Date Received: 2022-10-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Loan # XXXX On XX/XX/2022 I submitted an application for mortgage assistance. We recently fell behind on loan payments due to medical for a baby that is due soon and this resulted in us missing payments. I have never received any phone calls or communication from my loan advocates. I submitted all required documentation to LoanCare within two days. They received the bank statements on XX/XX/2022. I received a letter on XX/XX/2022 asking for documentation on income. I submitted the requested information that same day. I have tried multiple times to get a response from LoanCare. I have requested my escrow statement to weigh my options and yet have I received that document. I am in California and the deadlines are approaching for the relief. LoanCare stated today the only recourse is a loan modification with a substantial rate increase. LoanCare is impeding my way to restoring my home loan and home retention options. They have continued to hang up, ghost, and ignore my requests. I have asked to do a partial claim several times. LoanCare stated that they closed that program on XX/XX/2022. They stated that they will not open any other options for my situation. This is odd that they are making these decisions without completing the packet. To my knowledge the VA partial claim is open until XX/XX/2022. I believe LoanCare is attempting to put veterans through modifications rather than partial claims due to the amount of interest accumulated over the life of the loan. LoanCare needs to adhere to all laws and regulations of VA home loans. XXXX # XXXX wouldnt let me speak to supervisor. He also refused to transfer to any supervisor or resolutions. He also stated that me making this complaint is going to far. XXXX # XXXX of resolutions is very rude and condescending.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 960XX
Submitted Via: Web
Date Sent: 2022-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-25
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Something is very strange. We bought the house for {$140000.00} and took a mortgage out for that much and we have been paying for 4 years now, and the balance has only gone down {$1000.00}. Something seems wrong. Also, it is not clear whether or not they added {$7500.00} that Michigan for down payment assistance into the loan.
Company Response:
State: MI
Zip: 48237
Submitted Via: Web
Date Sent: 2022-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX I calXXXX XXXX XXXX/Loancare and take them up on their offer to get forbearance. I understand this to mean that since my ability to make payments has been negatively impacted by the Covid-19 pandemic. Although my loan was current at the time, it is a temporary pause of my mortgage payments. I can put these monthly payments on the back end of my mortgage or restructure the loan at a later time to assist with my loss of income directly related to Covid. XXXX XXXX I skipped these 6 payments because I was in the Covid-19 forbearance plan. XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX. It lists the last 6 months as being delinquent. XXXX XXXX XXXX I call XXXX XXXX asking why it states on my statement that I am delinquent since I was approved for the forbearance. They said pay no attention to that. I told them that I was VERY uncomfortable with that and I was worried it would affect my credit rating. They reassured me not to worry and no notices were being sent to the credit agencies because I was in forbearance. XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX. It also added a late fee of XXXX which I dont understand. XXXX XXXX XXXX Loancare sent me statement confirming I am in the Forbearance with them and action is required because the program is about to expire. It lists 5 options for me. Reinstatement, repayment, loan modification, deferment, or request an extension on your existing extension. I called during this month and was granted an 4 month extension. I also addressed the late fee of XXXX and it was waived. Proof of that showed up on the next statement. XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX Sales were starting to pick up so I made a payment thru my XXXX billpay to them for XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX Skipped these 8 payments because I was still in the forbearance plan. XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX Loancare sent 3 letters dated XXXX XXXX XXXX XXXX saying that my forbearance plan was ending at the end of XXXX. It explained I had 5 options and needed to make a choice before the end of the month. I called and stated my income was getting better and I anticipated getting to the point where I start making payments again in 4 months, (120 days).Before the end of XXXX XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX My income was starting to come back some more. I thought I could resume making monthly mortgage payments. So I called XXXX XXXXLoancare to see about resuming monthly payments. They said I could. They told me about a Flex Modification Loan. The stated they would take me off the forbearance plan. At this point there was 14 monthly payments that needed to be made up. Approximately XXXX. All I had to do now was make the next 3 payments of XXXX on time as proof I could do it and I would be back on monthly payments again. I said I would do that! This is where everything seems to start going wrong XXXX XXXX XXXX Letter arrived from Loancare dated XXXX describing the details of the Flex modification trial period plan. Sounded great. So I called Loancare to let them know. Then I set up the next 3 payments in my XXXX billpay account to make sure they would arrive on timeXXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX On the statement under the Recent Account History column it lists the last 6 months payments as not being made with nothing describing the forbearance program. It also says, You must pay XXXX to bring your loan current. I called loancare and they said dont worry about it. XXXX XXXX XXXX I went on the website myloancare.com and checked on my loan. It stated that my loan modification was still pending because they had not received a response by me. Uggghhh! So I called. They stated since I had filled it out and returned it just must not be in the system. XXXX XXXX XXXX XXXX XXXX via XXXX billpay on time. 1st of 3 initial payments. XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX It also noted that it had received and applied my XXXX XXXX payment of $XXXX XXXX XXXX XXXX XXXX via XXXX billpay on time. 2nd of 3 initial payments. XXXX XXXX XXXX XXXX Monthly statement dated XXXX. It noted that it had received and applied my XXXX XXXX payment of XXXX. It also states that they charged me XXXX for an attorney cost? XXXX XXXX XXXX Paid XXXX via XXXX billpay on time. Last of 3 initial payments. XXXX XXXX XXXX XXXX Monthly statement dated XXXX. It noted that it had received and applied my XXXX XXXX payment of XXXX. It also states that they waived the XXXX attorney fee? XXXX XXXX Received a letter from Loancare stating that this is a formal notice by Loancare, LLC, the Servicer of my loan, on behalf of XXXX XXXX XXXX XXXX that I am in default under the terms of documents creating and securing my loan. That I had to pay the full amount of default in the next 5 weeks. XXXX They listed the mortgage payments from XXXX XXXX XXXX as proof! Nowhere did it say anything about the Covid Forbearance program or the Flex modification program that I was already 3 months into! XXXX XXXX XXXX I called Loancare again because I was livid! It made no sense! They explained it must be a mistake because it clearly shows I am in the Flex modification program. They said not to worry they would make a note in my file. I exclaimed that I keep calling them and its as though their company doesnt know whats going on! I asked what my new payments are and he said I just needed to continue making payments on time of the same amounXXXX XXXX XXXX XXXX Paid XXXX to Loancare via XXXX bill pay. XXXX XXXX XXXX XXXX Monthly statement dated XXXX Total amount due is XXXX XXXX XXXX XXXX Paid XXXX to Loancare via XXXX bill pay. XXXX XXXX XXXX Loancare returned my XXXX. payment via XXXX billpay. At the time I didnt realize it XXXX XXXX XXXX Loancare returned my XXXX payment via XXXX billpay. At the time I didnt realize it XXXX XXXX XXXX XXXX Monthly statement dated XXXX Total amount due is XXXX It also charges me for an inspection fee of XXXX XXXX XXXX and XXXX (XXXX plus a late charge assessed of XXXX total of XXXX XXXX XXXX XXXX Paid XXXX to Loancare via XXXX bill pay XXXX XXXX XXXX Loancare returned my XXXX payment via XXXX billpay. At the time I didnt realize it XXXX XXXX XXXX Paid XXXX via XXXX bill pay XXXX XXXX XXXX Loancare returned my XXXX payment via XXXX billpay. At the time I didnt realize iXXXX XXXX XXXX XXXX I noticed that I had an additional XXXX in my checking account. After looking into it, I noticed that the last 4 Loancare monthly mortgage checks were returned back into my XXXX XXXXccount! I am fit to be tied! I called Loancare and they stated I had to make up the payments or it would go into foreclosure! Even though they dont know why they keep sending back my monthly payments! They instructed me to pay XXXX right now and continue to make payments XXXX thereafter. I paid the XXXX while on the phone. XXXX XXXX XXXX Received in the mail from Loancare a letter dated XXXX XXXX XXXX stating that they were are concerned about your recently missed payment. Our records indicate that you have missed 18 mortgage payments and my account is 529 days past due. Uggghhh! I am assuming they meant the 14 monthly payments during the forbearance and the 4 payments they sent back to me. This was one day before I talked to them on the phone on the XXXX XXXX XXXX and paid XXXX XXXX XXXX XXXX Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX stating under recent account history that no payments made in the last 6 months (incorrect). Plus they were charging me an additional XXXX for an inspection fee(?) and that I must pay XXXX XXXX to bring my loan current. XXXX XXXX XXXX Paid XXXX via XXXX bill pay as instructed 3 weeks previous. XXXX XXXX Loancare returned my XXXX payment of XXXX via XXXX billpay XXXX XXXX XXXX Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX stating that I Recent Account history shows no payments in the last 6 months? Total amount due is XXXX XXXX XXXX XXXX XXXX XXXX via XXXX bill pay XXXX XXXX XXXX Loancare returned my May payment of XXXX XXXX XXXX billpay. XXXX XXXX XXXX Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX As usual it is showing that I have not made any payments? And that I must pay XXXX to bring my loan current. XXXX XXXX XXXX Also, received a letter from Loancare stating that Our records indicate that we have not received your mortgage payment. This letter serves to notify you additional late charges blah, blah. Ugghh! JXXXX XXXX XXXX XXXX XXXX via XXXX bill pay XXXX XXXX XXXX Loancare returned my XXXX payment of XXXX XXXX XXXX billpay. XXXX XXXX XXXX Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX stating that I had not paid the last six months, (incorrect). Plus they were charging me an additional XXXX for attorney fees and another XXXX for an inspection fee(?) and that I must pay XXXX to bring my loan current. XXXX XXXX I dont know the exact dates because I didnt make notes. However, I did call a few times during this timeframe and would receive different answers on what to do. Each time I would be placed on hold. After being on hold for a long time, they would say things like, We dont completely understand. I dont know why your checks keep coming back, etc..). Some said it was because of a title issue? I informed them that I had someone look into my county public records and nothing new was attached to my title since XXXX XXXX had taken control of my mortgage in XXXX XXXX XXXX. But they kept saying that I would receive a package in the mail, to watch for it, AND someone would call me back. It never happened. XXXX XXXX XXXX My wife and I took a huge hit on our credit rating because of late payments reported by Loancare. I call again! I get the same run around answers. Ill make a note, I dont understand, someone will call, etc.. JXXXX XXXX XXXX XXXX XXXX via XXXX bill pay XXXX XXXX XXXX Loancare returned my XXXX payment of XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX assigns my mortgage to Loancare, LLC. XXXX XXXX XXXX I FINALLY get a letter from Loancare titled, Results of your Dispute Investigation. It basically says, (incorrectly) they completed an investigation and determined that the information reported was accurate. UGGHH! XXXX XXXX Approximate date. I called and spoke to someone who told me to stop paying my monthly payments. I would receive a loan modification package in the mail, bah blah,, XXXX XXXX XXXX I am starting to take notes. Nothing about this is making sense to me. My XXXX for my wife and I are through the roof! We dont understand why no one can seem to help us and whenever we talk to someone on the phone, their information does not match up to what other people have told us, nor does any of this information match the monthly statements. I call once again and speak to anyone who can help me. After a long time of reviewing notes pertaining to my mortgage this lady says the only way we can stop the impending foreclosure is to send them the full amount owed. Something like XXXX I still dont understand. I offered to pay the amount of the money they keep sending back to me because I still have that in the bank. But I dont have the amount that was covered in the Covid forebearance program. At one point she says, the minimum they might accept to stop the foreclosure would be around XXXX I start to making out the payment in my XXXX XXXX XXXX bill pay to send in 2 weeks while I am on the phone with her. We cant come to an agreement on anything and I am completely frustrated because she cant answer why they sent the money back or why they are foreclosing on me. At the end of the call, I plead with her to speak to someone who can actually help me. She transferred me to someone higher up than her. XXXX, the Team Leader in Loss Mitigation. Again after a long time of reviewing notes pertaining to my mortgage, He seems like he is sympathetic to my plight but tells me the same thing I keep hearing. Such as, stop making payments, a new loan modification package is being sent to you, etc he seems to think we can get a loan modification. Something similar to the one we did in XXXX XXXX and XXXX of last year with no money down. This sounds reasonable! He ends our conversation saying that if I dont hear back from him or receive a package, call him back and ask for XXXX the Loss Mitigation Team Leader. XXXX XXXX XXXX Since I had not had a phone call from XXXX or a new payment plan package in the mail, I paid my XXXX monthly payment of XXXX via XXXX bill pay. Just in case XXXX XXXX XXXX Now I call back asking for XXXX. I get XXXX She tries to transfer me but he is in a meeting. She puts me on hold and, you guessed it, after a long time of reviewing notes pertaining to my mortgage, she comes back and very sympathetically is trying to help me. However, she doesnt understand why their company is not accepting my payments or why I am being foreclosed on. She will try to get a new flex modification loan, send me a package, and try and suspend the looming foreclosure. She says she will personally look into it. XXXX XXXX XXXX Official Foreclosure Papers are served to me personally. Interesting to note is document D as proof of nonpayment lists XXXX XXXX XXXX, (14 months) of the time I was in the forbearance program. Then lists XXXX XXXX and XXXX of XXXX as not paid. Those were the first 3 months of my Flex modification program which I sent and they received on time! Dates Loancare received: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX1. See previous entries XXXX XXXX and XXXX XXXX XXXX. Doesnt make sense! Ugghh! XXXX XXXX XXXX Received a letter from Loancare stating,Were following up on an online payment we recently received from you. We wanted to let you know that we are returning your payment to the originating online bill payer service because your loan is paid in full. If you havent already, be sure to turn off any automatic payments, etc.. This doesnt make ANY sense! XXXX XXXX XXXX Call Loancare again. SurprisinglyXXXX XXXX answers. She tells me not to worry, that my loan is currently in underwriting of Loss Mitigation. If approved, the foreclosure will be suspended. That would be great. All because someone in your company cant figure out what went wrong, how to fix it, and how to undo all the wrong things that have been done unjustly to me and my family. Other than the 14 month forbearance,(approved by Loancare), I have made every monthly payment. Why are they doing this to us? XXXX XXXX XXXX Loancare returned my XXXX payment of XXXX via XXXX billpay. No surprise XXXX XXXX XXXX XXXX billpay Payment to Loancare to stop the foreclosure of XXXX that was scheduled 2 weeks prior,(see XXXX XXXX note). I did NOT realize that it was sent. I thought I had started to fill it in, but did not finish it because I came to an agreement with XXXX when I was still on the phone with them on XXXX XXXX XXXX XXXX XXXX Contacted attorney to file a written response to the foreclosure summons served to me on XXXX XXXX at XXXX I have 20 calendar days to file the response, (XXXX XXXX by XXXX). SXXXX XXXX XXXX Since no one has EVER called me, I call Loancare. I have asked to speak to XXXX or XXXX Neither one can be located. XXXX says that my foreclosure has been suspended as of yesterday. I told her thanks but I am going to have to proceed as if it is not true since this company has misled me many times before. However, I would really appreciate it if XXXX, Team Leader would call me back as soon as possible! A couple hours later, XXXX the Loss Mitigation Team leader calls me back. This is the first and only time an actual human has called me back! He also confirms that that my foreclosure has been suspended. I told him I wont believe it until I get something in writing. He states he cant do that. I told him I was served the foreclosure summons on XXXX XXXX at XXXX. I have 20 calendar days to file the response, (XXXX XXXX by XXXX). I needed to have an attorney type a letter to be filed in response. I ask what it should say. He says, The mortgage company has informed me that on XXXX XXXX the foreclosure has been suspended and is currently in loss mitigation to work on a loan modification for me now. He also said that he has a form to email me. It would be very helpful for me to fill out and send back to their company to help with the title search. I said I would. I also said I wanted him to understand what I have gone through this last year and I wanted to send him this Chain of Events. All I have wanted is someone to hear me, understand what I have gone through, and try to do the right thing and help me through it. XXXX XXXX XXXX Went down to the Clerk of the Circuit Court, XXXX XXXX, FL to file a letter (at XXXX) responding to the foreclosure summons I received on XXXX XXXX at XXXX XXXX. Stating that, I spoke to XXXX, (Loancare, LLC) Leader of Loss Mitigation, on XXXX XXXX. He verbally told me that this foreclosure was suspended the day before on XXXX XXXX XXXX and was currently in Loss Mitigation, and the mortgage company was working on a loan modification for me. I asked for a written verification and he refused to give one to me, and said his word should be sufficient. Therefore, I am writing this response to cover my bases and asking for an extension of time to confer with an attorney regarding what my options are, and what I should do. I have complied with all the terms of my mortgage contract and have paid all monthly payments on time with preservation of payments made. XXXX XXXX XXXX Received a Flex Modification Trial Period Plan Solicitation Offer in the mail. It was dated XXXX XXXX XXXX. This is VERY similar to the one sent to me dated XXXX XXXX XXXX. All I have to do is pay XXXX in XXXX XXXX and XXXX But now I have to make the payments to XXXX XXXX mortgage. XXXX XXXX XXXX I emailed to Loancare, attention XXXX in Loss Mitigation, the Statement of information, they requested. XXXX XXXX XXXX The payment I started to make out to Loancare for XXXX (as described in earlier dated entry of AXXXX XXXX XXXX) went through to Loancare. This is a huge mistake! I was SO flustered on the phone while I was talking on the lady on the phone, I didnt realize I had completely sent it. I thought, well, they send most of my XXXX billpays back anyway. XXXX XXXX XXXX XXXX called Loancare, spoke to XXXX, to let them know I accepted the terms of the Flex Modification Plan and my first 3 payments will be on time. XXXX XXXX XXXX My 1st of 3 trial payments towards the Flex Modification Program is paid to new residential for XXXX via XXXX billpay. XXXX XXXX XXXX I call and spoke to XXXX? I told her that the XXXX they just received on XXXX XXXX was a huge mistake I made. She confirms I am in a new loan modification plan and my foreclosure is suspended. She informs me that I had incurred 3 attorney charges this last month totaling XXXX. They would keep that amount and they would send me a refund check for the rest. Which was XXXX. While I was steaming mad that I had to incur more charges I shouldnt have to, I relented and said fine. XXXX XXXX I look in my mail and see a letter from Circuit Court in XXXX XXXX giving me a Uniform Order of Referral to Foreclosure Mediation. This is driving me crazy! Now I have to hire an attorney again XXXX XXXX XXXX I call Loancare Loss mitigation, and get XXXX I politely ask for Team Leader XXXX. She tries unsuccessfully. I tell her briefly my 2 challenges. I havent received my refund I was promised and why is the foreclosure still proceeding? She connects me to XXXX He answers my 2 concerns by saying they are not giving me my refund that was previously promised. They have taken upon themselves to apply it towards my balance. I tell them that this is all the money I had and this will severely hurt me and that is NOT what we discussed on XXXX XXXX or what we agreed to when we started the new Flex modification plan. He then told me that the foreclosure is only suspended in their office. He doesnt have any control over the attorneys. Until all 3 payments are completely made and I officially have a new loan will the foreclosure completely stop. I dont understand why I cant have an extension of time until all 3 payments are made? Isnt that what suspended means? I can and will produce all proof and documentation supporting everything listed above if requested however, I believe you can easily see on my account the forbearance timeframes, the constant communication, timely trial payments, timely continued monthly payments there after. In summary, This company has told me one thing, then did another too many times. My wife and my credit have been ruined. Because of the stress and XXXX we are under, we are yelling at each other for the first time in our happy marriage. She has had 3 bouts of XXXX XXXX within the last 3 months and my XXXX XXXX is remarkably high. We cant get a decent car loan now, or refinance our mortgage! House hunters are calling me and my wife on our cell phones constantly. They are even calling me at my work telling my employees that my home is in foreclosure! Im getting tons of letters from attorneys and house hunters. There are even people showing up at my house telling my daughter we are getting foreclosed on! I have followed the rules and made ALL my payments, every month after the Covid Forbearance, (which was approved by Loancare). The amount of XXXX is about to XXXX me. The amount of hours I have spent on the phone with this company has been astronomical! I have even contemplated XXXX for the first time in my life.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33556
Submitted Via: Web
Date Sent: 2022-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: As of XX/XX/2022 my federally protected rights are willfully, knowingly and purposely being violated by loan servicers/covered persons LOANCARE LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX VA XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX MI XXXX. According to the Truth In Lending Act ( Regulation Z ) subsection 12 CFR 1026.39 Mortgage Transfer Disclosures covered persons are required to provide mortgage transfer disclosures to consumers. As of the above-mentioned date I have been denied access to the informed use of credit by the above referenced covered persons because I have NOT been provided with any typed, written, or electronic mortgage transfer disclosures forms which has caused me to have adverse actions taken against me the consumer despite my lack of knowledge of the terms or expectations of me the borrower during the mortgage transfer process. Subsection 1026.39 titled Mortgage transfer disclosures states that " The disclosure requirements of this section apply to any covered person except as otherwise provided in this section. For purposes of this section : ( 1 ) A covered person means any person, as defined in 1026.2 ( a ) ( 22 ), that becomes the owner of an existing mortgage loan by acquiring legal title to the debt obligation, whether through a purchase, assignment or other transfer, and who acquires more than one mortgage loan in any twelve-month period. '' This subsection also states " ( b ) Disclosure required. Except as provided in paragraph ( c ) of this section, each covered person is subject to the requirements of this section and shall mail or deliver the disclosures required by this section to the consumer on or before the 30th calendar day following the date of transfer. This means that both LOANCARE LLC and XXXX XXXX XXXX are both legally responsible to ensure that I was provided mortgage transfer disclosure forms but they both failed to do so. XXXX XXXX XXXX informed me on XX/XX/2022 via telephone that my mortgage was transfer from them to LOANCARE LLC as of XX/XX/2022 but LOANCARE LLC in contrary to what XXXX XXXX XXXX is saying, stated via telephone on XX/XX/2022 that they became the covered person for my mortgage transfer as of XX/XX/2022. Both covered persons are completely contradicting one another, and no one can tell me what date my mortgage was actually transferred to a different servicer. 12 CFR 1026.39 also states " ( 1 ) Form of disclosures. The disclosures required by this section shall be provided clearly and conspicuously in writing, in a form that the consumer may keep. The disclosures required by this section may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act ( E-Sign Act ) ( 15 U.S.C. 7001 et seq. ). ( 2 ) The date of transfer. For purposes of this section, the date of transfer to the covered person may, at the covered person 's option, be either the date of acquisition recognized in the books and records of the acquiring party, or the date of transfer recognized in the books and records of the transferring party. '' This means that both servicers were required to provide me with clear and concise disclosures to ensure that I can fairly and accurately understand what was taking place during this consumer credit transaction. These actions violate the Truth In Lending Act, Fair Debt Collection Practices Act, and Fair Credit Reporting Act!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08012
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I closed on a mortgage through XXXX XXXX XXXX on XX/XX/XXXX. We have been transferred between servicers but are receiving conflicting information ; one bank has taken a payment for us but the current servicer says they don't have any record of us. - Closed XX/XX/XXXX ; First payment due XX/XX/XXXX - First servicer/funder : XXXX XXXX XXXX - XX/XX/XXXX : Notified via email from XXXX of being transferred to XXXX XXXX XXXX XXXX XXXX MI ) XXXX XX/XX/XXXX : Setup new account at XXXX for online payments XXXX etc - XX/XX/XXXX : Received letter from XXXX that we were being transferred to XXXX XXXX XXXX XXXX XXXX MI XXXX XXXX XX/XX/XXXX - XX/XX/XXXX : Received letter from XXXX they were, in fact XXXX not going to be our servicer and not to send payments for due dates after XXXX - XX/XX/XXXX : Received a second letter from XXXX that they were transferring us to LoanCare XXXX but this time effective XX/XX/XXXX - XX/XX/XXXX : XXXX takes auto-draft from checking account XXXX XX/XX/XXXX : Northpointe lists payment as unapplied funds - Since XX/XX/XXXX, LoanCare LLC doesnt know who we are per customer service. We have received no correspondence from them at all. - XX/XX/XXXX : received letter from XXXX XXXX that FM has purchased our mortgage on XX/XX/XXXX and they are our servicer, but with different addresses from XXXX XXXX XXXX correspondence.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 480XX
Submitted Via: Web
Date Sent: 2022-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Since XX/XX/XXXX I have made multiple calls to Loancare trying to get a Loan modification after coming out of forbearance. Loancare reported my loan as delinquent for the months that I was in forbearance. This resulted in an over 100 points drop in my credit rating. This prevented me from obtaining a refinance from any other entity. We had an modification agreement in XX/XX/XXXX. I had the documents notarized and sent back to Loancare XX/XX/XXXX in the XXXX envelope that they provided. Loancare did not process the documents. They informed me that they did not receive the documents until XX/XX/XXXX. I find that impossible to believe. Then Loancare sent me another modification agreement with a higher interest rate, a higher mortgage payment of close to {$2700.00}. Their calculations included the amount of the delinquent payments while in forbearance. I have made countless calls to Loancare from XXXX XXXX XXXX, spoke with countless agents, been told conflicting information an the situation remains unresolved. The website will not accept payments from debit nor credit cards which prevents making the payments. I have asked for options to pay without response. The agents have admitted that the post office returned documents to them that did not reach me but decided to move forward with the foreclosure. The XXXX tracking dates do not match the date on the notices that Loancare states that they sent documents. When I did receive documents, I was past the response date because Loancare did not send them out to me timely. Loancare is impossible to deal with and should not in my opinion be allowed to service mortgage loans. Their incompetence is glaring.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75068
Submitted Via: Web
Date Sent: 2022-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have turned in all the information requested of me to LoanCare and XXXX XXXX XXXX required to receive a loan modification. They refuse to properly service my loan : They continuously ignore my certified letters and emails. They send me misinformation that they have not received documents when they really have. I have sent full document packages to their po box XXXX mailing address, and two email addresses and their attorney. The documentation attached shows that a full loss mitigation package was sent XX/XX/XXXX, Proof of a 4506-C uploaded on XX/XX/XXXX, and the actual 4506-C that they have sent me documentation stating they are " missing. '' My application is a facially complete application as per 1024 41 ( c ) ( 4 ) ( ii ). I also have timestamped emails of the above information that was emailed to XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 344XX
Submitted Via: Web
Date Sent: 2022-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-18
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: In XXXX I cosigned with my daughter House and when we closed a mistake was made. According to the recorder of deeds in XXXX XXXX there was two parcels one parcel was the garage only and the other parcel was the house. At our closing we were given the garage deed only and we signed that one. Due to medical issues with my daughter she was no longer able to pay the mortgage. I tried to sell the house three times The very last time I was told about a problem with the title. I started contacting the bank that held our mortgage XXXX and Loancare to tell them there was a problem I even spoke to a manager about it. And I advised them if they were going to foreclose on The property only the garage was in our name. They started for closure in XXXX they sent a preservation company up that started working on issues in the house and at that time no one shouldve been in the house. I have been in constant contact with them they have charged {$8000.00} in fees and the house did go under contract in XXXX of this year even then no one should have been on the property. The property was still deeded to the original owners not us and not Loancare they were very well aware of it I made multiple phone calls. The house was sold and closed on XX/XX/XXXX and on that day we got the deed fixed just one week before that closing. I have multiple emails asking that they adjust the fees due to the fact they didnt have a valid title to the property to the house. I had to put out {$2700.00} of my own money to close the house and they said that they would look into reimbursing me that much I didnt even get that. I have made formal complaint through Loancare through their legal department as well. Like I said I have multiple emails and pictures of work that was charged and not done right the preservation company charge over {$3000.00} alone. I feel that the feed the foreclosure fees should never have been to anyone because I have a problem with why they would for close on a house that did not belong to them or to us. I have plenty of documentation if you need that but I want to go ahead and file this complaint against Loancare LLC thank you
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 185XX
Submitted Via: Web
Date Sent: 2022-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Fraud Alert - Misuse/theft of California Mortgage Relief Program {$22000.00} plus which was a monetary award to CATCH UP ON MY MORTGAGE PAYMENTS. all the attachments are self explanatory monies went all over the place and funds were clearly not used for back mortgage payments payments went up XX/XX/2022 for no reason, no notice, from {$2200.00} to {$2700.00} XXXX per month then latest statement had fees and charges that should not have been charged throughout waiting for approval award {$3200.00} ( 6 months ) defrauded from California Mortgage Relief Program my monthly payments should have went down as a property tax exemption was approved Please note this about the 5th complaint against this lender and results only come with CFPB involvement and in this case I have also advised California Mortgage Relief Program that their funds/award to help me was miss-managed by the lender ( LoanCare LLC ) My property tax and homeowners insurance is included in my monthly mortgage payments to include any shortages also come out of the monthly mortgage payments as there is money left over, after principal, interest, insurances ( 2 ) not to ding me like this, I truly hate this lender they have also blocked me out for when I send them emails, they no longer send me a receipt as received what happened to the unapplied balance???? Thank you. XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95330
Submitted Via: Web
Date Sent: 2022-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I qualified under the COVID laws for a mortgage modification. Accepted, signed, notarized, sent. Made several payments and then my payments start getting returned. Called to find out what was going on and they said never processed the modification. Then later they said they never recieved it. I've had a hard time working with them and it's only gotten worse. You can't speak to anyone when you call in. You get a call center who takes a message. They say their goal is to have someone give you a call back the same day, but it isn't guaranteed, you can't make an appointment, and they will only call you back during whatever limited window they select fkr that day. Even if you agree to a call later than whatever their call back cutoff is but while the call center is still open, they won't call you back. It's purposefully designed to be a Neverending labyrinth. Because they want you to answer when they call but God forbid you have a job where you can't just pickup at their leisure. I was labeled non responsive because I have a job that doesn't allow me to have a personal phone on me for safety reasons. And I can't easily access my phone from where I work even during meal breaks. As well I'm working 12+hour days 6 days a week with 24hr responsibility and due to the pandemic. I've been lucky enough To be off most Sundays, for which the mortgage company is closed, and with that 24hr accountability, I'm essentially always working anyway. Early during the pandemic I discovered that unemployment fraud was occurring at my address by my mail carrier. So informed them I shut off the mail to the residence and they could just email me. And they refused acknowledge it. I changed my address with them to XXXX XXXX and they are still sending mail elsewhere, other than the XXXX XXXX I gave them. Now, my employer agreed to work with me so I could to take a call or XXXXXXXX XXXX as an appointment. But again, the mortgage company won't do that. And the mortgage company flat out refuses to Email me still. Even though I'm suppose to be on their ''Email only contact list '' they won't email me. So I've been pushed off all summer. Being told they would elected my complaint. Then I call back a few weeks later and my complaint has gone no where. And no one has looked at my file for reevaluation. From XXXX until XXXX I was told no forclosure on is being taken and they Don t know why no one will look at my file, but they are raising it up the flagpole. Then magically I get served with forcloseure papers filed in XXXX. And apparently not only is the mortgage company allowed to lie to me, the information from the call center can not be relied on for accuracy per their own company. Also, the mortgagcompany claims they are actively seeking forclosure because I didn't send them any paperwork while at the same time acknowledging that they told me I didn't need to send them any paperwork. Also, I'm non-compliant and non responsive even though no one has looked at my file al summer for re-evaluation even after suposedly being an elevated as a complaint so someone would lookat it asap. Which also all makes no sense because the company keeps calling me multiple times a day and 5 to 6 days a week. Calling from labeled numbers and blocked phone numbers ( I know it's them because they've left messages calling from blocked numbers ) and because the blocked numbers didn't t start until I complained about them calling a number they know I can't answer. Not not only that. The mortgage company refuses to acknowledge the line in the signed papers that says that ''I agree that my first timely payment under the plan will serve as acceptance of the plan. '' Now, the other part is that I speak another langauage. And I asked how I am supposed to get my personal translator on the line if ( and clearly when ) I need them if I can't make an appointment. To which I've been told they would have to research it and get back to me. As of yet no one has reached out about that issue. Yet again, if the mortgage company would just email me, I could just use that with my translator and it would solve a multitude of problems. Though I'm increasingly suspicious the problems with communication here are not related to my capabilities regarding the English language but with Loancare 's everything. Lastly, I'm not sure what company I'm really dealing with or what set ofnrukes apply. So Loancare holds my mortgage. But I call or get transferred to a XXXX XXXX. No NOW, the voice recording on the phone line says that they are a debt collector trying to collect on a debt. Yet the company says they don't follow fair credit reporting. It's like they are trying to ride 2 horses here. They voluntary self identifying as a debt collector to seem more powerful and to stoke the fear and anxiety response, yet are also beating around the bush that they may just may only be a simple mortgage creditor. It's intentionally blurry and absolutely inappropriately so.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19711
Submitted Via: Web
Date Sent: 2022-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A