Consumer complaint received 2023-11-12
Company: LoanCare, LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage
Sub-issue: Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure

Complaint:
XXXX XXXX XXXX 

On Monday, XX/XX/XXXX, at XXXX XXXX, we spoke with LoanCare to reach an agreement on the late home mortgage payments. They offered us a program of accumulating all outstanding fees at the end of the total mortgage amount. Because the other program would harm us because the interest on payments would increase over 40 years, they agreed to send us these documents, which we would fill out. We would pay a notary to authenticate our signatures within 30 days. 

Likewise, on the same day, we sent a modification loan since that is what they had offered us one month ago in an email. 

On XX/XX/XXXX, they sent us confirmation of receipt of said email. 

The same day, on XX/XX/XXXX, we called the California Mortgage Relief Program twice at XXXX, as Loan Cares loan modification staff told us they had no record of the program contacting them. However, since XX/XX/XXXX, we have received a response from our application telling me, " There is an internal process that needs to be completed before approval or denial. Your reviewer will contact you if additional information is needed or a decision has been made. 

The first time, we were told on this program that LoanCare had yet to respond. The second time, we insisted that LoanCare answer that they had not received any information, and if so, it would be on the portal ; the Mortgage Relief Program customer service told us that at that time, they had sent the information they needed from the mortgage company again. Also, they told us that we had to wait until XX/XX/XXXX for the mortgage to respond ; otherwise, we would have to make a new application again. 

On XX/XX/XXXX, we received a certified mail note saying that we had to pick up the documents at USPS to sign them since it was the second time they tried to locate us. However, my wife and I received a certified mail on XX/XX/XXXX, dated XX/XX/XXXX, without options to determine whether we qualify for temporary or long-term relief, notifying us that our loan has been referred for foreclosure. Assistance may be available with COVID-19, which we tried to do at the beginning of this year because of the minor 's health problem, but LoanCare rejected it. So, we started to make the first application to the California Mortgage Relief Program successfully for the first assistance COVID relief. Still, LoanCare did not accept a second application for COVID relief, as I said. 

On XX/XX/XXXX, my wife went to collect the certificates since I was having an XXXX on my XXXX XXXX as a follow-up to my XXXX and appointments with the XXXX. 
In a said letter dated XX/XX/XXXX, which I attach as evidence along with other documents, we are offered five options to prevent foreclosure and continue in our house : XXXX XXXX XXXX 
" This letter is being sent to you by XXXX XXXX XXXX Dba XXXX XXXX on behalf of the servicer of your loan, LoanCare , LLC . If you provide information about your situation, LoanCare , LLC can determine whether you qualify for temporary or long-term relief, including options that allow you to stay home. 

During and after the Pandemic, and even this year, we have experienced a reduction in income because a minor that we adopted no longer lives in our house due to health problems and was sent for long-term treatment and now the case has been brought to Court. We have been waiting to receive said income for over a year, as we have communicated to LoanCare several times. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

On XX/XX/XXXX and XXXX, Hurricane Hilary also affected us as it damaged our pool, which the insurance company did not want to cover. Even though they came to file the report, they told us they would send it to LoanCare, so we need to pay the reparation, generating new expenses in our packet. 

On XX/XX/XXXX, we again needed to pay for an urgent situation because we had to request assistance from XXXX. We paid for the tow truck from the scene of the incident to the workshop where it would be repaired, the payment for said services, and since the event happened in XXXX, we paid the XXXX to be brought to our house in the fifth. 
As if that were not enough, we have several medical appointments in XXXX XXXX for our XXXX XXXX  children this month and the beginning of next year. 

For all these reasons of reduced income, health, and personal emergencies, it is more advantageous for us to take option # 1, which LoanCare offered us in its certified letter of XX/XX/XXXX, received by USPS on XX/XX/XXXX, delivered and signed by my wife. On XX/XX/XXXX in the afternoon. 
1. Forbearance Make reduced mortgage payments or no mortgage payments for a specific period.

We have decided to write this letter today because the letter that USPS gave us on XX/XX/XXXX, as I mentioned previously, tells us in the subject line that it is Foreclosure Prevention Alternatives Notice Under California Civil Code Section 2924.9. However, they already sent the loan to Foreclosure as they indicate in the said letter, that is, not Foreclosure Prevention as shown in the California civil code, and since LoanCare did not send them by phone on XX/XX/XXXX, only giving us the loan modification alternative and not Forbearance. 

This week, lawyers and companies have left us several messages at all hours of the day to advise us about Foreclosure, Bankruptcy, sales, etc. Today, XX/XX/XXXX, a person came with measuring tools and took photos of the house, which we later saw with our cameras. Since he was unsuccessful in contacting us to enter the house, we also assumed to take photos and measurements inside it. That person, or lawyer, took pictures of the front of our house without our permission, and this same person called my oldest son, XXXX, to inform him that the house was on the Foreclosure list for a value of {$530000.00} ; my son asked me who put that price on it, nor do my wife and I know where that information was obtained. Furthermore, they do not have to call my son, family, or friends for any reason and worry them since XXXX XXXX does not own the house because he has not lived in XXXX  for more than 12 years, of which more than 10 years He lived in the state of XXXX with my wife and I being the sole owners of the house and responsible for the payments on the mortgages we have had for a long time. Even so, they are all in charge of calling my relatives to see how they can locate me so, according to them, they can sell the house as soon as possible, confusing us with letters, emails, and phone calls that they are going to give us the opportunities established by the law of California for the prevention of Foreclosure. 

So, we will send all the information again to LoanCare for option 1 of the Forbearance program that they offered us in certified mail on XX/XX/XXXX, received on XX/XX/XXXX by USPS, and received and signed by us on XX/XX/XXXX to Foreclosure Prevention. This way, they will not continue to confuse us, or it seems to me, by deceiving and omitting important information, already putting our house on a shopping list so that lawyers, companies, inspectors, etc., call us or visit us every day, including weekends, like today after XXXX XXXX, which I celebrate for my services to the nation. 

Note : I am attaching documents so that they can resolve the possibility of not going to Foreclosure and give us the Forbearance program, providing the necessary support for our economic, health, climate, and personal situation, such as the repair of our only car that has authorization of XXXX. 

XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation