Date Received: 2023-04-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Received letter this year XXXX in XXXX from Loancare stating the following... " According to our records, we issued you check number XXXX for your mortgage loan in the amount of {$4100.00} on XX/XX/XXXX. Refunds are usually due to excess funds in the escrow account. As of XX/XX/XXXX, our records indicate that this check has not been cashed. '' It then requests I confirm information and mail back to them. I called to confirm this was legit and through many phone conversations and push back, I finally got someone to confirm this was legitimate and to simply follow the directions of the letter. I called back to get confirmation they received it since I handed directly to mailman and they again gave me the run around without confirming. The letter shows they now have until 8 weeks after XX/XX/XXXX to issue a new check. That seems ridiculous and I don't believe they ever sent initial check or I would have cashed it.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2023-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: i feel behind on my morgage and tried to get a modifcation and emailed and faxed many times and still was not able to get anything done. Made many phone calls still nothing..And on the pphone they said 4 times they would have a manager call me back and never did..I have all the emails and paper work and am afraid of loosing my home and need help..I explained this and still no one has reached back out to me..I have copies and emails of eveything please help me..Thank you
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19124
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Notice and Demand to Cease and Desist ALL Collection Activities Prior to Validation of Purported Debt, FRAUD! RE : XXXX XXXX XXXX, XXXX XXXX, YOUR NEW LOAN NUMBER : XXXX, XXXX XXXX XXXX XXXX XXXX FL XXXX, Your Servicing Transfer and LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL ; NOTICE TO PRINCIPAL IS NOTICE TO AGENT ATTENTION : Title President XXXX XXXX XXXX and LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX FRAUD! I DO NOT CONSENT! Cruden v. Neale 2, N.C 338 ( 1796 ) 2SE REFUSED FOR CAUSE WITHOUT DISHONOR UCC 3-501 2-207 ( 2 ) ( C ) I feel this matter is serious and wish to deal within in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages. I must warn you that they will know constitute harassment and I may take action under Section 1 of the Protection from Harassment Act 1997. I confirm that I have received a written communication from you dated XX/XX/XXXX wherein you make reference to the above captioned matter. It is apparent that you are acting on the presumption that we had a contract or agreement. I am unaware of this contract or agreement between LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX. I dont understand how to respond to you in as much as I am unaware of any contract relationship between us. This account fraudulently opened in our names with LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX are debt collectors Under the FDCPA. A debt collector does not have the right to communicate without a prior written consent period. XXXX5 U.S. Code 1692e - False or misleading representations and multiple violations of Federal Debt Collection Practices Act ( FDC PA ). The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 15 U.S. Code 1692 B ( 2 ) not state that such consumer owes any debt ;. 15 U.S. Code 1692 A 5. 15 U.S. Code 1692d. Harassment or abuse. Title 8 USC 809. Validation of debts [ 15 USC 1692g ]. A debt collector does not have the right to communicate without a prior written consent period. FDCPA VIOLATIONS, my CONSUMER RIGHTS TO PRIVACY and multiple VIOLATIONS of FDCPA state and Federal laws, fraud, aggravated identity theft, extortion, theft by deception, intentional act of fraud and GROSS MISREPRESENTATION. LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX is attempting to collect a debt on the basis of fraud! As a courtesy I will entertain this presentment by demanding you to validate the alleged debt within thirty ( 30 ) days of the date of this Notice. Failure to properly respond and continue with collections activities will be follow up with my FTC, CFPB complaint, fee schedule, and lawsuit. This is NOT a request for statement/agreement, fraudulent copies from XXXXXXXX XXXX XXXX and is not to be treated as one. Please provide all the requested documentation requirements on the Notice and Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt for account # XXXX. 1. This is an attempt to validate a debt, against LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX the parties of which collectively be known as a debt collector, under the Federal Debt Collection Practices Act ( hereinafter FDC PA ). I am exercising my legal right to validate a debt that this agency claim is owed. 2. This response is not a refusal to pay, this is my conditional acceptance pursuant to conditions being met as required by the Fair Debt Collection Practices Act ( hereinafter FDCPA ), 15 USC 1692g sec. 809 ( b ), and other applicable laws. I accept this claim, contingent upon the debt collection ( s ) providing verifications and validation as follow : A ). I demand you to provide verification of the claim that this account number # XXXX, is not paid in full. I have seen no evidence to support any allegations to this contrary, and I believe no such evidence exists. B ). I demand proof of claim that LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX is the original holder in due course or the proper and valid assignee of the alleged obligatory instrument on account of account # XXXX. Your proof must include the evidentiary requirements of section ( a ) and ( b ). To provide proof you must exhibit an original, or a genuine instrument in accordance with the UCC inter alia, Florida Law, 3-501 ( B ) ( 12 ), and any local applicable laws, inclusive of the genuine original promissory note and genuine original allonge ( s ) Showing chain of title, and the official accountant ledger. C ). To provide proof you must exhibit an authoritative copy of the Obligatory instrument or Record, Timed and date stamped, which identifies LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX as the assignee of the alleged secure party as the assignees of the record or records. To be valid, copies or revisions that add or change the assignee of the authoritative copy can be made only with the participation of the secured party pursuing you UCC 9-105. 3. I demand proof that the account number # XXXX does not reflect a XXXX XXXX XXXX ) balance. I have seen no proof to support your allegation and I believe no such proof exists. 4. Upon providing documentary evidence which challenges the authentic statement of accounting annexed hereto, then demand is placed upon you to provide a complete financial audit and accounting of account # XXXX to show all ledgering ( credit and debit ) resulting in the incrementing balance, pursuant UCC 9-210. The audit and accounting shall be conducted in accordance with the generally accepted government auditing standards, the comptroller Generals standards for audits of the federal organizations, OMB circular A-732 as basic audit criteria for federal agencies. 5. 15 U.S. Code 1681b - Permissible purposes of consumer reports. Permissible purposes of consumer reports. Impermissible purpose Violations and privacy violations. XXXX. According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. I understand that you shouldn't be allowed to put any information on my file unless I have authorized it. Please, either provides me with strict proof I authorized this accounts # XXXX such as signed applications or contracts in wet ink signature and the actual accounting showing a loss. Do not place any negative derogatory information on my credit file, pursuant Fair Credit Reporting Act. NO CONTRACT! Only discharge of debt, acceptance and return for discharge. NOTICE TO AGENT IS NOTICE TO PRINCIPAL ; NOTICE TO PRINCIPAL IS NOTICE TO AGENT I hereby give you thirty ( 30 ) days to reply to this notice from the above date. Your failure to provide with substance the aforementioned documentation within thirty ( 30 ) days, from the above date of this notice, to validate the alleged debt, will constitute your agreement to the following terms : 1. That the alleged debt did not exist in the first place 2. It has already been paid in full; dissolved 3. That any damages XXXX XXXX and XXXX XXXX XXXX suffer, you will be held culpable. 4. You will no longer pursue this matter any further. 5. You agree to pay all fee schedules ( {$500.00} daily Administration, postage, copy charges and assessments and cost of collector fees. 6. You agree with me putting a commercial lien on LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX and anyone involved with alleged debt. Please, either provide me with strict proof I authorized any of these accounts such as signed applications or contracts in wet ink signature and the actual accounting showing a loss. Under the Fair Debt Collection Practices Act Section 805 ( C ), it is my right to request that you cease and desist contact with me. I am exercising my right to do so with this letter. I request that you immediately CEASE and DESIST all actions with me. With this notice, under the law, you can now only contact me to : 1. To advise me that your company 's further efforts are being terminated. 2. To notify me that your company may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or Where applicable, to notify me that your company intends to invoke a specified remedy. Please provide strict proof of authorizations by sworn affidavit or I will have no other alternative than to have my local Congressman promptly forward a formal complaint to the Federal Trade Commission or contact Attorney General for further scrutiny of this matter and a lawsuit for tax fraud, fraud, aggravated identity theft, extortion, theft by deception, intentional act of fraud, GROSS MISREPRESENTATION and etc. Flint Edwards, Carlyne Desir V. Midland Mortgage Case No. XXXX XXXX. XXXX One Million dollar lawsuit against XXXX XXXX XXXX and Carlyne Desir v. LVNV Funding LLC case # XXXXXXXX XXXX XXXX XXXXXXXX and XXXX XXXX for violations of FDCPA. Please correct the billing error, discharge debt and report to the credit bureau paid in full for six month. Settle and close fraudulent account as fully paid and release the lien with XXXX XXXX Florida by XX/XX/XXXX. We need mortgage Satisfaction, release of Lien and dismissal of current and future court actions from LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX or I will file a lawsuit for fraud and etc. UCC 3-501 also requires servicer to show authority to make demand for payments, if it does not own the note, but is merely servicing it. In the event a note holder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the note holder or servicer complies with all laws or contract provisions. If we make any payment under duress, coercion, forced and protest. Where an unjustified payment or transfer of some kind has been induced by duress, in a situation where there is no contractual relationship between the parties, the aggrieved party will be entitled to reclaim the payment or transfer. Money paid under duress can be recovered back. 15 U.S. Code 1681n - Civil liability for willful noncompliance. 15 U.S.C. 1681o - U.S. Code- Unannotated Title 15. Commerce and Trade 1681o. Civil liability for negligent noncompliance. 15 U.S. Code 1640 - Civil liability with respect to any failure to make disclosures. 15 U.S.C. 1611 - Criminal liability for willful and knowing violation. All prior Powers of Attorney, all other prior presumed or granted Executorships, Trust, MERS and Agency relationships are terminated. PRIVITY OF CONTRACT! BY : XXXX XXXX and XXXX XXXX All Rights Reserved, Without Prejudice, U.C.C. 1-207, 1-308, 1-103 By : XXXX XXXX and XXXX XXXX, Secured Party Creditor , Authorized Executor of the Estate XXXX XXXX XXXX, XXXX XXXX. Executrix of the XXXX XXXX XXXX, XXXX XXXX. Registered XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, FL XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33579
Submitted Via: Web
Date Sent: 2023-04-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-01
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I sold my house on XX/XX/2023 and I was due an escrow refund from my mortgage company LoanCare amount of {$4100.00} within 30 days I contacted them numerous times and they tell me a check should have been mailed out within 10 business days of closing. The address on file was verified as the correct one, but I have yet to receive my check in the mail still. I offered to pay for tracking so I can locate the check, but they tell me that is not possible. They continue to tell me nothing can be done in regards to locating my check except wait for 30 days since they sent the check so they can send a new one.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 93313
Submitted Via: Web
Date Sent: 2023-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-31
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I been giving out my social my whole life and now apon discovery I might have any rights because of my data is everywhere. I fear for my life and my family and I'm terrified of the same laws that suppose to protect me. Do the color of law, American dream apply to me and my family? Do the CRA of XXXX apply to me? Or maybe the XXXX Act of my own XXXX birthday XXXX???? Where's the Declaration of independence I need to sign the dotted line where the insanity cease and desist on what ever. Who Evers reading this where Is the opt out button. XXXX, XXXX, XXXX, XXXX the XXXX XXXX Police department for violating all my rights and every last XXXX of my family.. Paid off my mortgage come to find out Its been paided off. I am still paying the insurer for a loan that's been paid off for XXXX years.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 78244
Submitted Via: Web
Date Sent: 2023-03-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: During Covid 19 - entered into a Forebearance as to unsure of income due to being laid off. As you know the options were to pay what you could or not at all. XX/XX/XXXX, I paid {$1000.00} towards our {$2100.00} mortgage payment. I will be honest, I was completely knowledgeable about this process. Once I began to receive additional income I made 6 months of payments in the amount of {$2500.00} to cover the {$1100.00} balance owed for XXXX. XXXX of XXXX, LoanCare advised us that our monthly payment would increase to {$2300.00} which we have made monthly. Never, never have we missed one monthly payment to Loancare. Loancare mismanaged our Forebearance. Have been in contact both via telephone and letters. Just received yet another letter, probably have received XXXX til now. In a convoluted letter they continue to say we have missed payment and each time we make one it goes to the " one we missed '' This is not our first Mortgage, however LoanCare is the only establishment that is harrassing us for no reason. They have ruined our XXXX XXXX as well, reporting a 90 days late. We are in the process of re-locating to NC for work reasons, and with everything they have done to us, we will be looked at negatively with our credit. Our current home will be sold, which I know will resolve the issue however they need to be held accountable and fix our credit. Please help us with this matter, it is a hugh stress that my Husband and myself are dealing with. We will be relocating out of MA due to Husband work and our home will go on the Market XX/XX/XXXX. The negative hits on our credit needs to be cleared up so that we do not have any trouble purchasing again.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 015XX
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage loan was with XXXX XXXX ( act # XXXX ). It was later transferred over to NewRez, although the payments continue to be made to XXXX XXXX. Apparently, XXXX XXXX subservices the loan. Sometime after the XXXX statement, there was some kind of change ( Loan continues to be subservised by XXXX, and continues to be under NewRez. However, aside from the monthly mortgage and escrow payment, they charged a {$1200.00} fee. I called them multiple times asking about this fee, and all they tell me is that it's a processing fee. I have never heard of anything like this. They just decided to tack on {$1200.00} to my mortgage payment which I have not paid, and has been carried over month to month. I have tried looking on the internet to see if anyone has received anything like this, and found nothing. I don't understand how a company can tack on {$1200.00} just because they feel like it. I have never been behind on my payments ( even during XXXX ). I have made all my payments on time. PLEASE HELP!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33027
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I am a victim of predatory lending practices which targeted uninformed minorities seeking homeownership. On XX/XX/XXXX, XXXX wa pressured into aquiring a home equity line of credit before closing the deal on the primary mortgage. At the time I was not informed about mortgages or HELOCs and signed contracts through deceptive sales tactics before given the opportunity to consult with an accountant to determine if I could afford the loan without causing finacial hardship. I was preyed upon due to lack of understanding about loans. terms, and financing. I struggled to keep the second mortgage current and eventually defaulted due to severe finacial hardship. I made the last payment in XX/XX/XXXX to XXXX XXXX. Due to the status of the economy after the mortgage meltdown ( toxic loans ) I enrolled in a home modification program, Hardest Hit Fund Principle Reduction through XXXX XXXX XXXX that forgave partial principle on the first mortgage. I was told that the HELOC qualifed for forgiveness as well and I applied. When I recently attempted to refinance my home the second mortgage appeared as a lien. I was never contacted by any lender in twelve years until I intiated contact to resolve the issue. I was under the impression that the second server, XXXX XXXX had forgiven the loan. I've reached out to XXXX, XXXX XXXX, and Loan Care ( sub server ) and continue to get the runaround.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Nemours of time I have been report this Mortgages thru this portal, again one more time i have to do it since they still not respond the letters that send XXXX. XXXX, this company and FTC have been attached to my email to My loan Care LLC, please see attached docs. you will be found all the problem in detail that this company continued to do, breach of contract, fraud, and they refused to accept payments of the forbearance. I request immediate attention in this matter since they continued sending letters mentioned that they will be fix the error and i will be notified, but is not true. I had reviewed certain acts and practices of LoanCare , LLC and they continue in misrepresentation and fraud.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33837
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Unfortunately this is part 2 of my complaint, the first complaint on XXXX was due to unethical business tactics, lieing to the XXXX program, by claiming I had agreed to a loan modification, which wasn't true. Loancare/Lakeview have yet to reply directly to me in reference to that complain. Instead they decided to retaliate. I was placed back on the forbearence plan, after loancare 's first attempt at foreclosure. I am not due to make a payment until XX/XX/XXXX. Why is that my house is again up for preforclosure with no notice, or warning and only 2 days from now? Retaliation for the first complaint. Is that not illegal? For sure it shows a trend of abusing their position in the financial industry. My sister is XXXX of the XXXX XXXX in the jurisdiction she lives in and I am aware that this doesn't fall under her responsibilities, but I don't have many options and will need help from her contacts. Is that unethical? The last thing I want to do is emulate the behavior of loancare. Incidentally when I went through the modification documents, the modification was over a XXXX dollars MORE than it was before this modification. To summarize Loancare was not happy that I had chosen, the program that would put me up to date on my mortgage, giving me not only peace of mind, but some wiggle room. While loancare thought a modification that increased my monthly payment. It was a no brainer. How was I supposed to respond? Oh sure lets go ahead and keep me struggling to make my payments??? I am devastated over this situation. I'm having nightmares over being alone in the middle of nowhere, with nothing no supplies, no food or shelter. I had no idea that this kind of behavior was even possible from a mortgage company. Had I known that the end game was a financial company that obviously thinks I'm to stupid to understand whats happening. I know their role is to lend money and their bread and butter is interest rates. I never would have believed that this kind of tactic would even be considered, much less be implemented into a companies atmosphere. As for a fair resolution, that has already been taken from me. I have absolutely no trust at all in this company, I do not see them being fare about anything. The only thing I can see is that Loancare thinks they are above the Treasury, the arizona governor and the protection laws that are in place in regard to forclosure and homelessness prevention. Based on this situation, this company will honor nothing, It's an obvious trend in this companies environment and when it gets to be this blatantly prominent theres nothing left.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85207
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A