Consumer complaint received 2020-02-20
Company: LoanCare, LLC
State: AZ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I wanted to share my response from Loan Care along with their attachment regarding the XXXX. According to Loan Care 's document # 2, which does not have a date as my document states XX/XX/XXXX. Loan Care 's document from their XXXX  states something differently then my XXXX document. According to my document mine states there is a " Special Terms Related to Principal Foreberance '' and it states that " after this derrel of a portion of your principal balance, interest, will accrue only on the portion of your outstanding principal balance that is not being deferred, which is ( {$110000.00} ). Also, my document is from XXXX, Co XXXX ; stating on number # 2, balance of XXXX ( in small print ) with Loan number XXXX. Loan Care 's XXXX Loan care modification agreement example is from XXXX, Tx ; and it states that my unpaid principal balance is {$160000.00}. In addition, I am also questioning my signature on XX/XX/XXXX because the document doesn't coincide with my document. Although I have signed documents for XXXX, the fact that the deferred balance has been forgiven on my document and is not stated in Loan Care 's XXXX  example document ; has me concerned. In addition AZ Attorney General has an example of my document in their file from XXXX which is redacted. However, I kept mine for safety. 

I believe Loan Care 's representative 's response was condescending and arrogant because they also are not mentioning that XXXX XXXX holds the rights to my loan and has not address my concern after I faxed my error regarding my loan number XXXX which is the same as loan care which according to XXXX XXXX 's website, I was to receive a new number after being transferring from XXXX. My concern with my identity is valid because I have a house note that was recorded at the XXXX County Recorder where anyone can see my personal information without understanding my situation with my lender or if I have a new lender ; because according to the sale made by XXXX XXXX, my home was displayed in emails as XXXX being the lender ( see attc ). She also has a public auction on the internet with a disclosure that I am in foreclosure and to call a number that is a XXXX XXXX area code. Please see link. XXXX XXXX XXXX So was my house sold or being held for the highest bidder and if was sold to the highest bidder, then how come XXXX XXXX, XXXX XXXX, Hud and myself was not involved? The fact that XXXX has XXXX as the lender and offering to assist ( whomever ) which I am assuming it was intended for me because in XXXX, I have documents of her trying to get me to wire money to be able to stay in my home, so I filed bankruptcy until this was resolved. Recently I found out that it was her who was the one who had my house note. Please see # 6 on lost affidavit note, where it states that it is loss or in the wrong persons possession. For years I had no idea that it was so easy for someone to take your house note from the county recorder base on a system that they can assess and judge your financial status without understanding that you were forgiven for a debt. My full forgiven remaining principal balance was XXXX but once you add the XXXX pending Escrow amount on my XXXX XXXX statement XX/XX/XXXX, then deposited on my XX/XX/XXXX loan care statement while my name is still on the statement ; the amount becomes XXXX which exceeds my forgiven amount because of the escrow and fees added. While my house was proclaimed to have been sold on XX/XX/XXXX to XXXX by XXXX XXXX, they must understand that according to her small print disclosure, it states : " NOTICE : If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall not have further recourse against the Mortgagor ( which is the borrower ), the Mortgagee ( which is the lender ) or the Mortgagee 's attorney. '' So was the deposit made in my escrow account in XX/XX/XXXX for the amount of XXXX done to bring my account current so that me and my sons can be evicted while my name was still on the escrow account without XXXX XXXX 's knowledge? Because if that is the case, then the XXXX revolving line of credit from my XXXX XXXX  XXXX XXXX would be a good way to refurbish the house for the tenant they are soliciting to rent my home for XXXX per month which my sons found on the internet. 

Furthermore, because my name may had been compromise and the link to the loss note from XXXX XXXX   XXXX XXXX ; having that revolving credit line of credit for XXXX should make me concern. Especially since I found out that other names came up in the query when my attorney was researching my property information. I am also concern that a payment was made in my escrow account without my knowledge along with my XXXX tax in my name and mailed to my house soon before my house was to be sold and without XXXX XXXX 's knowledge. 

Last weekend, I received a 5 day eviction notice for a debt that I had been forgiven but because of greed, someone wanted to place my personal business for the world to see and judge me. Because of this debt, I was forced to file chapter XXXX bankruptcy only to have it dismissed because my trustee payment became too high because of this XXXX arrears. Please take note of the Idemnification for Affidavit of Lost Note where it states that " XXXX XXXX XXXX, and his or her heirs and assigns harmless from and against any and all losses, liabilities, damages, claims, costs and expenses of any nature whatsoever that result from reliance on the within affidavit, including, without limitation, reasonable attorney fees. '' Meaning I should be compesated for harm or loss. I tried to get compensated and correct the matter with XXXX XXXX and XXXX by forwarding my concern with my statements. I was able to keep two valid proofs but I have sent others with statements via mail with payments. To date, I am still dealing with the same issues after all my paper trail. 

My complaint is being investigated by FTC along with HUD who also has all my documents and I can provide more should needed to help this investigation. Furthermore, while I am being listed as an Unmarried Woman, no one understands at your business that I am actually a widow. I bought my house soon after my husband passed away in XXXX for my XXXX boys and worked real hard to stay in it so for someone to come in and not allow me to get this all straight with the new lender who I thought would welcome me into their company ; turned out that the money came first without acknowledging my concern with this debt and a bleak outlook that XXXX did not honor their promise to ensure all XXXX borrowers will be transferred correctly and help with their account. Instead, XXXX XXXX demanded an amount that was not mine and someone paid a debt that was not mine and are trying to buy a house that is not theirs. My bankruptcy was dismissed on XX/XX/XXXX, I received an incorrect statement on XX/XX/XXXX and a deposit escrow statement from Loan Care bringing my account current with a due date XX/XX/XXXX. So if I am going to be foreclosed on, shouldn't I have been able to address my account after being in XXXX XXXX 's system to prevent foreclosure and if XXXX XXXX is a real Mortgage Attorney working for XXXX XXXX, shouldn't she have been the one trying to give me mortgage assistance before a trustee sale ( non judicial or judicial foreclosure ). I understand she thought my lender was XXXX, but now that it is XXXX XXXX, I have 1 year to address my complaint, which I have as of XX/XX/XXXX via fax. Finally, the community legal service had to literally send an email with all caps stating that it was their second time requesting a payment history from XXXX XXXX to verify amounts. As of XX/XX/XXXX, XXXX XXXX has not responded ; Loan Care is not giving an appropriate response to address this mishandling of information relating to my loan. Therefore, I am really concern about how my account and home situation has been handled.

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