Consumer complaint received 2018-06-22
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Complaint about Carrington Mortgage Foreclosing on FHA loan in Federal Disaster area after owner requests disaster relief for the Hurricanes affecting XXXX and XXXX XXXX. 

I recently bought a home on a FHA loan through Carrington Mortgage in XXXX. I was impacted by the hurricanes of XXXX both in my home state of XXXX and where I was working in XXXX XXXX. I was able to shift my work back to XXXX but lost some time at work due to the storms and lost out on potential future revenue from an upcoming business opportunity that aligned with my research that may have yielded future work and XXXX school   opportunities with the XXXX  XXXX XXXX XXXX XXXX . 

When I received a letter from Carrington dated XX/XX/XXXX offering assistance due to the hurricanes I called them immediately. I called and spoke to a representative that told me I was in a federal disaster area, and that I could seek deferment for 6 months and at the end of the 6 month period I would pay my normal mortgage and that the unpaid mortgage payments for those 6 months would be added to the end of my loan extending the date to pay it off, and I accepted it. However, the next month I got a mortgage statement ; it showed an overdue balance. I called and spoke to a representative from Carrington who assured me everything was ok, that the paperwork hasnt caught up with the disaster relief and that I didnt need to make a payment. Same thing happened the next month and I called again and got the same assurances. 

Then on XX/XX/XXXX, two days after XXXX while visiting my fiancs relatives in XXXX XXXX I get a phone call from Carrington saying they are going to foreclose on my property! I called and after several hours on the phone I reached a verbal agreement for disaster assistance from XXXX at extension XXXX. The terms were I could pay what I could but normal payments would start back on XX/XX/XXXX, I didnt need to pay anything now ; and nothing was mentioned about paying back mortgage payments. I still never received anything in the mail pertaining to the disaster relief, the terms of my relief package, or what my rights were under this agreement. 

I still continued to receive mortgage statements every month that showed I owed a past due amount from XX/XX/XXXX on till XX/XX/XXXX. Every month I would call and get the same response that I was in this disaster relief program ; that I was in a Presidentially Declared Major Disaster Area and a payment wasnt required. At no time was I made aware of the requirement to pay the back mortgage to become current. After contacting Carrington Mortgage again to try and gain insight into my loan I noticed on the website that I could not access to certain parts of my loan and that when I discovered that it was in default. Soon after that I received a notice of intent to foreclose in the regular mail, I never received anything by certified mail and thought it was my normal mortgage statement and didnt open it at first. I called and spoke to someone at Carrington, and though they were apologetic about my current predicament, and were as just as confused as I was as how I ended up here ; were not really willing to offer any way forward other than to submit RMA paperwork. So I submitted the first RMA paperwork on XX/XX/XXXX and received a confirmation that it was to be reviewed. On XX/XX/XXXX I received the Loss Mitigation Evaluation Notice that stated I did not qualify for any assistance and my only option was to liquidate the home. I called and spoke to a representative in the Mortgage department and upon hearing that I left out my fiancs income and a few other assets-he encouraged me to reapply. However, I was not made aware of my rights to appeal any decision nor was I aware that I could have been making payments all along to Carrington. So I reapplied for RMA on XX/XX/XXXX and the package was under review, it was sent back for being incomplete on XX/XX/XXXX, needed a full RMA on my fianc as well. The RMA was updated to reflect myself ( XXXX XXXX ) and my fianc ( XXXX XXXX ) on XX/XX/XXXX. I updated it again on request from Carrington on XX/XX/XXXX and all the required documents were uploaded and finalized on XX/XX/XXXX. I was not made aware of the outcome of the RMA like I was before and was under the impression that, and told by numerous Carrington representatives that the foreclosure proceeding would be put on hold while the RMA paperwork processed. So beginning on XX/XX/XXXX I start to receive unsolicited phone calls and text messages about buying my house, followed up by lawyers and law groups offering to represent me for my foreclosure? One of the advertisements from a local law office has a copy of the Notice of Lis Pendens that shows Carrington Mortgage initiated foreclosure proceedings against me in court dated XX/XX/XXXX, XXXXhree days after my final updated RMA was uploaded to their website. Further look in the court docket shows that Carrington Mortgage started foreclosure proceeding earlier that XX/XX/XXXX, but never made me aware of this- nor did I ever receive official documentation of this or the outcome of the final updated RMA . There were many inaccuracies in the foreclosure notice as well, in one document that county is listed wrong. 

Its been my intention to stay in the house all along. I made Carrington Mortgage aware of that at the very beginning. I have never received any official paperwork as pertains to the disaster assistance I was provided, the terms, or my rights under such an agreement. I have talked to numerous Carrington Mortgage staff and have received varying answers to specific questions concerning my mortgage from the beginning. Upon speaking to several  associates and supervisors I got the impression that they do not know how the foreclosure process works or are trying to cover for past mistakes, when I called on XX/XX/XXXX, they didnt know that the foreclosure was in the court system already and incorrectly stated that it was on hold. Carrington acted in bad faith in not clearing up whether I was under an assistance program or not and that when payments would be required. It is my desire to hold Carrington to the disaster assistance I was offered in the beginning, that I could make my normal mortgage payments and that the back mortgage would be rolled into the loan extending the payoff date. Carrington initiated foreclosure without properly informing me and my rights as a borrower under FHA guidelines. I also desire to look into the fees and fines charged to me under this disaster relief, foreclosure proceeding should have never been started so early into the process.

Company response to consumer: Closed with explanation