Consumer complaint received 2022-10-25
Company: LoanCare, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX               I calXXXX XXXX XXXX/Loancare and take them up on their offer to get forbearance. I understand this to mean that since my ability to make payments has been negatively impacted by the Covid-19 pandemic. Although my loan was current at the time, it is a temporary pause of my mortgage payments. I can put these monthly payments on the back end of my mortgage or restructure the loan at a later time to assist with my loss of income directly related to Covid.

XXXX XXXX       I skipped these 6 payments because I was in the Covid-19 forbearance plan. XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX. It lists the last 6 months as being delinquent. XXXX XXXX XXXX          I call XXXX XXXX asking why it states on my statement that I am delinquent since I was approved for the forbearance. They said pay no attention to that. I told them that I was VERY uncomfortable with that and I was worried it would affect my credit rating. They reassured me not to worry and no notices were being sent to the credit agencies because I was in forbearance. 

XXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX. It also added a late fee of XXXX which I dont understand. XXXX XXXX XXXX        Loancare sent me statement confirming I am in the Forbearance with them and action is required because the program is about to expire. It lists 5 options for me. Reinstatement, repayment, loan modification, deferment, or request an extension on your existing extension. I called during this month and was granted an 4 month extension. I also addressed the late fee of XXXX and it was waived. Proof of that showed up on the next statement.

XXXX XXXX XXXX XXXX  Monthly statement dated XXXX  says the total amount due is XXXX XXXX XXXX XXXX XXXX XXXX  Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX    Sales were starting to pick up so I made a payment thru my XXXX billpay to them for XXXX XXXX XXXX XXXX XXXX  Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX  Skipped these 8 payments because I was still in the forbearance plan. 

XXXX XXXX XXXX XXXX  Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX         Loancare sent 3 letters dated XXXX XXXX XXXX XXXX saying that my forbearance plan was ending at the end of XXXX. It explained I had 5 options and needed to make a choice before the end of the month. I called and stated my income was getting better and I anticipated getting to the point where I start making payments again in 4 months, (120 days).Before the end of XXXX XXXX

XXXX XXXX XXXX XXXX Monthly statement dated XXXX says the total amount due is XXXX XXXX XXXX XXXX XXXX  Monthly statement dated XXXX  says the total amount due is XXXX XXXX XXXX XXXX     My income was starting to come back some more. I thought I could resume making monthly mortgage payments. So I called XXXX XXXXLoancare to see about resuming monthly payments. They said I could. They told me about a Flex Modification Loan. The stated they would take me off the forbearance plan. At this point there was 14 monthly payments that needed to be made up. Approximately XXXX.  All I had to do now was make the next 3 payments of XXXX on time as proof I could do it and I would be back on monthly payments again. I said I would do that!

This is where everything seems to start going wrong

XXXX XXXX XXXX  Letter arrived from Loancare dated XXXX describing the details of the Flex modification trial period plan. Sounded great. So I called Loancare to let them know. Then I set up the next 3 payments in my XXXX billpay account to make sure they would arrive on timeXXXX XXXX XXXX XXXX XXXX Monthly statement dated XXXX  says the total amount due is XXXX On the statement under the Recent Account History column it lists the last 6 months payments as not being made with nothing describing the forbearance program. It also says, You must pay XXXX  to bring your loan current. I called loancare and they said dont worry about it. XXXX XXXX XXXX  I went on the website myloancare.com and checked on my loan. It stated that my loan modification was still pending because they had not received a response by me. Uggghhh! So I called. They stated since I had filled it out and returned it just must not be in the system. 

XXXX XXXX XXXX XXXX XXXX  via XXXX billpay on time. 1st of 3 initial payments.

XXXX XXXX XXXX XXXX Monthly statement dated XXXX  says the total amount due is XXXX It also noted that it had received and applied my XXXX XXXX payment of $XXXX XXXX XXXX XXXX XXXX via XXXX  billpay on time. 2nd of 3 initial payments. XXXX XXXX XXXX XXXX  Monthly statement dated XXXX. It noted that it had received and applied my XXXX XXXX payment of XXXX. It also states that they charged me XXXX for an attorney cost?

XXXX XXXX XXXX         Paid XXXX via XXXX  billpay on time. Last of 3 initial payments. XXXX XXXX XXXX XXXX Monthly statement dated XXXX. It noted that it had received and applied my XXXX XXXX payment of XXXX. It also states that they waived the XXXX attorney fee? XXXX XXXX        Received a letter from Loancare stating that this is a formal notice by Loancare, LLC, the Servicer of my loan, on behalf of XXXX XXXX XXXX XXXX  that I am in default under the terms of documents creating and securing my loan. That I had to pay the full amount of default in the next 5 weeks. XXXX They listed the mortgage payments from XXXX XXXX XXXX  as proof! Nowhere did it say anything about the Covid Forbearance program or the Flex modification program that I was already 3 months into!

XXXX XXXX XXXX           I called Loancare again because I was livid! It made no sense! They explained it must be a mistake because it clearly shows I am in the Flex modification program. They said not to worry they would make a note in my file. I exclaimed that I keep calling them and its as though their company doesnt know whats going on! I asked what my new payments are and he said I just needed to continue making payments on time of the same amounXXXX XXXX XXXX XXXX         Paid XXXX  to Loancare via XXXX  bill pay. XXXX XXXX XXXX XXXX Monthly statement dated XXXX  Total amount due is XXXX XXXX XXXX XXXX           Paid XXXX to Loancare via XXXX bill pay. XXXX XXXX XXXX        Loancare returned my XXXX. payment via XXXX billpay. At the time I didnt realize it

XXXX XXXX XXXX         Loancare returned my XXXX payment via XXXX billpay. At the time I didnt realize it XXXX XXXX XXXX XXXX  Monthly statement dated XXXX  Total amount due is XXXX  It also charges me for an inspection fee of XXXX XXXX XXXX  and XXXX (XXXX plus a late charge assessed of XXXX total of XXXX XXXX XXXX XXXX         Paid XXXX  to Loancare via XXXX bill pay

XXXX XXXX XXXX       Loancare returned my XXXX payment via XXXX  billpay. At the time I didnt realize it

XXXX XXXX XXXX        Paid XXXX via XXXX  bill pay

XXXX XXXX XXXX       Loancare returned my XXXX  payment via XXXX  billpay. At the time I didnt realize iXXXX XXXX XXXX XXXX    I noticed that I had an additional XXXX  in my checking account. After looking into it, I noticed that the last 4 Loancare monthly mortgage checks were returned back into my XXXX XXXXccount! I am fit to be tied! I called Loancare and they stated I had to make up the payments or it would go into foreclosure! Even though they dont know why they keep sending back my monthly payments! They instructed me to pay XXXX right now and continue to make payments XXXX  thereafter. I paid the XXXX while on the phone. XXXX XXXX XXXX  Received in the mail from Loancare a letter dated XXXX XXXX XXXX stating that they were are concerned about your recently missed payment. Our records indicate that you have missed 18 mortgage payments and my account is 529 days past due.  Uggghhh! I am assuming they meant the 14 monthly payments during the forbearance and the 4 payments they sent back to me. This was one day before I talked to them on the phone on the XXXX XXXX XXXX and paid XXXX XXXX XXXX XXXX    Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX stating under recent account history that no payments made in the last 6 months (incorrect). Plus they were charging me an additional XXXX  for an inspection fee(?) and that I must pay XXXX XXXX  to bring my loan current. XXXX XXXX XXXX          Paid XXXX via XXXX bill pay as instructed 3 weeks previous. XXXX XXXX         Loancare returned my XXXX payment of XXXX via XXXX billpay XXXX XXXX XXXX       Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX stating that I Recent Account history shows no payments in the last 6 months? Total amount due is XXXX XXXX XXXX XXXX XXXX XXXX via XXXX bill pay

XXXX XXXX XXXX       Loancare returned my May payment of XXXX XXXX XXXX  billpay. XXXX XXXX XXXX       Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX As usual it is showing that I have not made any payments?  And that I must pay XXXX to bring my loan current. 

XXXX XXXX XXXX        Also, received a letter from Loancare stating that Our records indicate that we have not received your mortgage payment. This letter serves to notify you additional late charges blah, blah. Ugghh!

JXXXX XXXX XXXX XXXX XXXX via XXXX  bill pay

XXXX XXXX XXXX      Loancare returned my XXXX payment of XXXX XXXX XXXX billpay.

XXXX XXXX XXXX        Received monthly statement dated XXXX XXXX XXXX from XXXX XXXX  stating that I had not paid the last six months, (incorrect). Plus they were charging me an additional XXXX for attorney fees and another XXXX for an inspection fee(?) and that I must pay XXXX to bring my loan current. XXXX XXXX     I dont know the exact dates because I didnt make notes. However, I did call a   few times during this timeframe and would receive different answers on what to do. Each time I would be placed on hold. After being on hold for a long time, they would say things like, We dont completely understand. I dont know why your checks keep coming back, etc..). Some said it was because of a title issue? I informed them that I had someone look into my county public records and nothing new was attached to my title since XXXX XXXX  had taken control of my mortgage in XXXX XXXX XXXX. But they kept saying that I would receive a package in the mail, to watch for it, AND someone would call me back. It never happened.

XXXX XXXX XXXX        My wife and I took a huge hit on our credit rating because of late payments reported by Loancare. I call again! I get the same run around answers. Ill make a note, I dont understand, someone will call, etc..

JXXXX XXXX XXXX XXXX XXXX  via XXXX  bill pay XXXX XXXX XXXX         Loancare returned my XXXX  payment of XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  assigns my mortgage to Loancare, LLC. 

XXXX XXXX XXXX          I FINALLY get a letter from Loancare titled, Results of your Dispute Investigation. It basically says, (incorrectly) they completed an investigation and determined that the information reported was accurate. UGGHH! XXXX XXXX   Approximate date. I called and spoke to someone who told me to stop paying my monthly payments. I would receive a loan modification package in the mail, bah blah,,

XXXX XXXX XXXX   I am starting to take notes. Nothing about this is making sense to me. My XXXX for my wife and I are through the roof! We dont understand why no one can seem to help us and whenever we talk to someone on the phone, their information does not match up to what other people have told us, nor does any of this information match the monthly statements.  I call once again and speak to anyone who can help me. After a long time of reviewing notes pertaining to my mortgage this lady says the only way we can stop the impending foreclosure is to send them the full amount owed. Something like XXXX  I still dont understand. I offered to pay the amount of the money they keep sending back to me because I still have that in the bank. But I dont have the amount that was covered in the Covid forebearance program. At one point she says, the minimum they might accept to stop the foreclosure would be around XXXX  I start to making out the payment in my XXXX XXXX XXXX bill pay to send in 2 weeks while I am on the phone with her.  We cant come to an agreement on anything and I am completely frustrated because she cant answer why they sent the money back or why they are foreclosing on me. At the end of the call, I plead with her to speak to someone who can actually help me. She transferred me to someone higher up than her. XXXX, the Team Leader in Loss Mitigation. Again after a long time of reviewing notes pertaining to my mortgage, He seems like he is sympathetic to my plight but tells me the same thing I keep hearing. Such as, stop making payments, a new loan modification package is being sent to you, etc he seems to think we can get a loan modification. Something similar to the one we did in XXXX XXXX and XXXX of last year with no money down. This sounds reasonable!  He ends our conversation saying that if I dont hear back from him or receive a package, call him back and ask for XXXX  the Loss Mitigation Team Leader.

XXXX XXXX XXXX         Since I had not had a phone call from XXXX or a new payment plan package in the mail, I paid my XXXX  monthly payment of XXXX via XXXX bill pay. Just in case XXXX XXXX XXXX       Now I call back asking for XXXX. I get XXXX  She tries to transfer me but he is in a meeting. She puts me on hold and, you guessed it, after a long time of reviewing notes pertaining to my mortgage, she comes back and very sympathetically is trying to help me. However, she doesnt understand why their company is not accepting my payments or why I am being foreclosed on. She will try to get a new flex modification loan, send me a package, and try and suspend the looming foreclosure. She says she will personally look into it. XXXX XXXX XXXX        Official Foreclosure Papers are served to me personally. Interesting to note is document D as proof of nonpayment lists XXXX XXXX XXXX, (14 months) of the time I was in the forbearance program. Then lists XXXX XXXX and XXXX of XXXX  as not paid. Those were the first 3 months of my Flex modification program which I sent and they received on time! Dates Loancare received: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX1. See previous entries XXXX XXXX and XXXX XXXX XXXX.   Doesnt make sense!  Ugghh!

XXXX XXXX XXXX        Received a letter from Loancare stating,Were following up on an online payment we recently received from you. We wanted to let you know that we are returning your payment to the originating online bill payer service because your loan is paid in full. If you havent already, be sure to turn off any automatic payments, etc..  This doesnt make ANY sense!

XXXX XXXX XXXX          Call Loancare again. SurprisinglyXXXX XXXX answers. She tells me not to worry, that my loan is currently in underwriting of Loss Mitigation. If approved, the foreclosure will be suspended. That would be great. All because someone in your company cant figure out what went wrong, how to fix it, and how to undo all the wrong things that have been done unjustly to me and my family. Other than the 14 month forbearance,(approved by Loancare), I have made every monthly payment. Why are they doing this to us?

XXXX XXXX XXXX       Loancare returned my XXXX payment of XXXX via XXXX  billpay. No surprise XXXX XXXX XXXX XXXX  billpay Payment to Loancare to stop the foreclosure of XXXX  that was scheduled 2 weeks prior,(see XXXX XXXX note). I did NOT realize that it was sent. I thought I had started to fill it in, but did not finish it because I came to an agreement with XXXX  when I was still on the phone with them on XXXX XXXX XXXX XXXX XXXX      Contacted attorney to file a written response to the foreclosure summons served to me on XXXX XXXX at XXXX  I have 20 calendar days to file the response, (XXXX XXXX  by XXXX).

SXXXX XXXX XXXX      Since no one has EVER called me, I call Loancare. I have asked to speak to XXXX or XXXX Neither one can be located. XXXX  says that my foreclosure has been suspended as of yesterday. I told her thanks but I am going to have to proceed as if it is not true since this company has misled me many times before. However, I would really appreciate it if XXXX, Team Leader would call me back as soon as possible! 

                               A couple hours later, XXXX the Loss Mitigation Team leader calls me back. This is the first and only time an actual human has called me back! He also confirms that that my foreclosure has been suspended. I told him I wont believe it until I get something in writing. He states he cant do that. I told him I was served the foreclosure summons on XXXX XXXX  at XXXX. I have 20 calendar days to file the response, (XXXX XXXX by XXXX). I needed to have an attorney type a letter to be filed in response. I ask what it should say. He says, The mortgage company has informed me that on XXXX XXXX  the foreclosure has been suspended and is currently in loss mitigation to work on a loan modification for me now. He also said that he has a form to email me. It would be very helpful for me to fill out and send back to their company to help with the title search. I said I would. I also said I wanted him to understand what I have gone through this last year and I wanted to send him this Chain of Events. All I have wanted is someone to hear me, understand what I have gone through, and try to do the right thing and help me through it. XXXX XXXX XXXX     Went down to the Clerk of the Circuit Court, XXXX XXXX, FL to file a letter (at XXXX) responding to the foreclosure summons I received on XXXX XXXX at XXXX XXXX. Stating that, I spoke to XXXX, (Loancare, LLC) Leader of Loss Mitigation, on XXXX XXXX. He verbally told me that this foreclosure was suspended the day before on XXXX XXXX XXXX and was currently in Loss Mitigation, and the mortgage company was working on a loan modification for me. I asked for a written verification and he refused to give one to me, and said his word should be sufficient. Therefore, I am writing this response to cover my bases and asking for an extension of time to confer with an attorney regarding what my options are, and what I should do. I have complied with all the terms of my mortgage contract and have paid all monthly payments on time with preservation of payments made.

XXXX XXXX XXXX    Received a Flex Modification Trial Period Plan Solicitation Offer in the mail. It was dated XXXX XXXX XXXX. This is VERY similar to the one sent to me dated XXXX XXXX XXXX. All I have to do is pay XXXX  in XXXX XXXX  and XXXX But now I have to make the payments to XXXX XXXX mortgage. 

XXXX XXXX XXXX    I emailed to Loancare, attention XXXX in Loss Mitigation, the Statement of information, they requested. XXXX XXXX XXXX    The payment I started to make out to Loancare for XXXX (as described in earlier dated entry of AXXXX XXXX XXXX) went through to Loancare. This is a huge mistake! I was SO flustered on the phone while I was talking on the lady on the phone, I didnt realize I had completely sent it. I thought, well, they send most of my XXXX  billpays back anyway. XXXX XXXX XXXX XXXX  called Loancare, spoke to XXXX, to let them know I accepted the terms of the Flex Modification Plan and my first 3 payments will be on time.

XXXX XXXX XXXX        My 1st of 3 trial payments towards the Flex Modification Program is paid to new residential for XXXX via XXXX billpay. 

XXXX XXXX XXXX     I call and spoke to XXXX? I told her that the XXXX they just received on XXXX XXXX was a huge mistake I made. She confirms I am in a new loan modification plan and my foreclosure is suspended. She informs me that I had incurred 3 attorney charges this last month totaling XXXX. They would keep that amount and they would send me a refund check for the rest. Which was XXXX. While I was steaming mad that I had to incur more charges I shouldnt have to, I relented and said fine.

XXXX XXXX    I look in my mail and see a letter from Circuit Court in XXXX XXXX giving me a Uniform Order of Referral to Foreclosure Mediation. This is driving me crazy! Now I have to hire an attorney again XXXX XXXX XXXX    I call Loancare Loss mitigation, and get XXXX I politely ask for Team Leader XXXX. She tries unsuccessfully. I tell her briefly my 2 challenges. I havent received my refund I was promised and why is the foreclosure still proceeding? She connects me to XXXX  He answers my 2 concerns by saying they are not giving me my refund that was previously promised. They have taken upon themselves to apply it towards my balance. I tell them that this is all the money I had and this will severely hurt me and that is NOT what we discussed on XXXX XXXX or what we agreed to when we started the new Flex modification plan. He then told me that the foreclosure is only suspended in their office. He doesnt have any control over the attorneys. Until all 3 payments are completely made and I officially have a new loan will the foreclosure completely stop. I dont understand why I cant have an extension of time until all 3 payments are made? Isnt that what suspended means? 

I can and will produce all proof and documentation supporting everything listed above if requested however, I believe you can easily see on my account the forbearance timeframes, the constant communication, timely trial payments, timely continued monthly payments there after. 

In summary,       This company has told me one thing, then did another too many times.           My wife and my credit have been ruined. Because of the stress and XXXX  we are under, we are yelling at each other for the first time in our happy marriage. She has had 3 bouts of XXXX XXXX  within the last 3 months and my XXXX XXXX is remarkably high. We cant get a decent car loan now, or refinance our mortgage! House hunters are calling me and my wife on our cell phones constantly. They are even calling me at my work telling my employees that my home is in foreclosure! Im getting tons of letters from attorneys and house hunters. There are even people showing up at my house telling my daughter we are getting foreclosed on! I have followed the rules and made ALL my payments, every month after the Covid Forbearance, (which was approved by Loancare). The amount of XXXX  is about to XXXX me. The amount of hours I have spent on the phone with this company has been astronomical! I have even contemplated XXXX for the first time in my life.

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