Consumer complaint received 2018-09-18
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I starting falling behind on my mortgage payments approximately Mid XX/XX/XXXX. I got served with a Notice of Default by the current loan servicer, Carrington Mortgage Services. At this time I was residing at the subject property, a Single Family Residence located at XXXX XXXX. XXXX XXXX. XXXX, Ca. XXXX My troubles initiated as a result of both acareer finances decline and personal issues dealing with the aftermath of a divorce. 

Because of my inability of meeting my mortgage payments, Carrington Mortgage initially filed a Notice of Trustee Sale XX/XX/XXXX. 

After numerous attempts to normalize my situation without any positive results, I took the final and most responsible decision to place my property up for Shortsale. On XX/XX/XXXX, I XXXX XXXX hired the services of XXXX XXXX XXXX, a real estate brokerage firm managed by XXXX. XXXX XXXX. 

I hired XXXX. XXXX to initiate Shortsale proceedings to responsibly mitigate a loss for the current lender, Carrington Mortgage. 

On XX/XX/XXXX, XXXX. XXXX sent the Short-sale package to Carrington Mortgage and followed up with my assigned single point of contact XXXX XXXX XXXX. 

The shortsale process was formally initiated on this date and an offer from a XXXX XXXX investor was submitted at {$400000.00} Typically, Real Estate investors when offering to purchase a heavily damaged property, have to take into account the following considerations cost of repairs, the surrounding comparable sales, exit ROI and marketing duration. All of these factors are vital for an investor to acquire a fixer upper. 

After having submitted this offer to the lender, XXXX XXXX began having difficulty getting a hold of the SPOC ( XXXX XXXX ) After several attempts to get a hold of her, XXXX.XXXX finally answered XXXX. XXXX. She indicated that she was unable to discuss the file due to a Bankruptcy being present in the current file. While banks can not close on a Shortsale during an active Bankruptcy scenario, they can certainly speak directly to the customer or his/her authorized agent, just as long as there is permission from the borrower, in this case me. The filed bankruptcy was done in a Pro Se manner which means that there is no attorney present. All Carrington needs is my written authorization to continue processing the Short-sale but not being able to close unless one of the three events occur : a ) Bankruptcy is Discharged. 
b ) Bankruptcy is Dismissed c ) Bankruptcy Trustee provides written authorization to close the Short-sale. 

XXXX. XXXX has been dodging talking to my Real Estate broker on purpose, hiding behind the excuse that there is an active Bankruptcy.on the case. On XX/XX/XXXX she wrote an e-mail to him explaining that she could not speak to him because of that reason. Despite of the fact that XXXX. XXXX explained to her that it was ok to speak to him because I XXXX XXXX consented to this. 

On Wednesday XX/XX/XXXX, XXXX. XXXX XXXX was out of the office, so my broker had the pleasure of talking to her manager XXXX. XXXX XXXX who had given XXXX.XXXX an indication via e-mail that the existing {$400000.00} was too low..He politely requested to XXXX. XXXX if he could reach out to the buyer 's agent to try to see if they would care to increase their offer to a more acceptable amount, {$500000.00} was discussed. 

XXXX. XXXX went ahead above the call of duty and managed to convince the Buyer 's agent to persuade his client to increase their offer from {$400000.00} to {$500000.00}. 

My agent XXXX. XXXX was trying to please the bank as much as a possible while taking into account that the subject house is in need of at least {$100000.00} in cosmetic and structural repairs. ( Contractor 's Bid attached ) After speaking to XXXX. XXXX and having sent him a revised contract for the higher amount and an escrow Closing Document reflecting the increase, XXXX. XXXX has been unable to speak to him ever again. 

On Thursday XX/XX/XXXX XXXX.XXXX  once again called in to Carrington Mortgage to discuss the status of the higher offer. XXXX. XXXX specifically requested to speak to XXXX. XXXX, however the call was routed to a gentleman named XXXX XXXX, claiming to be the Director of Special Servicing at Carrington Mortgage Services. 

According to XXXX. XXXX, XXXX.XXXX commenced the conversation on a very condescendign and abrasive manner. 

He sarcastically asked XXXX. XXXX " where do you live? '' " Are you familiar with this neigborhood '' What XXXX. XXXX was doing was to attempt to ridicule XXXX. XXXX professional acumen by placing doubt on his geographical knowledge of the subject neighborhood. XXXX.XXXX responded assertively that in fact he was quite familiar with XXXX County Real Estate and being licensed to practice Real Estate since XX/XX/XXXX. XXXX.XXXX has been a Real Estate professional in XXXX County for the last 24 years. 

XXXX.XXXX  not only insulted XXXX. XXXX intelligence, but also aserted to him that given the discrepancy in price offered by the investor 's latest offer, " you are better off letting this house go to Foreclosure and go find yourself another listing '' He also told XXXX. XXXX " It sounds to me that your have to go back out there and find a higher offer ''. XXXX. XXXX openly expressed his disregard for seeking a loss mitigation solution by stating that even if XXXX. XXXX received an offer at the BPO valuation obtained by the Carrington Mortgage at the {$550000.00}, that not even at that amount there was any guarantee to accept such offer. He further added the following statement " Here at Carrington Mortage we have the ability to fix the homes ourselves and we can then rent them out for a year until the market increases '' Further confirming that XXXX. XXXX in direct representation of a Lending Institution that he represents as a director, has not intention nor desire to work out a loss mitigation solution with a consumer desperately seeking this relief. 

His remarks and overall attitude were those of a bully and not a banking professional. And his behavior was despicable and unacceptable. 
XXXX. XXXX attempted to discuss the matter with facts and data which he felt supported the {$500000.00} value as being fair and equitable to liquidate the real estate asset in question. 

I am providing you with a very close comparable sale on this submission where a property in close proximity in size to ours just sold XX/XX/XXXX for {$540000.00} MLS # XXXX I don't know if Carrington Mortgage received Federal Assistance as part of the trouble asset relief program during the recession years? But if they did, I need your assistance at making XXXX. XXXX and more importantly holding his lending institution more accountable at truly helping distressed home owners like myself, receive the necessary help to achieve a Short-sale. Without duress or callous threats of " not needing to do anything about it '' I need your to please assign a SPOC who is accountable, responsive and more importantly reasonable at negotiating this Shortsale. Carrington Mortgage is currently violating the California Home Owner 's Bill of Rights statues. 

Thank you for your cooperation

Company response to consumer: Closed with explanation