Date Received: 2023-03-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am begging for someone to help me. I need help desperately with Loan Care. I went through XXXX XXXX and they use Loan Care for their mortgages. This issue has been going on for almost two years and I can not get any help. When I re-mortgaged with XXXX XXXX, I was set up for automatic payments to loan care. The first few payments went through no problem. Then a few months later, I noticed I had a lot of money in my account. I investigated my account and figured out that Loan Care stopped taking out my mortgage payment. I contacted them immediately ( about XXXX of XXXX ). I was told that I had to pay XXXX to catch up before they could take another payment from me. I told her I do not have that kind of money, but could pay a few months. She told me I had to pay the XXXX, first. I then found a company called XXXX XXXX XXXX and spoke worked with XXXX. I was told while they were working on fixing the issues that I would not be reported to the credit bureau ( which they did ). Finally in early fall everything was in place for me to start making my payments. I decided to pay through my bank since the last time they made the error and stopped taking out the money, mind you they never called or emailed me to inform me of the issue. So I made the XXXX and XXXX payment ( XXXX ). In XXXX ( XXXX ) I made another payment. I noticed that the payment was returned. I called my bank and they said that Loan Care put the money back in my account. I called Loan care and was told that I did not need to make payments yet. I told her that I made one in XXXX and XXXX with no problems. Why is there an issue with a XXXX payment. She said to make the payment in XXXX when they start. I did make my XXXX payment and XXXX payment ; they now have reported me again as no payment and charged me fees! I wrote them a letter to try to get my credit report fixed and to get my fees back! It has been almost three months and they keep giving me the run around. Last week I sold my house and the re-mortgage was for XXXX, at closing they took XXXX plus extra from me for all the fees and missed payments. I am very confused how they can keep doing this! I now can not rent a place to live due to the fact they have reported me as not making payments for over a year! I need help to get my credit clean up as well as get my money back for all these missed payments that are NOT my fault. Please help me. I recently read reviews of this company and so many people have issues with them. Please help me so we can stop them for doing this to others. I am at a loss at this point. I am so irritated that companies can do this and get away with it. I have owned XXXX homes and have NEVER missed a mortgage payment. This mess is totally their own doing and not one time have they reached out to try to contact me to let me know there was any issues. Please help me!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 440XX
Submitted Via: Web
Date Sent: 2023-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I applied and was granted a forbearance with XXXX mortgage. During my forebearance period, XXXX sold my loan and the new serviced became LoanCare. The loan was transferred on XX/XX/2023. On XX/XX/2023, I began receiving threatening letters from LoanCare indicating default and delinquency. LoanCare began reporting the loan to the credit bureaus showing delinquent XXXX, XXXX, XXXX. LoanCare has violated RESPA which allows 60 days from XX/XX/2023 before they report to credit bureaus while the transfer docs are received. On XX/XX/2023, I contacted Loancare and informed that I was in forebearance and I had applied for HAP of which I was approved. We have a family of 7 in which my husband is XXXX and I am the only working family member. My 5 children should not have to be harassed and taken advantage of by LoanCare. LoanCare acknowledged the State of Ca had approved the application to help our family through XX/XX/2023 and my next payment would not be due until XX/XX/2023. Even with this knowledge, Loancare charged us late fees extra interest and continues to report the account as delinquent. On XX/XX/2023, XXXX of California sent me a confirmation of funds being transferred to LoanCare to bring my loan current through XX/XX/2023. I contacted Loancare on XX/XX/2023, and LoanCare indicated the State of Ca had not sent the funds. I called several more times between XX/XX/XXXX through XX/XX/XXXX and still Loancare indicated no funds received by the State of Ca program. I knew this was untrue because XXXX State of California verified with me that the funds were sent kn XX/XX/2023. It is now XX/XX/2023 and LoanCare indicates the funds were only just received in XX/XX/2023 and now it will take LoanCare 1-2 weeks to finally apply the funds to bring my loan current. In the mean time, XXXX continues to report the loan as delinquent to the credit bureaus. Loancare continues to violate RESPA rights. They have completely violated my rights as a customer and need to be held to account.
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: 2023-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Loan care llc is my mortgage servicer for my second trust deed. I have been under review for a modification since XX/XX/XXXX. For the last 4 months they have been asking for proof of rental deposits. We have explained in four letters of explanations LOEs, that there are no rental deposits, the business that rents the property pays the mortgage directly to the first trust deed servicing company. We have sent in the letters of explanation since XX/XX/XXXX. Attached you will find the chronology of our correspondence, including evidence of emails and copies of the letters sent. I XXXX XXXX am sole Owner of XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX I do not write myself rental checks. I pay the mortgage directly from my business account. It is noted on the profit and loss of XXXX XXXX XXXX XXXX as a business expense. It is a simple concept that they do not seem to grasp. I have written letters we have explained it to several supervisors who claim they understand then when we call back they again ask us for proof of rental deposits. They have also asked for my XXXX tax return I have not filed yet. However, I have sent in a letter from my accountant stating he can not file because he is waiting on information from the IRS, On every phone call they request proof of rental deposits and we explain every time. There are no deposits but evidence of the mortgage being paid directly to the first trust deed servicer through the business bank statements. It behooves us to understand how they have not either read the explanation or they do not understand such a simple concept. As of the second of XX/XX/XXXX, we have escalated the case 2 times and again on the XXXX of XXXX the 3rd escalation. Finally on the XXXX of XX/XX/XXXX we were told. The business bank statements show expenditures not deposits. ( yes this what the LOE explains ) Since we do not have proof of deposits we are going to foreclose. We dont understand why they cant or dont want to get past the deposits. If there are no deposits, we cant show any. If they need to remove the rent as income, they could do that and not count it as such. But to continue to demand something they have been told several times doesnt exist is nonsensical. And to threaten to foreclose because they dont have proof of something that they dont have to count, or can be explained simply is beyond nonsense. It is hard to believe this is a mere oversight or a misunderstanding when it has been explained several times. I do not want to believe but I have a suspicion that this may be a planned action to foreclose since there is so much equity in my home. If they offer modifications and they agreed to review for the modification. They should accept the application and the supporting documents and review as promised. Not look for an excuse to foreclose. We have attached the chronological time line including evidence of emails sent with the letters and the time and date of the several conversations explaining there are no rental deposits.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 926XX
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX, I wrote a check for my XXXX mortgage payment to XXXX XXXX LoanCare , LLC. The check was dated XX/XX/XXXX. LoanCare has no way to confirm receipt of payment by the mortgagee. Payments are made to a XXXX XXXX XXXX There is no way for someone to track and purchase a signature confirmation of receipt by the XXXX Postal Service. LoanCare holds the mortgagee accountable to make payments, however, we can not hold them accountable to receive and apply payments timely. The payment was not received until XX/XX/XXXX and it was not processed by Loancare until XX/XX/XXXX. The accounts payable office is very unprofessional. This has caused me to have one month in the rear every time I make a payment since this payment did not post to my account. The funds were unavailable when LoanCare attempted to process them. This is completely unacceptable. I should be able to pay my mortgage through a normal process and not have to pay additional funds to have it overnighted to get a signature receipt. That is the only way mortgagees can hold LoanCare accountable for when a payment was received. However, it will not be processed until a month later. I have attached the check statement showing when the check was received. I also have the NSF fee showing when the payment was attempted to be collected but the funds were unavailbale.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2023-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-14
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX Account # XXXX, has violated my right. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for purpose.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 23666
Submitted Via: Web
Date Sent: 2023-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX through XXXX XXXX ( loan # XXXX ) ; requested and was approved for forebearance with XXXX XXXX ( XXXX ) due to covid. At the nearing end of the forebearance with XXXX XXXX we applied for a trial modification. XXXX approved the trial modification to lower monthly mortgage note to {$1600.00}. Trial modification payments were to begin XX/XX/XXXX and we received specific instructions that our loan was being transferred to LoanCare ( # XXXX ) and that our 1st and ongoing modification payments were to be sent to Loan Care. Received notice of approval of trial modification AND service transfer in same notice XX/XX/XXXX. We tried to send the payment per instructions to Loan Care and every trial modification payment was rejected and returned since XXXX. We have contacted them multiple times trying to resolve this issue. We have since divorced BUT have worked together on conference calls and speaking to attorneys to resolve this matter. We have provided loan care with documents from XXXX XXXX showing the transfer and modification, the authorize user ( XXXX ) for the account for the life of the loan, judgments and multiple emails, calls, and complaints to still not have a resolution. Loancare has pulled XXXX 's credit without her permission ( XX/XX/XXXX ), the website shows they received all documents they need and it's in underwriting but yet when we call to get updates we get : " we are missing a few documents, or it's in underwriting ( XX/XX/XXXX and should take 30 days ) and XX/XX/XXXX and should be finalized in 30 days. My question, concern or comment here is -- -Why wasn't the trial modification honored from the previous servicer ( XXXX XXXX ) based on the Fair Consumers Act or the Truth in Lending Act. We have been harassed by notes being left on our door, unnamed, unidentified persons taking pictures of our home and handing us a note to contact LoanCare, Foreclosure notices from Attorneys, extra fees and etc added to current loan, Credit Reporting that gets removed and later put on and removed again, calls to our mobile devices stating " this is an attempt to collect a debt '' all as if we were irresponsible adults that failed to pay our mortgage and that wasn't the case. We faced a hardship and asked for help with previous lender they granted us help only for the help to be rejected by current lender LoanCare
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: LA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-14
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: In XXXX I my mortgage was approved for forbearance. At the time my XXXX payment had not been paid. I was told over the phone by an employee of LoanCare that once I submit my XXXX payment that my account would be current and would no longer report PAST DUE. On XXXX XXXX I made my mortgage payment which I then believed brought my account to current as I was previously told. My loan was in forbearance from XXXX. This company reported my loan as past due for every month my loan was in forbearance even after me bringing it current. I have reached out to them countless times and they still have no resolution for me. The last letter I sent out was XX/XX/XXXX. This is affecting my life in a negative way. This is inaccurate information.According to the Fair Credit Reporting Act, Section 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) of the FCRA- you are required to promptly report the credit obligation or account as current if the furnisher makes an accommodation ; such accommodations defined as " an agreement to defer 1 or more payments or forbear any delinquent amounts. With that being said I demand all late payments reporting from XXXX XXXX this account to paid as agreed, never late and the account report as current.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33023
Submitted Via: Web
Date Sent: 2023-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-14
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In approximately the XX/XX/XXXX, I went through a divorce. I reached out to LoanCare and worked out a plan with them to get me back on track. At this point I was approximately 3 months behind on my mortgage. The issue was resolved. Ever since then, they have continued to report on my credit that I have been late approximately 32 times. All between XXXX. This is preventing me from being able to sell my home and move, as well as negatively affecting my credit. I can provide statements from my bank account showing my payments have been on time with the exception of 2-3 that were approximately 5 days late. This is something I have been told several times would be resolved on their end but has not been. According to the payment history on their portal, they did not apply many of the payments I made until MONTHS later. In some cases, the dates on their end dont even make sense. Such as XX/XX/XXXX. Please note, when I tried to attach the statements it will not open the pop up. Probably something on my end. I would be happy to provide all of that if you send me an email.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77379
Submitted Via: Web
Date Sent: 2023-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am trying to get the PMI on my mortgage removed. Loancare is not allowing me to speak with anyone associated with the PMI department at my lender, XXXX XXXX. I want to remove a deduction on my mortgage of XXXX Mortgage XXXX ( PMI ). My home has increased in value from {$150000.00} to {$200000.00}. This is information I have gotten from local real estate agents. I have to pay for a new appraisal to get PMI removed. The bank will not allow me to talk to the PMI department so I can ask some questions before I invest in a new appraisel for {$350.00}. An " out of area '' appraisal will not know that locally, a home at this price is sought after and has actually risen to {$200000.00} and higher, qualifying my home to stop PMI. I am XXXX XXXX XXXX, living on social security, and the extra {$45.00} is hard on our budget. I want to know why I can not talk to PMI department at my lender. Here is my information : Loan # XXXX, Phone : XXXX
Company Response:
State: NC
Zip: 28786
Submitted Via: Web
Date Sent: 2023-03-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Since XX/XX/2023 I have been trying to obtain a pay off letter. I have been told by at least 12 reps that this is being escalated due to my type of loan. Arizona state law provides a maximum of 10 days for receipt of this letter. Currently it is XX/XX/2023 and I have still not yet received this letter. I am again being told its escalated and there is no end date for confirmation. I have missed two close dates on my home with the seller due to this and am about to miss a third. They are now threatening to sue me for missing close of sale.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85302
Submitted Via: Web
Date Sent: 2023-03-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A