected over a twelve (12) month period starting with your August 1, 2015 payment. Resultantly, that is the reason why your overall monthly mortgage payment increased by $105.53, from $976.89 to $1,082.42.
Additionally, if you cannot afford your new monthly mortgage payment or you are experiencing a financial hardship, please know that CMS does offer various mortgage assistance programs. If you would like to explore the mortgage assistance opportunities that may be available to you, we encourage you to visit our website at [redacted] or call our Home Retention Department to speak with a representative at [redacted], Monday through Friday, from 7:00AM to 5:00PM, Pacific Time.
As of the date of this correspondence, your payment history reflects that your account is paid through February 2016 and next due for the March 1, 2016 mortgage payment in the amount of $1,082.42. If you want to review your payment history and account balances, we encourage you to log in to your CMS online account by visiting [redacted].
Based on the foregoing investigation and review of your account, we find no evidence of wrongdoing on CMS’s behalf. Additionally, our records are clear that all of the CMS representatives you have spoken with have been cooperative, professional, and willing to assist you with your online account. While we understand your frustration with your prior unsuccessful attempts to log in to your CMS online payment account, we are unable to find any indication that your online account is blocked or inactive. As a result, CMS respectfully denies your request to waive any late fees assessed to your account since our records indicate that the late fees were assessed correctly and pursuant to the terms of your loan documents. Moreover, CMS submits that the collection of the escrow cushion is permitted by law and common within the mortgage industry. Therefore, CMS will continue to comply with federal law and collect the allowable escrow cushion. Furthermore, please know that CMS is obligated by federal law to provide timely and accurate credit reporting in regard to your account status and payment history. Correspondingly, we also submit that all of the information reported to the credit reporting agencies is correct and properly reflects your account status and payment history.
In closing, please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you want 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 Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], [redacted] or fax your correspondence to [redacted].
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, from 8:00AM to 5:00PM, Pacific 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, [redacted], [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 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan. If 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 bureaus. Late 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 purpose. This 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 Act. The 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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted], [redacted].
TEXAS:
Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, [redacted], [redacted], [redacted]. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT [redacted].

July 1, 2016       [redacted]     RE:      Complaint ID:             [redacted] Loan No.:                    [redacted]             Property Address:       [redacted], [redacted]               Dear Mr. and Mrs. [redacted]:   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 June 20, 2016.  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 Rebuttal, you state that our previous response neglected to mention your repeated attempts to have CMS modify the auto-draft date of your loan.  In addition, you allege that the date of your auto-draft with your prior servicer was not the 10th of the month as indicated by CMS.  Lastly, you indicate that CMS is inaccurately stating that May 11, 2016 was the date CMS was notified of your returned NSF payment.   We regret that you were dissatisfied with our response to your complaint.  CMS 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 seriously.  Although we understand you are not pleased with the outcome, your complaint was investigated fairly and we believe it was resolved appropriately.    Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to clarify our response and address any outstanding concerns in this matter.    In response to the first item of your Rebuttal, as mentioned in our prior response, CMS records shows only one contact with you between the date of the service transfer and May 30, 2016.  That contact took place on December 14, 2015.  At that time, you called CMS to discuss the replacement of your December 2015 payment that had been returned unpaid by your bank.  We have reviewed our system notes pertaining to the call and listened to a recording of the call itself and have confirmed that, contrary to your claims, you did not mention that you wanted to change the auto-draft date on your loan during this call. The records show that the next contact with you after the December 14, 2015 call took place on May 31, 2016, which was after your auto-draft had been canceled.    In response to the second item of your Rebuttal, as mentioned in our prior response, CMS has processed your payments in accordance with the established auto-draft agreement that originated with your prior servicer and was transferred to CMS on October 2, 2015.  This auto-draft agreement indicated an auto-draft date of the 10th of each month beginning February 10, 2016. Additionally, please note that in our prior response we included a payment history that showed payment transactions from May 2, 2014 to June 4, 2016.  This payment history also shows that your payments from February 2016 to May 2016 were posted to your loan on the 10th of each month.    As mentioned in our prior response, if you believe you have evidence that the auto-draft payment date of the 10th of each month is not correct, we invite you to provide whatever evidence you may have that supports your claim so we can review this matter further. In the absence of any such evidence, we believe the record is clear that the auto-draft payments have been properly processed by CMS.    Lastly, as mentioned in our prior response, your May 1, 2016 payment was posted to your loan on May 10, 2016, and this payment was reversed upon receipt of the returned payment notification which was May 11, 2016.  This information can also be verified on the payment history that was included with the prior response.   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, 8:00 AM to 5:00 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 correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan.  If 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 bureaus. Late 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 purpose. This 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 Act. The 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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].   Texas: Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, [redacted].  A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT [redacted].

The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of a complaint regarding the above-referenced loan received in our office via email onDecember 3, 2014. CMS is committed to responsible lending and servicing and we would like toaddress any concerns you may...

have. The following is our response to the issue(s) raised in theinquiry.As you are aware, the servicing of this Federal Housing Administration ("FHA") insured loanwas transferred from JPMorgan Chase Bank N.A. ("JPMC") to CMS on or about December 3,2013. Attached for your ease of reference is a copy of the December 4, 2013 Notice of ServiceTransfer ("Hello Letter") sent to you by CMS that notified you of the service transfer.At the time of the service transfer your loan was contractually current and showing due for theDecember 1, 2013 payment in the amount of $2,690. 72. A review of your loan payment historyshows that on December 30, 2013, CMS received and applied your December 1, 2013 payment.Because CMS did not receive a payment from you in the month of January 2014, CMS begandiligent attempts to contact you. Regretfully, you failed to return the numerous telephone callattempts that CMS made to speak with you.Because your January 1, 2014 payment became more than thirty days delinquent, CMS issuedyou the attached mortgage assistance communication informing you of the no-cost lossmitigation programs that may be available to assist you in avoiding foreclosure on February 5,2014. On February 15, 2014, CMS received and applied your January 1, 2014 payment and onMarch 31, 2014, CMS received and applied your February 1, 2014 payment. CMS then receivedfunds on May 14,2014 which were applied to the March 1, 2014 mortgage payment.On June 6, 2014, CMS issued the attached Notice of Intent to Foreclose ("NOI"). This noticeexplained to you that your loan was in default for the non-payment of the April 1, 2014contractual payment and provided you with the amount of $8,722.33 as the amount required tocure the loan delinquency. This letter also notified you that failure to cure the delinquencywithin thirty days may result in acceleration of the sums secured by the Mortgage and in the saleof the property. Although CMS continued numerous attempts to contact you, CMS continued toreceive no response.On June 14, 2014, CMS received and applied your April 1, 2014 mortgage payment. Due to thecontinuing delinquency, CMS issued you a second NOI on June 26, 2014. This second NOInotified you that your loan was in default for the non-payment of the May 1, 2014 contractualpayment and provided you with the amount of $6,025.63 as the amount required to cure the loandelinquency. This letter also reminded you that failure to cure the delinquency within thirty daysmay result in acceleration of the sums secured by the Mortgage and in the sale of the property.CMS continued consistent attempts to contact you over the following months; however, each ofthe telephone contact attempts still resulted in no contact from you. On July 18, 2014, and onAugust 18, 2014 CMS received funds from you that were appropriately applied to the May 1,2014 and June 1, 2014 mortgage payments.On October 6, 2014, CMS received funds in the amount of$2,705.91 , dated September 29,2014,via check number 3604. At the time of receipt, your loan was severely delinquent and showingdue for the July 1, 2014 mortgage payment. Upon receipt of these funds, CMS reviewed yourloan and confumed that you did not contact CMS to make payment arrangements to make onlyone of the past due payments. Because CMS is under no obligation to accept one paymentwithout arrangements to bring the loan contractually current, these funds were returned to you onOctober 6, 2014.Included with the returned payment was a notice sent to you by CMS that informed you thatCMS was returning your payments because CMS required you to pay the total amount necessaryto bring the loan contractually current. In addition, CMS informed you that the total amount duemust be sent to CMS via certified funds and provided you with multiple avenues to remitcertified funds to CMS including Western Union Quick Collect, Money Order, or Cashier'sCheck.Although CMS unsuccessfully attempted to contact you for more than ten months, you finallyreturned CMS's contact attempts on October 14, 2014. During this phone conversation, youinquired as to why CMS recently returned your payment. The CMS representative informed youthat, due to the fact that multiple payments were delinquent at that time, CMS would not acceptsingle payments without arrangements to bring the account current. You went on to explain thatunexpected home repairs led to the default of your loan. Because you notified CMS that youintended to retain the property, the CMS representative sent you a blank Home AffordableModification Program ("HAMP") application that same day.On October 20, 2014, you contacted CMS and inquired whether CMS would accept one paymentfrom you at that time. You explained to the CMS representative that at the time you received theOctober 6, 2014 letter that notified you to send payments to CMS via certified funds, you hadalready mailed the payment to CMS. The CMS representative informed you that the paymentwould not be posted as the total amount due to bring the loan current was required by CMS atthat time. The representative also notified you of the available loss mitigation programsdesigned to assist you in avoiding foreclosure such as a repayment plan or a loan modification.On October 21, 2014, CMS received certified funds in the amount of $2,705.91, dated October15, 2014, via check number 2230436. Because the funds did not represent the total amount due,these funds were returned to you the same day. On October 27, 2014, you contacted CMS andstated that you would be calling CMS on October 31,2014 to remit two payments to CMS. TheCMS representative informed you that CMS would accept no less than three of the fourpayments that were due at that time.On October 28, 2014, CMS spoke with you and discussed the fact that CMS previously returnedtwo payments to you. You explained that you fell behind on your mortgage payments due tohaving to pay for major home repairs. You explained that you were waiting for the loanmodification package that was sent to you on October 14, 2014. In another effort to assist you,the CMS representative requested a new blank HAMP loan modification application which wasmailed to you on October 30, 2014.On November 5, 2014, you contacted CMS and explained that when you previously sent in onepayment, CMS returned the payment to you. You informed the CMS representative that youwere able to send two payments to CMS at that time. The CMS representative informed you thatyour loan was in default of the July 1, 2014 payment and that CMS would only accept four of thefive payments that were due at the time as the loan was not in foreclosure. You notified theCMS representative that you were unable to make the required four payments.The CMS representative then inquired whether you received the two HAMP applications thatwere sent to you in October and encouraged you to complete and return the HAMP application toCMS at your earliest convenience. You explained that you did not want to complete the HAMPapplication. When the CMS representative informed you of the other options to bring your loancurrent, such as a repayment plan, you declined this option and stated that you wanted CMS toaccept two of the five payments that were due.Due to the ongoing delinquency, the subject loan was reviewed and approved for foreclosureeffective November 20, 2014. The loan was contractually delinquent and due for the July 1,2014 payment at the time of the foreclosure referral.That same day, you contacted CMS and informed the representative that you currently had twoof the five payments that were due at that time. You explained that you were able to secure anadditional two payments and would be able to send a total of four payments to CMS once thefunds were made available to you by your financial institution. It is important to note thatbecause the loan had been referred to foreclosure earlier that day, CMS would be unable toaccept less than the total amount due to reinstate the loan from foreclosure.On November 26, 2014, you contacted CMS and requested that the CMS representative accept aphone payment for four of the five payments that were due at that time. The CMS representativeinformed you that CMS would be unable to accept a phone payment in excess of $10,000.00 dueto the fact that your loan was referred to foreclosure. The CMS representative informed you thatin order to review your Joan for a re-payment plan, your investor requires that you remit arequest for mortgage assistance to CMS. You agreed to complete and return your request formortgage assistance to CMS in the near future.On December 9, 2014, CMS received your initial loan modification application for considerationunder HAMP. As required, CMS placed the foreclosure process on hold. A preliminary reviewof your application found that your application was complete. Accordingly, CMS issued theattached Initial Package Acknowledgement - Complete Notification on December 10, 2014. OnDecember 15, 2014, you contacted CMS and requested that the CMS representative provide youwith the status of your loan modification request. The CMS representative informed you thatCMS received your completed application which was under review. The CMS representativeexplained that CMS would notify you if any additional information was required from you. Asof the date of this letter, CMS is moving forward with the review of your application and ispending receipt of your federal tax transcripts and property title report.Based on the foregoing, we believe the record is clear that CMS has properly serviced your loanand appropriately returned payments to you after you sent less than the full amount required tobring your loan current. It is also clear that while CMS immediately began attempts to offer youmortgage assistance as far back as February 5, 2014, CMS was not in receipt of your mortgageassistance application until December 9, 2014. Should you wish to further discuss the pendingloan modification review, we encourage you to contact the Home Retention Department at (866)874-8560 for further assistance.We trust that this communication addresses all of the concerns noted in the complaint. If youhave any further questions, please contact the undersigned at ###-###-####, Monday throughFriday, 8:00AM to 5:00PM, Pacific Time. Sincerely,[redacted]Customer Advocate

August 16, 2016   [redacted]               RE:      Loan No.:                   ...

[redacted]                         Primary Borrower:      [redacted]                         Co-Borrower:              [redacted]                         Complaint I.D. No.:    [redacted]                         Dear Mr. [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 August 4, 2016.  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 CMS has improperly notified the credit reporting agencies that the December 2015 and June 2016 mortgage payments were paid more than thirty days late.  You state that you have never paid any of your mortgage payments late and you are requesting CMS to update the credit reporting for your loan to reflect that these two mortgage payments were paid timely.   At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from Bank of America N.A. (“BANA”) to CMS on April 2, 2015.  On April 6, 2015, CMS issued a Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS.  At the time of the service transfer your loan was contractually current and showing due for the April 1, 2015 mortgage payment.  We are able to confirm that CMS received your April 1, 2015 through November 1, 2015 mortgage payments within the same month that each of the payments became due as shown below.   Payment Due Date Amount Received Date Received Month Paid 04/01/2015 $2,499.11 04/16/2015 04/01/2015 05/01/2015 $2,400.11 05/29/2015 05/01/2015 06/01/2015 $2,400.11 06/22/2015 06/01/2015 07/01/2015 $2,400.11 07/16/2015 07/01/2015 08/01/2015 $2,542.84 08/17/2015 08/01/2015 09/01/2015 $2,621.81 09/30/2015 09/01/2015 10/01/2015 $2,520.98 10/16/2015 10/01/2015 11/01/2015 $2,520.98 11/17/2015 11/01/2015   As of December 10, 2015, CMS was not in receipt of your December 1, 2015 mortgage payment.  Accordingly, CMS issued the attached letter notifying you that your loan was past due and that if CMS was not in receipt of your December 1, 2015 mortgage payment on or before December 16, 2015, a late charge in the amount of $100.83 would be assessed to your loan. On December 18, 2015, CMS issued you a new letter that informed you CMS was still not yet in receipt of your December 1, 2015 mortgage payment and that a late charge in the amount of $100.83 was assessed to your loan.   We 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 month. If the payment is not received by CMS on or before the sixteenth day of the month, a late fee may be assessed to your loan.  Any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent.  We 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.   CMS is uncertain as to why you claim that your December 1, 2015 mortgage payment was paid timely, as CMS was still not in receipt of your December 1, 2015 payment on January 6, 2016 when CMS issued another letter notifying you that your loan was thirty days past due.  This letter encouraged you to apply for mortgage assistance if you were having financial difficulty in paying your mortgage payments.  It was on January 15, 2016, when you accessed CMS Interactive Voice Response (“IVR”) telephone payment system and made a telephone payment in the amount of $2,722.64 which was sufficient to satisfy your December 1, 2015 mortgage payment.   Over the following months, CMS received monthly mortgage payments from you and although the payments were received by CMS on or near the last day of the month, the payments were received by CMS within the same month that each of the payments became due as outlined below.  Accordingly, no derogatory information was reported to the credit reporting agencies for the payments that became due from January 2016 through May 2016.   Payment Due Date Amount Received Date Received Month Paid 01/01/2016 $2,520.98 01/29/2016 01/01/2016 02/01/2016 $2,520.98 02/29/2016 02/01/2016 03/01/2016 $2,520.98 03/31/2016 03/01/2016 04/01/2016 $2,643.47 04/30/2016 04/01/2016 05/01/2016 $2,620.98 05/31/2016 05/01/2016   As of June 10, 2016, CMS was not in receipt of your June 1, 2016 mortgage payment.  Thus, CMS issued you a new letter notifying you that your loan was past due and that if CMS was not in receipt of your June 1, 2016 mortgage payment on or before June 16, 2016, a late charge in the amount of $100.83 would be assessed to your loan. On June 18, 2016, CMS issued you another letter informing you that CMS was still not yet in receipt of your June 1, 2016 mortgage payment and that a late charge in the amount of $100.83 was assessed to your loan.   On July 19, 2016, you accessed CMS’s online payment system and made an electronic mortgage payment in the amount of $2,722.64 which was sufficient to satisfy your June 1, 2016 mortgage payment.  CMS is uncertain as to the reason you believe this payment was paid timely as our records show that this payment was received well after the month in which it became due.  On August 1, 2016, CMS received funds in the amount of $2,520.98 which were sufficient to satisfy your July 1, 2016 mortgage payment. That day, CMS applied those funds to your July 1, 2016 mortgage payment.  As of the date of this letter, your loan is past due for the August 1, 2016 mortgage payment.   In light of this information, CMS respectfully submits that the December 2015 and June 2016 mortgage payments were in fact received by CMS after the month in which the payments became due and were properly reported to the credit reporting agencies as being thirty days delinquent.  It is important to note 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 information.  We have determined that the information reported to the major credit bureaus properly reflects your payment history and loan information.  We are, therefore, unable to make the requested changes to the reported information.   For your ease of reference, please find a copy of your loan payment history along with the loan servicing system payment codes and definitions.  Please be advised that should you identify any payment that was successfully debited from your bank account but that is not reflected within the loan payment history, front and back copies of the negotiated payment should be sent to CMS along with a written statement notifying CMS of any perceived application error.   Please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint.  If 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 Time.  You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service Research Department, [redacted] or fax your correspondence to [redacted].   Please note that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.   Based on the foregoing, we believe the record is clear that CMS has properly reported loan and payment information to the credit reporting agencies.  Should 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 complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 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, [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 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan.  If 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 bureaus. Late 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 purpose. This 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 Act. The 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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

October 8, 2015
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Property Address: [redacted]
Dear Mr. [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 email on September 18, 2015. 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 your complaint.
As we understand your recent complaint, you stated that CMS cashed and processed your June 1, 2015 payment on June 23, 2015; however, the July 1, 2015 payment was also cashed but not credited to your loan. You also cited that you had sent in your bank statement indicating the July 2015 payment had cleared your financial institutions but received no response from CMS. Your desired resolution is to locate the July 2015 payment, have the payment posted to your loan and remove any false information that may have been reported to the credit agencies ([redacted] and [redacted]).
We have completed a review of your loan and find that on August 14, 2015 you contacted our Customer Service Department and spoke with a representative regarding the July 1, 2015 payment. During your conversation, you stated that you received a letter advising that the July 1, 2015 payment was not received; however, you advised our representative that you did send the payment to CMS. The representative encouraged you to fax a letter and a copy of your bank statement as proof the payment in question had been received and processed by CMS.
On August 17, 2015, check number [redacted] for $780.33 was located and applied to the July 1, 2015 payment using the effective date received of July 22, 2015. It is our finding the funds were inadvertently applied to another loan in error as your payment was misrouted due to the fact that it was delivered to our lockbox facility with no loan number, no payment coupon from the billing statement and no instructions as to its proper application.
You also allege you submitted multiple complaints to CMS but that we had failed to respond to the issues raised in your complaints. Our records indicate that our Customer Research Department received two written complaints from you. One complaint was received on September 11, 2015 and the second complaint was received on September 15, 2015. Since the complaints were not signed by you, our Customer Research Department issued two responses advising that all correspondence to CMS must bear your signature.
Please be advised that it is CMS’s policy to require all written complaints/disputes to contain the borrower’s actual signature and such signature must match one or more of the original loan documents. This action is taken by CMS in an effort to protect the non-public private information of its customers and is within the bounds of federal, state and local laws and the related servicing agreement. CMS respectfully submits that the practice to require a physically signed complaint/dispute is common within the mortgage servicing industry.
Lastly, in regard to the “Notice of Intent to Foreclose” issued on August 6, 2015, you may disregard the notifications issued to you as the July 1, 2015 payment was located and applied to your loan. A request has also been submitted to remove the $20.00 Property Inspection fee that was billed to your loan on September 3, 2015. As of the date of this letter, your loan is contractually current and due for the October 1, 2015 payment.
In closing, your July 1, 2015 payment was located and applied to your loan using the effective date received of July 22, 2015, the “Notice of Intent to Foreclose” issued on August 6, 2015 may be disregarded, a request has been submitted to remove the $20.00 Property Inspection fee billed to your loan, and the delinquency reported to the credit agencies in connection with the July 1, 2015 payment has been removed. Again, please accept our sincere apology for any inconvenience this issue may have caused you.
We trust 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, from 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate Department
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 correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan. If 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 bureaus. Late 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 purpose. This 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 Act. The 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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

February 28, 2017     [redacted]               RE:      Complaint ID No.:        [redacted]...

           Loan No.:                    [redacted] and [redacted]                         Property Address:       [redacted]                                                 Dear Ms. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a Revdex.com (“Revdex.com”) complaint regarding the above-referenced loan we electronically received on February 8, 2017 (the “Complaint”).  CMS is committed to responsible lending and servicing and would like to address any concerns you may have.  The following is our response to the issue(s) raised in your February 8, 2017 Complaint.   As we understand the Complaint, you claim that on November 25, 2016, you received a $784.00 check from CMS (the “Check”), which you deposited into your bank account on November 28, 2016.  You claim that on December 1, 2016, you checked your bank account and determined that CMS placed a “stop payment” order on the Check resulting in you incurring a $30.00 stop payment fee (the “Stop Payment Fee”).  You claim that on December 5, 2016, you contacted CMS to discuss the Check and the CMS representative allegedly informed you that CMS accidently misapplied the Check towards your loan ending in [redacted].    You further claim that CMS stated it would reimburse the Stop Payment Fee, assuming you provided the documentation CMS requested.  The Complaint further alleges that on December 7, 2016, you submitted evidence that your bank assessed the Stop Payment Fee (the “December 7 Documents”).    Further, you claim that on December 13, 2016, CMS deemed the December 7, 2016 Documents to be insufficient because CMS required you to submit a ten to thirteen day “running balance account statement” to ensure the Stop Payment Fee was not previously credited back to your account.  You further claim you submitted the requested bank statements and have been trying to resolve the Stop Payment Fee issue since December 2016.  However, CMS allegedly refuses to give you a credit for the Stop Payment Fee.   Your desired resolution requires CMS to reimburse you for the Stop Payment Fee and to provide you with a written apology for their alleged servicing errors.   First, to the extent that the statements in your Complaint consist of allegations of wrongdoing of any nature by CMS or otherwise, all such allegations are denied.   Upon review, our records indicate that on September 16, 2016, due to an inadvertent payment processing system error a payment misapplication occurred on your loan.  Specifically, the payment processing system misread the loan number on a check in the amount of $1,024.91, and as a result this payment was misapplied to your loan.  This payment was applied to your October 1, 2016 payment in the amount of $745.67 ($410.95 to principal, $195.41 to interest and $139.31 to escrow), and $279.24 was applied to principal curtailment.    On October 12, 2016, CMS issued a payoff statement to CMS Mortgage Lending, as you were in the process of a refinance.  This payoff statement indicated that your payoff amount was $64,462.62, good to November 1, 2016.  Attached for your ease of reference is a copy of this statement.    On October 15, 2016, a payment was received from you in the amount of $745.67.  This payment was applied to your November 1, 2016 payment in the amount of $745.67.    On October 31, 2016, CMS received a payoff in the amount of $64,462.62.  That same day, this payoff was applied to your loan.  Below for your ease of reference is a summary of how these funds were applied.  Please note that your loan was showing due for the December 1, 2016 payment at the time of this payoff.   Principal balance:                                    ...⇄ $63,582.92 Interest:                                   �...⇄ $    193.32 Recording Fees:                                     �...⇄ $       12.00 Escrow account (surplus):                               $     674.38 Total:                                     ...⇄ $64,462.62   Thereafter, on November 16, 2016, CMS issued a $745.67 refund check (the “Refund Check”) because it mistakenly believed you overpaid at the time you fully paid off your loan ending in [redacted] in October 2016.  On November 18, 2016, CMS discovered the misapplied payment mentioned above in the amount of $1,024.91, which had been misapplied to your loan ending in [redacted].  CMS attempted to reverse the payment and apply the funds to the correct loan; however, your loan was already paid off.  Therefore, on November 18, 2016, CMS placed a “stop payment” on the refund check in the amount of $745.67.  Please note that CMS was only able to recover $745.67 of the total payment of $1,024.91, which left a shortfall of $279.24 still due.   Our records further indicate you contacted CMS on December 5, 2016 to discuss the Refund Check and the resulting Stop Payment Fee the bank assessed. The CMS representative requested you to fax copies of your running bank account statements listing the Stop Payment Fee.  You expressed displeasure towards the representative’s request and terminated the phone call.  On December 7, 2016, and despite CMS’s running bank account statement requirement, you faxed CMS a general bank statement as evidence that your bank assessed the Stop Payment Fee.  However, because you submitted the incorrect account statement, CMS was unable to review your request for a refund at the time.    On December 14, 2016, you called CMS and during this call you spoke with a CMS Supervisor.  The CMS Supervisor informed you that the bank information you had submitted was not showing the aforementioned $30.00 you claim that you incurred for the stop payment.  The CMS Supervisor explained what was needed to review your request.  Our records further indicate that CMS has not received the requested running bank account statements necessary to investigate the Complaint’s allegations.    Solely, as an expression of our commitment to the highest standards of customer satisfaction, and in consideration of any inconvenience that this misapplication and stop payment may have caused you, CMS has agreed not pursue recovery of the remaining balance of $279.24 ($1,024.91-$745.67=$279.24), which resulted in a $279.24 windfall credit to you. To reiterate, these funds were initially applied to your account incorrectly due to a system error, and did not represent payments made by you. You were not entitled to the benefit of the funds, and our inability to recover the entire amount left you with funds which were not due to you.   In light of the above, we must decline your request for an additional $30.00 for the bank fee you indicate you incurred for the stop payment of the of $745.67 refund check.  Nevertheless, we would like to take this opportunity not only to express our sincere apologies for any inconvenience that you may have experienced, but also to thank you for bringing this matter to CMS’s attention.  CMS is always looking for ways to improve service levels and your feedback is important us.   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]) [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific 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, [redacted], [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 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan.  If 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 bureaus. Late 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 purpose. This 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 http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at [redacted], 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 Act. The 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 1-888-267-5474.   -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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

After a few days of when all phone calls and emails from Carrington Mortgage stopped,I recieved a letter in the mail saying we had been denied a refinance ,When in fact I have in my possesion an email saying that they  stopped the refinance process upon my request and no further action will be...

taken.I can send you all of these conversations at any time if this will help in resolving this matter.

September 22, 2015
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Property Address: [redacted]
Dear Ms. [redacted]:
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 September 3, 2015. CMS is committed to responsible lending and servicing and we would like to address your current 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 at the time you purchased the property at [redacted] in 2010, your monthly payment with [redacted] was around $850.00 and that your payment increased to $872.23 with the prior servicer. You go on to state that after CMS acquired the servicing of your loan in the latter part of 2014 your payment increased to $889.00 and that you have recently received notice that in October 2015, your monthly payment will increase to $947.00. You are requesting an explanation of the increase to your escrow account since your loan has been serviced by CMS as your taxes have remained the same and there has been only a slight increase in your preferred homeowners policy.
We have completed a review of the loan and due to the transfer of your loan on October 2, 2014 from JP Morgan Chase to CMS; CMS is required to analyze the escrow account within the first sixty (60) days of the servicing transfer. Our records reflect the loan was analyzed on November 21, 2014 and the anticipated monthly escrow payment went from $156.94 to $173.99 which included the monthly escrow shortage payment of $23.37. The new payment divided the projected tax payment of $1,101.52, the projected hazard payment of $706.00 and the projected shortage of -$280.45 over a twelve (12) month period for a scheduled monthly escrow payment of $150.62 and a projected shortage payment of $23.37. The projected shortage took into account the required cushion amount of $150.62 and the anticipated shortfall of -$129.83. The required cushion was based on one twelfth (1/12th) of the required balance of one month’s escrow payment. For your ease of reference I have included a copy of the Annual Escrow Account Disclosure Statement (“AEADS”) for your review.
Please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.
Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two (2) months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve (12) months, unless state law allows for a lesser amount. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].
On November 3, 2014, our records indicate we paid $1,101.52 to [redacted] County for your taxes. After the payment of your taxes, the balance in your escrow account was negative -$142.39.
On April 09, 2015, our records indicate we paid $706.00 to [redacted] for your preferred homeowner’s insurance policy. Check number [redacted] was issued on April 10, 2015 to your preferred insurance carrier. After the payment of your preferred homeowner’s policy the balance in your escrow account was negative -$12.54. The policy paid on April 09, 2015 was processed in error and we have confirmed with [redacted] the funds were returned back to you as of April 20, 2015.
On May 15, 2015, our Insurance Department received notification there was an increase in your preferred homeowner’s policy. Your preferred homeowner’s insurance policy increased from $706.00 to $733.00. The same day a disbursement of $733.00 was issued for payment of the policy to [redacted]. Check number [redacted] was issued on May 16, 2015 for your preferred policy. After the payment of your preferred homeowner’s policy the balance in your escrow account was negative -$397.56.
On August 25, 2015, CMS analyzed your escrow account as part of the annual requirement ensuring the projected monthly escrow payment is calculated accurately based on the tax and insurance disbursements along with capturing any anticipated shortage. The annual analysis adjusted the anticipated monthly escrow payment from $173.99 to $232.53, which includes the monthly escrow shortage payment of $79.66. The new payment divided the projected tax payment of $1,101.52, the projected insurance payment of $733.00 and the projected shortage of -$955.99. The projected shortage took into account the required cushion amount of $305.74 and the anticipated shortfall of -$650.25. Due to the duplicate payment of your preferred homeowner’s policy the anticipated shortfall in the escrow account increased even though your taxes remained the same and your preferred homeowner’s policy had a slight increase of $27.00 for the year. Please note that CMS anticipated a higher cushion for this analysis due to the change in the escrow cushion from one twelfth (1/12th) to one sixth (1/6th) or two month’s escrow payments. For your ease of reference I have included a copy of the AEADS for your review.
In closing, the payment of the insurance premium of $706.00 on April 9, 2015 contributed to the anticipated shortfall in the escrow account of -$605.25, along with the change in the required cushion in your escrow account to $305.74 for a total projected shortage of -$955.99.
Lastly, if you feel this payment is unaffordable you may contact our Customer Service Department at [redacted], between the hours of 8:00 AM to 8:00 PM, Eastern Time to request the escrow shortage to be spread over 24 months. If spreading the shortage is still unaffordable, we encourage you to complete the attached home retention application which can be submitted directly to our Home Retention Department, via email at [redacted] or via fax at [redacted] for further consideration.
We trust 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, from 8:00 AM to 5:00 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 correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan. If 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 bureaus. Late 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 purpose. This 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 Act. The 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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].
NORTH CAROLINA:
Carrington Mortgage Services, LLC is licensed under the North Carolina Agency Permit No. 102107 & 103455 and North Carolina Secure and Fair Enforcement Mortgage Licensing Act. [redacted].

September 4, 2015
[redacted]
RE: Loan No: [redacted]
Complaint No.: [redacted]
Property Address: [redacted]

Dear Mr. [redacted]:
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, 2015. 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 your inquiry.
As we understand your complaint, you claim that you paid your mortgage payment on May 1, 2015 and you are owed one half of the unused payment along with the remaining escrow balance in the amount of $595.20. You go on to say that CMS owes you a refund totaling $1,025.50 and that the refund check you received on July 15, 2015 in the amount of $595.50 was returned which caused you to be assessed $19.00 in bank fees.
Please note that on May 2, 2015, CMS received your payment in the amount of $1,127.56 which was applied towards your May 1, 2015 payment. It is important to note that interest accrues in arrears and the funds received were applied to the April 2015 interest that was due. The May 2015 payment received was applied as follows: $251.84 to Principal, $610.05 to Interest and $265.67 to Escrow.
On or about May 6, 2015 CMS provided you with a payoff statement good through June 6, 2015 in the amount of $167,719.53. On May 15, 2015, CMS received a payoff in the amount of $167,685.53 which was less than the total amount due as referenced above. That same day, $167,076.40 was applied to Principal, $609.13 was applied to Interest and $34.00 was applied to the Recording Fee. Since the above-referenced loan is a Federal Housing Administration (“FHA”) loan, you were required to include the monthly interest installment in the amount of $609.13 as part of the payoff. The 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 date. For example, your loan was next due for the June 1, 2015 payment; therefore, at the time payoff funds were received, the interest due was for the next installment due. These funds are remitted to HUD and cannot be refunded to you. Attached for your ease of reference is a copy of the payoff statement dated May 6, 2015.
On or about May 30, 2015, CMS issued check number [redacted] for $595.20 which was sent to you via regular mail. On 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, 2015. 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 check. The request for a stop payment was processed on July 13, 2015 for check number [redacted], and check number [redacted] was issued as a replacement on or about July 14, 2015. Our records indicate you contacted our Customer Care Department on July 20, 2015 and advised our agent that the escrow refund had been returned by your financial institution and that you had been assessed bank fees. On August 6, 2015, a stop payment was issued on check number [redacted] and check number [redacted] was issued on August 10, 2015.
Lastly, with regards to your request for reimbursement of a $19.00 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 fee. We 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 complaint. Nevertheless, CMS has agreed to reimburse you your bank fees solely as an expression of our commitment to the highest standards of customer satisfaction. Please note that the reimbursement is contingent upon receiving copies of your bank statements which reflect the $19.00 bank fee in question. Pursuant 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 reimbursement. The 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 complaint. If you should have further questions or concerns, you may contact the undersigned directly at [redacted], Monday through Friday, 8:00 AM to 5:00 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 correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday. You 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 loan. If 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 bureaus. Late 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 purpose. This 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 169 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 home. You 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 Act. The 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 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 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 the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 9:00 p.m. Eastern Time or by mail at [redacted].

May 12, 2016 [redacted]  [redacted] RE:      Complaint No.:           [redacted] MLD Loan No.:          [redacted]...

                                        ...⇄ Dear Ms. [redacted]: 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 April 21, 2016.  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 allege that you applied for a U.S. Department of Agriculture (“USDA”) guaranteed loan with CMS and during your application process CMS ran your credit profile on more than one occasion.  You go on to say that you later discovered through another source that the USDA will not consider any loan applicants with a credit score of less than 640.  Therefore, you do not understand why CMS ran your credit profile more than once, as your credit score was less than 640.  Finally, you state that you believe your credit score has been negatively affected due to these inquiries by CMS. As a preliminary matter, please note that the minimum credit score for a USDA guaranteed loan is 550.  In addition, the USDA has specific requirements and limitations for applicants with credit scores ranging from 550 to 580.  Upon review, our records show that on June 23, 2015, you contacted CMS and indicated you wanted to apply for a purchase loan in the amount of $122,448.00.  At the time, you informed the Loan Officer that you were shopping for a loan and authorized CMS to pull your credit to determine potential loan qualifications.  This credit report showed credit scores below 640 but above 550.  As you are aware, your credit report also showed some adverse credit information that included collections and charge offs after a bankruptcy.  The Loan Officer explained that you would not qualify for a loan based on the adverse credit information on your credit report.  You informed the Loan Officer that you would be disputing the collection accounts as they had been paid.  The Loan Officer provided you credit report contact information to help with your credit dispute process.      Subsequently, on September 23, 2015, you contacted CMS again and indicated you had resolved the disputed collection items on your prior credit report.  In addition, you stated that you were shopping for another property.  Subsequently, on December 28, 2015, you informed the Loan Officer that you were interested in purchasing a property with a sale price of $149,000.00, and you authorized CMS to pull your credit report to determine potential loan qualifications.  This credit report still showed credit scores below 640 but above 550.  The Loan Officer provided you two loan options through Federal Housing Administration (“FHA”) and USDA.  You decided to go through USDA loan as the estimated payment amount was slightly lower than FHA.  However, the loan amount increased to $153,213.00, and you mentioned that the payment amount would be too high for you based on your current income. Subsequently, on December 29, 2015 CMS sent you a Statement of Credit Denial, Termination, or Change that states you application was denied due to Credit Application Incomplete.  Attached for your ease of reference is a copy of this letter. Based on the forgoing, we believe the record is clear that CMS properly reviewed both of your loan applications in accordance with USDA lending guidelines.  Furthermore, the records show that you provided CMS authorization to run your credit report on June 23, 2015, and again on December 28, 2015 for the purpose of purchase money loan applications.  In light of this information, please be advised that CMS denies, generally and specifically, all claims and allegations of wrongdoing contained in your correspondence.  Simply put, your claims and allegations have no basis in fact or law, and therefore are completely without merit. 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, 8:00 AM to 5:00 PM, Pacific Time. Sincerely, [redacted] Customer Advocate CC:  Revdex.com

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.
This company (Carrington Mortgage Services) still makes it unavailable to pay additional principal and escrow. Here's an example of what I mean when I say their website makes it unavailable to pay additional principal and escrow Hopefully someone can contact these people and give them this prime example so they can fix this easily fixable problem. (I tried their customer service, they couldn't do anything)
Regards,
[redacted]

January 20, 2016
[redacted]
[redacted]
[redacted]
[redacted]  [redacted]
RE:      Complaint ID No.:                  [redacted]
Loan No.:  ...

                             [redacted]
Property Address:                   [redacted], [redacted]  [redacted]
Dear Ms. [redacted] and Ms. [redacted]:
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 December 30, 2015.  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 express concerns with CMS’s escrow cushion requirement which caused your monthly payment to increase by $200.00.  In addition, you indicate that this increase has caused you a financial hardship, impacting your ability to make your monthly mortgage payment on or before the due date and resulting in late fee assessments.  You go on to say that you do not agree with the escrow account changes, and would like CMS to change your payment back to $1,279.00.
At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on or about April 2, 2015.  At the time of the service transfer your loan was contractually due for the April 1, 2015 payment. 
While CMS began servicing the loan on April 2, 2015, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition.  This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and complete post-transfer diligence and escrow analysis that are due within sixty days of the acquired date. 
Upon review, our records show that on May 27, 2015, an Escrow Analysis was completed.  This Escrow Analysis was completed as part of the post service transfer requirements mentioned above.  That same day CMS sent you an Annual Escrow Account Disclosure Statement (“AEADS”).  A copy is attached for your ease of reference.  The purpose of the AEADS was to advise you of your projected escrow activity for your escrow cycle beginning August 1, 2015 and ending July 31, 2016. More specifically, the AEADS projected that your yearly county taxes would be $4,631.11, your yearly homeowners insurance premium would be $814.00, and your FHA insurance premium would be $698.04.  Correspondingly, your total disbursements for your escrow cycle beginning August 1, 2015 and ending July 31, 2016 were calculated to be $6,143.15. The total projected escrow advances divided by twelve (12) equals $511.92 per month and represents the required escrow payment beginning August 1, 2015. 
In addition, please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds. 
Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle which is over a twelve-month period. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted]. 
In light of the above, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning August 1, 2015 and July 31, 2016. The total escrow cushion that CMS may collect is $907.50.  It is important to note that the 1/6th calculation does not include any FHA insurance portion for this purpose.
Please also refer to the next section of the AEADS, below the Projected Escrow Activity from August 1, 2015 and July 31, 2016 and note the projected low point balance of -$1,006.08 for November 2015.  Looking at the next column for the same date under “Required”, please note that the low point balance should be $907.50 (1/6th cushion).  As such, CMS is collecting the          -1,006.08 shortage and the $907.50 required low point balance, which added together, equals $1,913.58.  This escrow shortage is being collected over a twelve (12) month period starting with your August 1, 2015 payment, resulting in a monthly shortage collection in the amount of $159.46.  The following is a summary of the total payment amount beginning August 1, 2015.
Principal and Interest Payment                       $   800.02
Escrow Payment                                             $   511.92
Escrow Shortage                                            $   159.46
Total:                                                               $1,471.40
On August 4, 2015, you called CMS and inquired about the monthly payment increase.  The CMS Representative explained the increase was a result of the escrow analysis that had been completed on May 27, 2015.  The CMS Representative also explain in detail the AEADS calculations, the 1/6th escrow cushion requirement, and the escrow shortage.  You indicated that you could not afford the increased payment amount.  The CMS Representative suggested having the escrow shortage spread over a longer period of time such as, tweenty-four (24) months to help reduce the monthly payment, and also provided you an estimated payment reduction of $80.00.  You indicated that the payment amount would still be too high, and asked to speak with a Supervisor.  While the CMS Representative located an available Supervisor the call was dsconnected.
Subsequently, on August 6, 2015, a CMS Supervisor called you, and during this call you explained that you could not afford the montly payment increase caused by the escrow cushion.  The CMS Supervisor explained that the required escrow cushion could not be removed; however, the escrow shortage could be spread over a longer repayment period such as, twenty-four (24) or thirty-six (36) months to help reduce the monthly payment amount.  You indicated that you wanted to have the shortage spread over thirty-six (36) months.  That same day, the CMS Supervisor submitted this request to the Escrow Department for processing.
On August 11, 2015, CMS completed an updated AEADS that spread the escrow shortage over thirty-six (36) months which reduced your payment from $1,471.40 to $1,366.71 beginning August 1, 2015.  That same day the updated AEADS was sent to you.  A copy of the AEADS is attached for your ease of reference.  The following is a summary of the total payment amount beginning August 1, 2015.
Principal and Interest Payment $   800.02
Escrow Payment                                    $   511.92
Escrow Shortage                       $     54.77 
Total:                                          $1,366.71
Your previous payment in the amount of $1,272.41 included a principal and interest payment in the amount of $800.02 and an escrow payment in the amount of $472.39.  Based on the projected escrow advances of $6,143.15 and the required 1/6th cushion for the escrow account, your prior escrow payment would have been insufficient and would have resulted in an escrow shortage.
On August 14, 2015, you called CMS and during this call you inquired about the possiblity of having the escrow shortgage spread for a longer period of time.  The CMS Representative explained that the longest period available for the repayment of the escrow shortage was  thirty-six (36) months.  On August 25, 2015, you made a payment using the CMS automated phone service in the amount of $1,421.37, and this payment was applied to your August 1, 2015 payment.
Thereafter, the records show that CMS received your monthly payments for the months following after the grace period and therefore, late fees were been assessed to your loan for these late payments.  Below, for your ease of reference is a payment summary that shows your payment transactions from the date of the service transfer to January 5, 2015.
Based on the foregoing, we conclude that the annual escrow analysis and payment adjustment were completed in accordance with RESPA and the established loan servicing policy and procedure for this FHA insured loan.  It is important to note that the annual escrow analysis is required by law, and payment adjustments may be required from time to time to ensure proper accounting of escrow funds and also to insure sufficient funds for projected disbursement for the payment of taxes and insurance.  As a result of our investigation we find no evidence of wrongdoing on CMS’s behalf. While we understand you would have preferred a different outcome, we respectfully submit that the collection of the cushion is permitted by law and common within the mortgage industry. Therefore, CMS will continue to comply with federal law and collect the allowable escrow cushion.   
Please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If 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 Time. You 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 the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 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 correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You 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 loan.  If 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 bureaus. Late 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 purpose. This 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 Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC [redacted].
-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, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

July 30, 2015[redacted] RE: Loan No.: [redacted] Borrower: [redacted] Property Address: [redacted] Complaint I.D. No.: [redacted]Dear Ms. [redacted]: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 July 9, 2015. CMS is committed toresponsible lending and servicing and we would like to address any concerns you may have. Thefollowing is our response to the issue(s) raised in the inquiry.As we understand your complaint, you allege that CMS has engaged in inappropriatecollaboration with your doctor and your attorney regarding medical issues you experienced in2011, and as a result of the collaboration, CMS has managed your account improperly. Forexample, you claim that CMS has modified your loan without your knowledge. You also statethat you have always paid your property taxes and hazard insurance, but that CMS has forcedyou to be late on your mortgage payments by improperly applying payments to your loan. Youare requesting CMS to waive your outstanding late charges and place any unpaid payments at theend of your loan.At the outset, please note that CMS has attempted to assist you in seeking an affordablemortgage payment since 2008. To that end, CMS first modified your loan on November 25,2008. This loan modification lowered your principal and interest payment from $750.29 to$651.91. This loan modification also lowered your adjustable interest rate from 8.875% to7.25% fixed for the remaining term of the loan. The interest due in the amount of $687.49 wascapitalized giving you a newly modified principal balance of $93,643.67. The loan was broughtcontractually current and due for the December 1, 2008 payment.In another effort to assist you, CMS modified your loan a second time on April 20, 2011 . Thisloan modification lowered your principal and interest payment further, from $651.91 to $439.73and also lowered your interest rate from 7.25% fixed to 5% fixed for five years. In addition, theloan was amortized over a 44.42 year term to make the payment more affordable (the maturitydate remained the same). The interest due in the amount of $547.64 was capitalized giving you anewly modified principal balance of $91,191.46. The loan was brought contractually current anddue for the May 1, 2011 payment.CMS is uncertain why you believe CMS completed a loan modification without your knowledge.As you can see, your signature is affixed to each of these two loan modifications, one of whichrequired you to sign the document in the presence of a notary. Moreover, CMS would like totake this opportunity to point out that your signature on each of the loan modifications matchesthe signature on your original loan documents, copies of which are included here for your ease ofreference. In light of the above, CMS respectfully submits that CMS did not complete any loanmodification without your knowledge.Please be advised that each of these two loan modifications did not require your loan to beescrowed and CMS did not collect monthly amounts from you for the future payment of yourproperty taxes or hazard insurance as you were required to maintain these items outside of yourmortgage payment.A review of our records found that on March 7, 2013, CMS received the attached CancelationNotice from your insurance company, [redacted] ("[redacted]")notifying CMS that your hazard insurance would be canceled effective on March 23, 2013 due toyour non-payment of premium. On March 20, 2013, CMS received the attached ReinstatementNotice from [redacted] indicating that your hazard insurance was reinstated effective March 19,2013 with a renewal of your insurance becoming due on June 29, 2013.On May 7, 2013, CMS received another Cancelation Notice effective on May 24, 2013 due toyour non-payment of the hazard insurance premium, a copy of which is included here for yourease of reference. On May 25, 2013, CMS issued you the attached Notice to Provide FireInsurance ("NPFI") for the period beginning on May 24, 2013. This NPFI notified you that yourproperty is required to be adequately insured at all times and requested that you immediatelyprovide Evidence of Insurance ("EOI") to CMS.In addition, this NPFI also advised you that if CMS was not in receipt of EOI with a minimumcoverage amount of $209,500.00, CMS would purchase Lender Placed Insurance ("LPI") onyour behalf and at your expense for the annual premium amount of $1,487.40. It is important tonote that a LPI policy is generally more expensive than the cost of a policy that a borrower maybe able to obtain with a preferred insurance provider, mainly because the LPI policy wouldinsure the lender, even in the event that the property suffered a claimable loss during a lapseperiod in coverage dates. In addition, LPI only insures the lender's interest and does not insureany of the borrower's personal belongings.Because CMS was not in receipt of your EOI, a Second and Final NPFI was issued to you onJune 25, 2013. This notice informed you that CMS was not in receipt of your hazard insuranceand also explained that you had the right to purchase insurance from the company of yourchoice. This Second and Final NPFI reminded you that if CMS was not in receipt of EOI with aminimum coverage amount of $209,500.00, CMS would purchase Lender Placed Insurance("LPI") on your behalf and at your expense for the annual premium amount of $1,487.40.On July 25, 2013, CMS was not in receipt of the requested EOI and as advised within the twoprior notices, CMS purchased hazard insurance on your behalf and at your expense effective asof May 24, 2013. Consequently, CMS established an escrow account for your loan andadvanced $247.90 for the payment of the May and June 2013 monthly LPI installments in theamount of $123.90 each ($1,487.40 divided by 12 equals $123.90). CMS also issued you theattached Notice of Lender Placed Fire Insurance that contained a LPI policy for the annualpremium amount of $1,487.40 and CMS continued to advance the monthly amount of $123.90from your escrow account. ·On October 2, 2013, CMS completed the initial analysis of your escrow account and the attachedescrow analysis was issued to you the same day. This escrow analysis projected total an annualhazard insurance premium in the amount of $1,487.40. Because the total annual escrowdisbursements for your loan were projected to be $1,487.40, your escrow account was requiredto have a minimum of $123.95 at all times ($1,487.40 divided by 12 equals $123.95). Basedupon the projected disbursement date of your hazard insurance premium, CMS determined thatyour escrow account would have a deficit of $867.65 in November 2013. Because you wererequired to have $123.95 in your escrow account at all times, CMS determined that your escrowaccount would contain an escrow shortage in the amount of $991.60 at that time ($867.65 plus$123.95 equals $991.60).In order to prevent any undue hardship, CMS spread the escrow shortage of $991.60 over aperiod of twelve months which resulted in an increase to your monthly mortgage payment from$439.73 to $646.31 effective with the November 1, 2013 mortgage payment. For your ease ofreference, a breakdown of the November 1, 2013 mortgage payment is outlined below. Principal and Interest: $ 439.73 Base Escrow Collection: $ 123.92 ($1,487.40 divided by 12) Monthly Escrow Shortage: $ 82.63 ($991.60 divided by 12) November 1, 2013 Payment $ 646.31On January 8, 2014, CMS received the attached EOI for your insurance policy with [redacted]
[redacted] ("[redacted]") for an insurance policy covering the period beginning onMay 3, 2013 to May 3, 2014. Because CMS was finally in receipt of the requested EOI, CMSrefunded your loan the full amount of $991.60 which was applied to your escrow account onJanuary 13, 2014. CMS then removed the monthly escrow collection from your loan.On December 31, 2014, CMS received your loan modification application for considerationunder the H[redacted] ("[redacted]"). At the time of receipt, your loanwas in default and showing due for the November 1, 2014 mortgage payment. A review of yourRequest for Mortgage Assistance form ("[redacted]") shows that you received assistance completingthe RMA from the [redacted] Corporation of America ("[redacted]"). In addition toreceiving your RMA form, CMS also received the attached 4506T-EZ form, as well as yourNovember and December 2014 bank statements.A preliminary review of your application found that CMS was not in receipt of benefit awardletter, a properly completed 45606T-EZ form, and all pages of your three most recent bankstatements. Accordingly, CMS issued you the attached Initial Package Acknowledgement -Incomplete Notification that required CMS to be in receipt of the missing information on orbefore February 5, 2015.On January 21, 2015, CMS received additional information from you and determined that yourapplication appeared to be complete. Your file was then sent to CMS's UnderwritingDepartment for further consideration. On January 30, 2015, the Underwriting Departmentreviewed your file and discovered that CMS required additional information from you to supportyour occupancy of the subject property. Consequently, your file was sent back to the IntakeDepartment and the attached Incomplete Information Notice ("IIN") was issued to you onFebruary 7, 2015. This IIN required that CMS be in receipt of proof of occupancy on or beforeMarch 14,2015.On March 13, 2015, CMS received the attached email from you providing CMS with a copy ofyour Dish Net television service address as proof of your occupancy of the property. As you areaware, you sent this information to CMS's Home Retention Department to satisfy CMS's requestfor missing information. CMS would like to point out that your signature on the fax coversheetalso matches the signatures on your prior loan modifications as well as your original loandocuments.On March 25, 2015, CMS determined that your loan was [redacted] eligible. As required, CMSextended you the attached [redacted] Trial Period plan ("[redacted]") that required you to submit threeconsecutive monthly payments in the amount of $411.00 for the months of May, June and July2015. Upon the successful completion of the [redacted], CMS agreed to permanently modifyyour loan under [redacted].As required under [redacted] guidelines, CMS then requested its Escrow Department to verify yourcurrent preferred insurance policy and to fully pay any remaining amounts due under yourpreferred insurance policy. In addition, CMS also requested its Escrow Department to pay alldelinquent property taxes including any property taxes that would become due in the followingninety days which was completed on Aprill, 2015. Accordingly, CMS advanced $1,368.01 dueunder your preferred insurance policy and also disbursed $304.32 for the payment of yourproperty taxes for a total disbursement amount of $1,672.33.It is important to note that CMS is required under [redacted] guidelines to pay these amounts and toestablish an escrow account for the future collection and payment of your property taxes andinsurance. Later on April 1, 2015, you contacted CMS and advised the CMS representative thatyou did not wish to proceed with the approved [redacted]. The CMS representative notifiedyou that CMS must receive your request to cancel the loan modification in writing in order tocancel the [redacted].On April 16, 2015, you contacted CMS and again expressed your desire to cancel the [redacted]. The CMS representative again explained that CMS must receive your request in writing.That day, a CMS representative sent you an email reminding you that in order to cancel the[redacted], CMS needed your [redacted] rejection letter. The CMS representative provided youwith the fax number to send your [redacted] rejection letter to CMS.Later that same day, CMS spoke with you and again informed you that that in order to cancel the[redacted], CMS would need you to send such request to CMS in writing. During this phoneconversation, the CMS representative confirmed that an escrow account was established whichwas required under [redacted] guidelines. The CMS representative provided you with a fax numberand an email address to send your [redacted] rejection letter to CMS. Even later on April 16,2015, CMS received your emailed request to opt out of the approved [redacted]. Accordingly,CMS canceled the [redacted] and issued you the attached [redacted] Non-Approval Notice.On April 17, 2015, you contacted CMS and expressed your dissatisfaction that your paymentincluded a monthly escrow collection. During this phone conversation, you alleged that CMSunlawfully approved your loan for a modification. The CMS representative explained that yourloan was not modified a third time, rather a [redacted] was set up and an escrow collection wasestablished as required under [redacted] guidelines. The CMS representative explained that the[redacted] was canceled and CMS would begin the process to remove the escrow accountestablished under the [redacted].On April 24, 2015, your tax and insurance lines were converted back to non-escrow and theattached escrow analysis was issued to you. Although this escrow analysis did not project forany future escrowed items, the analysis did account for the advances previously made by CMS inconnection with the [redacted] approval to pay your preferred insurance policy premium andyour property taxes totaling $1,672.33. This escrow analysis determined that your escrowaccount contained an escrow shortage in the amount of $1,373.80. As a reminder, this shortageis attributable to funds already advanced by CMS to pay your preferred policy premium and yourproperty taxes. You had the benefit of these funds regardless of whether the [redacted] was finalized,since the premium and property taxes would have been due and payable by you in any event. Inorder to minimize the impact of the shortage on your monthly payment amount, the shortage wasspread over a twelve month period and resulted in an increase of your mortgage payment to$554.21 effective with the June 1, 2015 payment. For your ease ofreference, a breakdown oftheJune 1, 2015 mortgage payment is outlined below. Principal and Interest: $ 439.73 Base Escrow Collection: $ 0.00 Monthly Escrow Shortage: $ 114.48 ($1,373.80 divided by 12) June 1, 2015 Payment $ 554.21On May 4, 2015, you contacted CMS and requested the status of your loan. The CMSrepresentative notified you that your loan was in default and showing due for the April 1, 2015payment in the amount of $539.24 with funds in the amount of $24.85 being held in an unappliedstatus. You stated that you should have had additional monies in an unapplied status. The CMSrepresentative explained that your mortgage payment included a monthly escrow collection forthe amounts advanced due to the [redacted], and you stated that you rejected the [redacted].You then advised the CMS representative that despite the fact that your contractual mortgagepayment was $539.24, you would only send payments to CMS in the amount of $439.73On May 15, 2015, you contacted CMS and after you were provided with the total amount due,you notified the CMS representative that you would only send a total of $879.46 for the April 1,2015 and May 1, 2015 mortgage payments. (We note here that this amount is less than the totalof two principal and interest payments of $479.73 ($479.43 times two equals $959.46.) You alsostated that you would pay your escrow shortage at a later date. The CMS provided you with$539.24 as the amount of your contractual payment before the call was completed.On June 4, 2015, CMS received funds in the amount of $439.73 which were placed in anunapplied status along with the $24.85 that was previously held in an unapplied status for a totalunapplied amount of $464.58. CMS continued to hold these funds in an unapplied status untilthe time that CMS was in receipt of additional funds equaling the contractual payment of$539.24.On July 6, 2015, CMS spoke with you and you again expressed your dissatisfaction that yourpayment contained an amount to repay the advances made on your behalf in connection with the[redacted]. In an effort to assist you, the CMS representative agreed to request that yourescrow shortage be spread over a twenty-four month period to reduce your contractual mortgagepayment. The CMS representative provided you with the status of your account before the callwas completed.The following day, CMS completed the attached new escrow analysis and a copy was sent to youthe same day. This escrow analysis determined that your escrow account contained an escrowshortage in the amount of $1,259.32, which was spread over a twenty-four month period. Thisresulted in a decrease to your mortgage payment to $492.20 effective with the July 1, 2015payment. For your ease of reference, a breakdown of the July 1, 2015 mortgage payment isoutlined below. Principal and Interest: $ 439.73 Base Escrow Collection: $ 0.00 Monthly Escrow Shortage: $ 52.47 ($1,259.32 divided by 12) July 1, 2015 Payment $ 492.20On July 22, 2015, CMS received funds in the amount of $1,108.05 from you. These funds wereinitially applied to with the $464.58 previously held in an unapplied status for a total unappliedamount of $1,572.63. The same day, CMS pulled $1,078.48 from the unapplied balance tosatisfy the April, 2015 and May 1, 2015 mortgage payments in the amount of $539.24 each andthe remaining $494.15 was held in an unapplied status until the time CMS received additionalfunds to satisfy the June 1, 2015 mortgage payment in the amount of $554.21.On July 23, 2015, CMS issued you the attached Notice of Intent to Foreclose ("NOI"). Thisnotice explained that your loan was in default for the non-payment of the June 1, 2015contractual payment and provided you with $1,736.71 less the $494.15 held in an unappliedstatus as the amount required to cure the delinquency. This NOI also notified you that failure tocure the delinquency within thirty days may result in acceleration of the sums secured by theMortgage and in the sale of the property.On July 24, 2015, CMS spoke with you and notified you that your loan was showing due for theJune 1, 2015 mortgage payment in the amount of $554.21. You were provided with the totalamount due and that there were funds in the amount of $494.I5 in an unapplied status. You werenotified that CMS required an additional $60.06 to be combined with the funds in an unappliedstatus to satisfy the June 1, 2015 mortgage payment. Shortly thereafter, CMS received fundsfrom you in the amount of $66.00 and CMS combined $60.06 along with the $494.15 previouslyheld in an unapplied status to satisfy the June 1, 2015 mortgage payment in the amount of$554.21. The remaining $5.94 is being held in an unapplied status until CMS is in receipt of theremaining $486.26 required to satisfy the July 1, 2015 mortgage payment.As of the date of this letter, your loan is showing due for the July 1, 2015 mortgage payment inthe amount of $492.20 with funds in the amount of $5.94 being held in an unapplied status.Attached for your ease of reference is a copy of your loan payment history along with the loanservicing system payment codes and definitions.In response to your concerns that CMS may have somehow engaged in any inappropriatecollaboration with your doctor and your attorney, we assure you that no such collaboration hastaken place. While CMS sympathizes with all customers who may have experienced unfortunatemedical circumstances, CMS is careful to avoid any appearance of conflict of interest, and wetreat all borrowers the same regardless of medical condition or membership in a protected class.Moreover, you may be pleased to know that CMS has a strict policy not to disclose any loan orpersonal information with any party regardless of the relationship with the borrower unless CMSis in receipt of written permission from the borrower to disclose such information to any thirdparty. CMS is unable to locate any evidence that your loan has been serviced differently fromany borrower who may have found themselves in a similar situation.Finally, in response to your request for CMS to waive the outstanding fees due on your loan andto place the delinquent payment at the end of your loan, please be advised that CMS respectfullydeclines your request as you have not made payments according to the terms of your loan. It isimportant to note that the should you have accepted the terms of the [redacted] by successfullycompleting the [redacted], CMS would have been required to waive all late charges andcapitalize all delinquent payments.Based on the foregoing, we believe the record is clear that CMS has properly serviced your loan,and has properly managed your escrow account that was initially established due to LPI beingpurchased on your behalf. It is also clear that you were aware of all loan modificationscompleted by CMS and that CMS properly paid your property taxes and hazard insurance, andalso properly established an escrow account after you were approved for a [redacted].Regretfully, CMS is unable to remove the current escrow collection until the time that CMSreceives funds sufficient to repay the escrow deficit currently existing in the amount of$1,288.38. Should you wish to further discuss any aspect of your loan, we encourage you tocontact CMS's Customer Service Department at [redacted] for further assistance.We trust that this communication addresses all of the concerns noted in the complaint. If youhave any further questions, please contact the undersigned at [redacted], Monday throughFriday, 8:00AM to 5:00PM, Eastern Time.Sincerely, [redacted]Customer AdvocateCC: Revdex.com

Dear Mr. [redacted]: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 May 3, 2016. 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 your inquiry.As we understand your complaint, you stated that you make your monthly payments online. You allege that CMS sent you a letter stating you were two months behind on your mortgage payments, and you go on to say that when you contacted CMS, you were informed that CMS never received your monthly payments. Lastly, you claim that you were advised the discrepancy was due to a banking error and your credit reporting would not be affected. Accordingly, you are requesting that CMS remove the negative credit reporting provided to the credit bureaus.That said, our records show that on November 16, 2015 you made an online payment through the Loan Servicing Website (“LSW’’) in the amount of $1,647.56. This payment was posted to the November 1, 2015 contractual payment.On December 10, 2015, CMS sent you a No Contact Notice which informed you that CMS was not in receipt of your December 1, 2015 payment in the amount of $1,647.56.On December 15, 2015, you made an online payment through the LSW in the amount of $1,647.56. This payment was applied to the December 1, 2015 payment.On January 15, 2016, you made a payment through the LSW in the amount of $1,647.56. This payment was applied to the January 1, 2016 contractual payment.On February 11, 2016, you made a payment through the LSW in the amount of $1,647.56. This payment was posted to the February 1, 2016 contractual payment.On March 11, 2016, you made another payment through the LSW in the amount of $1,647.56. This payment was posted to the March 1, 2016 contractual payment. Please note that, when you entered your banking information, you entered a routing number ending in [redacted] and a sixteen digit account number ending in [redacted].On March 16, 2016, CMS reversed the LSW payment you made on March 11, 2016 in the amount of $1,647.56 which was posted to the March 1, 2016 mortgage payment. The payment reversal left your loan due for the March 1, 2016 contractual payment.On March 17, 2016, CMS sent you a Return Speed-Pay Notice advising you that the LSW payment dated March 11, 2016 in the amount of $1,647.56 had been rejected due to “account number not found”.On March 17, 2016, a late charge in the amount of $41.71 was assessed to your loan bringing the total amount due to $1,689.27. The next day, on March 18, 2016, CMS sent you a No Contact/Late Charge Assessed Notice which clearly informed you that CMS was not in receipt of your March 1, 2016 payment in the amount of $1,647.56.On April 2, 2016, CMS generated and mailed you a mortgage assistance solicitation letter which listed several loss mitigation options that were available such as a Repayment Plan, Special Forbearance, Loan Modification, Short Sale/Pre-Foreclosure Sale and a Deed-in-Lieu of Foreclosure. This letter also encouraged you to complete and submit the enclosed mortgage assistance application directly to our Home Retention Department.On April 6, 2016, CMS issued a Notice of Intent to Foreclose (“NOI”) as the loan was in default because CMS had not received the installment payments due on and after March 1, 2016. As of the date of the NOI, the total amount required to cure the delinquency was $3,258.91.On April 12, 2016, CMS sent you a Delinquency Notice which informed you that your loan was delinquent and due for the March 1, 2016 and April 1, 2016 contractual payments.On April 16, 2016, you made a payment through the LSW in the amount of $1,647.56. This payment was posted to the March 1, 2016 contractual payment. Please note that, when you entered your banking information, you entered a routing number ending in [redacted] and a sixteen digit account number ending in [redacted].On April 18, 2016, CMS received a call from authorized third party (“ATP”) [redacted], stating that CMS had sent a letter advising that the loan was due for the March 2016 and April 2016 payments. The CMS Representative informed the ATP that the March 2016 payment was returned, and that on April 16, 2016 CMS had received a payment in the amount of $1,647.56 which was applied to the March 1, 2016 payment leaving the account due for the April 1, 2016 payment. It was during this call that the ATP confirmed that she he had used her debit card to make the mortgage payments for March and April 2016. It was at this time that the CMS Representative processed a check by phone payment in the amount of $3,232.20. The payment totaling $3,232.20 was applied to the April 1, 2016 and the May 1, 2016 payments in the amount of $1,569.64 each. The remaining funds were than applied to the $15.00 check by phone fee, outstanding late fees totaling $41.71 and $36.21 was applied to principal curtailment.However, on April 20, 2016 the payment made through the LSW on April 16, 2016 was reversed due to “account number not found”. Upon the completion of this payment reversal, your loan was contractually current and due for the May 1, 2016 payment.On May 12, 2016, you made a payment through the LSW in the amount of $1,653.06. This payment was applied to the May 1, 2016 contractual payment of $1,569.64 and the remaining funds of $83.42 were applied to the outstanding late fees.With that said, as of the date of this letter, your loan is current and due for the June 1, 2016 contractual payment of $1,569.64. Attached for your ease of reference is a current payment history including transaction codes and definitions. A copy of the online LSW payments screen prints dated March 11, 2016 and April 16, 2016 are also attached for your reference.In light of the above findings, our review has found no evidence that you were advised that the March 2016 and April 2016 payments were rejected due to a banking error. Our review shows that the payments in question were rejected as debit cards are not an acceptable form of payment. For future reference, we encourage you to use your bank account information when making payments through the LSW. Furthermore, we have also found no evidence that the CMS Representative advised the ATP that your credit reporting would not be adversely impacted. Resultantly, we have determined that the information reported to the major credit bureaus properly reflects your payment history and loan information. Therefore, we must respectfully reject your request to remove the derogatory information reported.We trust that this communication addresses all of the concerns noted in your complaint. If 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 AdvocateCustomer Advocate

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.
Regards,
[redacted]
In fact I have a recording of their agent telling me that they would foreclose on my property.  Also the account number was off on the check however the Name address and was correct.  All they have to do is listen to the recording that they say at the beginning of every contact they have with customer for evidence of the conversation.