Date Received: 2023-03-27
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I am filing a complaint against LoanCare regarding an account that has been under dispute since XX/XX/XXXX. I have sent indirect disputes to the credit bureaus and a direct dispute to the creditor. Unfortunately, I have not received any response from LoanCare. I have attempted to dispute the account three times, with the most recent attempt being on XX/XX/XXXX. Each time, I did not receive a response. My dispute pertains to an inaccurate 30-day late payment that was reported in XX/XX/XXXX and XX/XX/XXXX. I had previously spoken with a LoanCare representative about an overpayment issue on this account. The representative confirmed that my account would be taken out of auto-pay to apply the excess payments and would automatically resume afterwards. However, due to an apparent error by LoanCare, the XX/XX/XXXX and XX/XX/XXXX payments were reported as 30 days late. I strongly believe that this was a mistake made by LoanCare and that these errors are negatively affecting my ability to qualify for new lines of credit.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33178
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX mortgage sold our loan to LoanCare ( XXXX ) on XX/XX/XXXX. We applied and were approved for HAF of {$16000.00}. Loancare received the funds but waited weeks before allocating the funds. Eventually, Loancare applied HAF funds of {$16000.00}. However, instead of our balance being decreased to reflect the payment, the new balance went from {$470000.00} what {$470000.00}. Additionally, under RESPA, LoanCare was not allowed to report the account to credit bureaus for 60 days during the transfer. Our loan was transferred on XX/XX/XXXX and LoanCare reported delinquency of 90 days on XX/XX/XXXX. LoanCare reports the account as having been opened on XX/XX/XXXX ; however, they were NOT our loan servicer until XX/XX/XXXX ; the credit bureaus reflects that LoanCare opened the loan on XX/XX/XXXX ; whereas, they have restarted the loan. LoanCare violated and reported the account to credit bureaus before 60 days. As a result, they reported the account delinquent for 90 days during XXXX, XXXX and XXXX and charged late fees whilst they held the HAF funds. Additionally, XXXX mortgage transferred our loan with an ending SURPLUS ESCROW and LoanCare never refunded. We never requested to refinance. We never requested to be transferred. We were in forebeafance during the transfer period and LoanCare is attempting to profit on government funds.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95648
Submitted Via: Web
Date Sent: 2023-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: See attached file, below, with images of mortgage company letters / documentation redacted/ removed for privacy reasons, since they contained my address. Any additional questions, feel free to reach out.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CO
Zip: 80403
Submitted Via: Web
Date Sent: 2023-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have a loan that is serviced by Loancare. During the Pandemic, I took advantage of the forbearance program. Once the timeframe was over, I contacted them and chose to refinance my loan. Loancare sent over the offer, I signed and notarized it and returned it. The interest rate was 3.125 % however here is what ended up happening I return my modification on XXXX I called to start my payment in XX/XX/XXXX, however I was told to wait. And wait and wait. Eventually I was told they never received my paperwork. However, it was processed and filed with XXXX XXXX on XXXX. It was even put into my file on XXXX. So every time Loancare claimed that the paperwork was never received and filed... they lied. XXXX XXXX informed me that Loancare had told a subcontractor to destroy the documents. XXXX New loan modification was generated - but failed to be sent out XXXX XXXX New loan modification was generated - but failed to be sent out XXXX New loan modification was generated - but failed to be sent out XXXX New loan modification was generated - but failed to be sent out XXXX New loan modification was generated - but failed to be sent out XXXX New loan modification generated. 5.75 % I received it in XXXX, returned it signed and notarized with an XX/XX/XXXX payment. According to XXXX XXXX ( supervisor in Loss Mitigation ) Loancare destroyed my signed documents. XXXX Loancare filed default on my house - first step of foreclosure. XXXX Loancare sent out another loan modification this time the interest rate was around 7 %. XXXX I was sent a document showing that my original loan modification from XX/XX/XXXX was not only received by Loancare, but signed by the mortgage company, and filed with the county courts. I was then told that I was never supposed to receive those documents ( even though it proved Loancare lied ). An employee XXXX attempted to have me agree to remove the loan documents from the county to which I refused. This is when I was transferred to XXXX. XXXX XXXX verified that Loancare only attempted to call me twice during this timeframe, with one of the phone calls being an immediate hang up. Loancare held me in a suspended status for foreclosure and refused to file a rescission for over four months. During this time, the housing market changed, and I was prohibited from applying for any kind of loan or relief. I couldnt sell my house or attempt to buy a car. Loancare erroneously reported me in default and with missing payments for 3 years. This is during the covid relief period. XX/XX/XXXX - XXXX XXXX XXXX of the Office of the Customer finally sent me an email stating that Loancare would be removing the foreclosure proceedings with the county. MONTHS after they knew about it. It took even longer to fix my credit. It was the verified by XXXX XXXX that I was to receive a 30 day advance written notice before payments were to resume. I needed to have time to review all the documents. HOWEVER, I received the completed packet on XXXX ... With a payment date of XXXX. And now Loancare is ghosting me completely. XXXX XXXX - Office of the customer has ignored every call and never returned the 8 or so message I have left to discuss this. I have been told that Supervisors would be calling me, and I have yet to receive a call to resolve this. Every phone call is " recorded for quality assurance purposes '' but now they are refusing to allow me to record their calls even though Loancare already established that the calls were recorded. This is being done because if I didn't push back, they would own my house at a cheaper rate, when the value doubled. And the interest rates doubled. **Here is a list of their violations : Real Estate Settlement Procedure Act - Continuity of Contact CFPB requires a notice of default to be sent. Loancare never sent one CFR 1024.35 ( i ) no error-recording 1024.38 Reasonable Policies and Procedure Accurate information 1024.40 ( b ) ensure assigned personnel can perform certain functions and give accurate information 1024.41 ( b ) Services must exercise reasonable diligence in obtaining documents and information. 1024.41 ( f ) prohibition on foreclosure referral unless the borrower rejects all offered loss mitigation 1024.41 ( f ) ( 3 ) - procedural safeguards records retentions call logs, servicing notes, other systems of records cataloging communications Breach of contract Negligent misrepresentation Statutory Fraud of a loan transaction Tortious interference with a contract Intentional infliction of emotional damage Wrongful Foreclosure / Duel Tracking Unfair, deceptive, or abusive acts or practices " Attempted to destroy hide misrepresent and eventually remove the signed and notarized loan modification that was filed with the court. Improper credit reporting Not providing billing information in writing 30 days to resolve the issue ( over 6 months ) Special note. Loancare is held to a higher standard as a loan servicer. They can be held for these damages. Weimer V. Nationstar Mortgage " Special relationship is that the plaintiff was an intended beneficiary of a particular transaction but was harmed by the defendants negligence to carry it out. '' Loancare never sent me a 30 day written notice before my loan modification situation was finally resolved. They sent a packet dated XX/XX/XXXX, which I received XX/XX/XXXX which indicated a XX/XX/XXXX payment. I immediately called for clarification and for confirmation that I was either not getting a 30 days notice, or if Loancare was going to write off the XXXX payment. I have been strung along without a call back for 2 months. I also faxed over a request for the recording of the calls made between myself and Loancare during the timeframe of XXXX through XXXX to which they never responded, nor provided. I was denied the information was to what I was allowed to request by XXXX XXXX on XXXX and XXXX XXXX on XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95820
Submitted Via: Web
Date Sent: 2023-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-22
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have been attempting to have my issue resolved with Loan-care since XXXX XXXX XXXX They have been extremely difficult to work with and lie about investigating and fixing the issues with my mortgage account. i have called numerous times just about 30 or more attempts explaining where they have my information mixed and yet they still continue to report that i am passed due 2 months. I was originally set to come out of my forbearance in XX/XX/2022 i payed that month like i was told to do so. Due to some issues with underwriting and at no fault of mine Loan-care then gave me a new date for me to come out forbearance and that was XX/XX/2022 and again i paid that month as instructed. In XXXX i called to make my monthly payment and was informed by the representative that XXXX was already covered due to my payment in XX/XX/2022. He informed me that i did not have to make a payment at that time and the next due date was XX/XX/2022. From XX/XX/2022 to now i have paid my mortgage every single month and have even submitted my bank statements to loan-care. They continue to harass me with phone calls twice a day and have even sent Foreclosure documents to my home. Now they have ruined my Credit Score with the false reporting i am behind {$3000.00} dollars or two months delinquent. When i call There is not 1 representative that can resolve my problem even though they see where the mix up is. I have not received any help and they continuously try to harass me for the 2 months they are stating i missed. My life has been in shambles because of this i cant apply for credit lines to help my business or my personal life overall my credit and its reputation have been ruined i had 100 % on time payments my whole life beginning in XXXX. I speak with Loan Care every single month atleast 2-3 times have done so since XX/XX/2022 and no one has helped me. I have spoken with Loss mitigation and Supervisors countless times and yet they still havent resolved my issue. I am not behind on my mortgage and i work hard in order to pay it every month. I even contacted XXXX XXXX XXXX XXXXl and signed up for someone to help me. They contacted loan care and was giving the same run around they have given me for months. Please help me get my credit back in its good standing and for loancare to finally resolve this issue
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 231XX
Submitted Via: Web
Date Sent: 2023-03-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: During XXXX of XXXX I had a financial hardship due to the covid-19 pandemic I reached out to my mortgage service Loan Care and they placed me on forbearance doing that time I was not required to make payments. I applied for the North Carolina Homeowner 's Assistance Fund ( NCHAF ) and was approved on XXXX the XXXX XXXX in the amount of reinstatement for {$9300.00} and 3 months going forward for the month of XX/XX/XXXX, in the amount of {$460.00} XX/XX/XXXX, in the amount of {$430.00} and for XX/XX/XXXX, in the amount of {$460.00} giving a total amount of assistance received {$10000.00}. the payment was submitted to my servicer lawn care However, it was not posted correctly. I've been in contact with Loan Care in reference to the discrepancy in posting. Loan Care had not addressed the issue as of XX/XX/XXXX. Loan Care does not apply payments made on my account, however the send notices of nonpayment while the payments made are in an unapplied funds account. I request that Loan Care provides a monthly mortgage statement via mail and the has not happened yet.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 27260
Submitted Via: Web
Date Sent: 2023-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: I claimed XXXX XXXX bankruptcy in XX/XX/XXXX. I excluded my mortgage and continued to pay on my mortgage which XXXX current with through todays date XX/XX/XXXX. The mortgage company is failing to report my current payments to the credit bureaus and have not reported any payments since XX/XX/XXXX. They claim that my bankruptcy attorney never filed a reinstatement agreement and therefore its the lawyers fault. Regardless I have been making timely payments for the last two years and its not fair that my family is being harmed when current payments are being made. They should be reported to the credit bureaus so my credit reflects my mortgage. They send me mortgage statements every month and I pay on time. Theres no reason its going unreported. My fico score can not go up because my mortgage is not reflected even though Im current on all payments. Please help!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 17110
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: LoanCare ( XXXX ) received transfer of loan in XXXX. The loan was transferred with a surplus of {$980.00} escrow. Loancare has not advised of how the escrow surplus was allocated. State of California HAP program sent funds to cover XX/XX/XXXX through XX/XX/XXXX mortgage payments. The funds were sent over 3 weeks ago. State of California has reached out to me requesting LoanCare provide confirmation that funds have been applied. However, LoanCare continues to report me as delinquent ( violation of RESPA 60 day reporting rule ) and has not applied the funds to bring my acocunt current. I have made 50 plus calls and emails to LoanCare requesting they provide confirmation as to how HAD funds have been allocated. All my requests are given the response of loncare needs more time to apply. Meanwhile, Loan care shows me as 90 days delinquent on my loan in which I have already requested and received help to bring current. My concern now is that LoanCare reported me as late and although they received HAF funding, they are not applying to my acocunt in a timely manner. I now have late fees imposed by them, am being reported late by them while the State sent them funds to bring me current weeks ago.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95648
Submitted Via: Web
Date Sent: 2023-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Good morning, Department of Economic Opportunity of Florida ( DEO ) approved me for mortgage assistance starting on XX/XX/2022. However, since my approval date my mortgage company LoanCare has not received any payments. DEO has assured me they have sent out over {$4000.00} in payments but LoanCare claims to have not gotten anything. I am very concerned since LoanCare is threatening me with foreclosure but I am under the impression these checks are going somewhere and I know for certain they are going to the correct address that LoanCare told me to use. Also DEO has had this situation under investigation but I still have not gotten a response. I was approved for 6 months so this XXXX would be the last month. I would appreciate any help regarding this situation. Thank you!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33068
Submitted Via: Web
Date Sent: 2023-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/2022, I submitted my, full, mortgage payment via the loan servicer 's client portal ( LoanCare ). On XX/XX/2022, I received an email stating my mortgage payment submitted on XX/XX/2022, was reversed. I called my loan servicer to see why my payment was reversed. The representative could not tell why my payment was reversed and advised me to contact my bank to see if there was an issue on their end. I called my bank and spoke to a representative that verified the funds were available for payment, however, there was no record of request from my loan servicer for my mortgage payment. I then called my mortgage servicer and verified my banking information on file with a customer service rep. My banking information was correct, and I resubmitted the payment again on XX/XX/2022, using my same banking account via the loan servicers website. I received another notification on XX/XX/2022, requesting a return call to my loan servicer. I called and spoke with a customer service rep and was told my payment was reversed for the second time for XX/XX/2022. I again verified my banking account information with the customer service representative from my mortgage servicer. I then submitted my payment via the live customer service representative and gave permission to debit my mortgage payment from my banking account and my payment was submitted. I received a third notification that my mortgage payment was yet again reversed. Now my mortgage payment is 30 days late, has disqualified me from completing the loan assumption process, reported late to all three CRAs, and lowered my credit score. I spoke with a manager for my lender and was advised to mail in a cashier 's check for XXXX and XXXX 's payment, give the payment time to process and submit a dispute to the mortgage servicer 's payment research department to dispute the 30 day late payment. I did exactly as I was instructed, and I got a cashier 's check the same banking account I used to submit the previous three payments. However, the mortgage servicer would not fix the late payment issue. The manager even waived the late fee because I sent documentation from my bank showing the entire amount of my mortgage payment was in the account since XX/XX/2022, and there was no changes/activity in the banking information in the month of XXXX. I believe this is unfair reporting. I submitted my payment three times and did everything possible to ensure my mortgage payment was not late. But due to their system error my mortgage payment was flagged as 30 days late for the first time since I opened this loan.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30039
Submitted Via: Web
Date Sent: 2023-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A