Consumer complaint received 2023-03-13
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: NH
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
1.XXXX XXXX XXXXXXXX sold our mortgage to Carrington Mortgage Services in XXXX of XXXX. In the process of the transfer the escrow was transferred with an incorrect amount. Neither XXXX or CMS wanted to take responsibility and this ultimately resulted in us having to hire an attorney. We also had to file for XXXX XXXX bankruptcy ( because CMS would not accept payments during this time, they wanted the difference in money for the escrow that was incorrectly posted ). We were granted a loan modification even though we were not at fault we had to go through the motions. This process took just over 2 years. Two years of anxiety and fear that was completely not necessary. 
2.In XXXXXXXX XXXX lost her job and we immediately contacted CMS and notified them. We did not want to have to go through that process again, but we did. We had to file XXXX XXXXXXXX. We settled with a loan modification and the bankruptcy was dismissed. This was under legit circumstances. 
3.XXXX  XXXX we applied to refinance our mortgage with money back to make repairs and updates to our home. The rates were low and our equity was high and our payment history was good The mortgage company that we applied to denied us because our mortgage did not show on any of the 3 major credit bureaus, XXXX XXXX, XXXX or XXXX. We then tried to refinance with CMS and they themselves would not refinance our mortgage because they themselves did not report our mortgage to the 3 major credit bureaus. CMS stated that we needed to reaffirm our mortgage from the bankruptcy in XXXX. This is not the case. Reaffirmation is for XXXX XXXX  not XXXX and our bankruptcy was dismissed, so no reaffirmation was needed. We had to jump through hoops with CMS. They said they would refinance us if we could get nontraditional credit applied to our credit reports ( when asked what is nontraditional credit, we were told for example utilities, auto insurance, etc. ) Instead of CMS just simply posting all of our payments we had to go through an arduous process. We contacted all 3 bureaus to find out how to do this. All three said that they do not put nontraditional credit on reports. Then CMS stated to get a years worth of payments from nontraditional entities to prove our credit worthiness. We got XXXX, XXXX XXXX and XXXX payment statements to them. We then sent letters and copies of our bank statements with our mortgage payments highlighted and circled to XXXX, XXXX and XXXX ( ccd CMS ) asking them to update our reports with the mortgage payments. XXXX XXXX replied stating that they couldnt update our report because CMS was not even on our report to update. During this time we were made to believe we were being refinanced if we did all this work, so we held our payments thinking we would be signing papers. Once again we were forced to apply for a modification because we fell behind. On XX/XX/XXXX we were notified by mail that we were eligible for a loan modification and to begin our XXXX  We were told we would hear something before our last payment of the 3 payment series. 
We never received any confirmation or denial letters from CMS. We called in to CMS and were told that a packet was mailed. We NEVER received this packet. I clearly made the CMS representative aware of this. 
We made our regular payment on XX/XX/XXXX. Still no notification. 
XX/XX/XXXX we called in to CMS to make our monthly payment and we were told that CMS could not accept our payment and that our mortgage has been sent to the foreclosure department. 
XX/XX/XXXX called in again, spoke to XXXX, she again told us that she could not accept our payment that our house was in foreclosure. 

What CMS did here was DUAL TRACKING According to Subpart C 12 cfr 1024.30 et seq section 1024.421 : Law prohibits a servicer from foreclosing on a borrower while also working on a loan modification agreement or other alternative to foreclosure. 

We were clearly in a XXXX  and CMS put our mortgage into foreclosure. 
Meanwhile, this is all happening in conjunction with CMS NEVER reporting our mortgage payments to the 3 major credit bureaus causing us to miss an opportunity to refinance our mortgage loan with another mortgage provider ( or even with CMS ).

We had to obtain an attorney once again.

This behavior from CMS is completely unacceptable. Not only did we not get refinanced because of their mistake, insisting we need to reaffirm our mortgage, we have to spend money on attorney fees again. 

We have every piece of correspondence received or sent. Every phone call made, we have times, dates and names of the representatives we spoke to. Also, have every email sent and received between us and CMS. 

We want CMS to be held accountable for all the anxiety, fear and frustration they have caused to myself and my family. The strain this puts on a person is reprehensible. I have to go each day sick with worrying. 

Please help us to hold CMS accountable for their actions. 

Thank you,

Company response to consumer: Closed with explanation