Consumer complaint received 2023-02-20
Company: LoanCare, LLC
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Attention Plaintiff LoanCare , LLC and Counsel of Paintiff XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX CASE NO. XXXX I, XXXX XXXX XXXX am writing to bring to your attention the errors related to LoanCare LLC mortgage loan number : XXXX. In XX/XX/XXXX, the funds of {$45000.00} wired to counsel for Plaintiff ( XXXX ) were not credited to my mortgage by LoanCare LLC. See attached Exhibit 1 which contains the details of the XX/XX/XXXX transaction. 

As per the new federal mortgage servicing rules, servicers are required to rectify errors in the servicing of mortgage loans. I request your prompt attention in addressing the issues described below. 

Mortgage Payment History and Payoff Errors : Upon review, it has been brought to my attention that your client must provide the entire mortgage payment history from XXXX to XXXX. To resolve these issues, LoanCare should comply with defendant 's request for information and collaborate with defendant to return the funds promptly. This will facilitate a quicker and more effective resolution of the errors. See attached Exhibit 2 for your reference. 

Mortgage Principal Balance Error : Your client LoanCare LLC made mistake to provide right current mortgage Principal Balance {$100000.00} as of XX/XX/XXXX per your client LoanCare. I have attached Exhibit 2 ( LoanCare LLC ). It is crucial for LoanCare to assess and determine the optimal approach for resolving these issues. Additionally, an incorrect payoff amount was sought through improper foreclosure procedures. 

Property Tax & Escrow Errors : It appears that your client has failed to pay the following expenses from the escrow account. Defendant paid the property tax for XXXX and XXXX described below. Find attached Exhibit B and Exhibit 6 from XXXX XXXX XXXX XXXX. 

Property Tax for XXXX XXXX, XXXX, amounting to {$6000.00} Property Tax for XXXX XXXX, XXXX, amounting to {$7500.00}. 

Defendant, XXXX XXXX, is objecting to the payoff amount for a property in XXXX XXXX due to errors in the escrow account. Find attached Exhibit B Exhibit 6 from XXXX XXXX XXXX XXXX. 

Original Warranty Deed, Title and Original Principal Amount Errors : Your client failed to provide the original warranty deed with the official XXXX XXXX doc stamp dated XX/XX/XXXX to the Court. Please refer to Exhibit A for further details. 
Additionally, your client did not provide the original title recorded instrument in the XXXX XXXX official Record Book XXXX, page XXXX, dated XX/XX/XXXX to the Court. The relevant documents are attached as Exhibit C. 
Additionally, your client did not provide the original mortgage, in recordable form and encumbering the subject property, in the original amount of {$91000.00}, form XXXX XXXX to the XXXX XXXX XXXX XXXX XXXX recorded Schedule B in the XXXX XXXX official Record Book XXXX, page XXXX, dated XX/XX/XXXX to the Court. The relevant documents are attached as Exhibit D. 

Servicing Error of Mortgage Reinstatement ( XXXX XXXX XXXX ) : Defendant, XXXX XXXX, is objecting to the payoff amount for a property in XXXX XXXX due to errors. I am also bringing to your attention an error in servicing the mortgage reinstatement by your client, XXXX XXXX XXXX ( Loan Number : XXXX ), and the related XXXX XXXX Case XXXX. In XX/XX/XXXX, the funds of {$45000.00} wired to counsel for Plaintiff ( XXXX, XXXX, and XXXX XXXX. ) were not credited to the mortgage by your clients LoanCare XXXX and XXXX XXXX XXXX. See attached Exhibit 10 and Exhibit 1 which contain the details of the XX/XX/XXXX transaction. 

Defendant, XXXX XXXX, request that LoanCare LLC respond to this letter within seven business days and take the necessary steps to correct these errors. Emailing the Internal Audit Department at XXXX and submitting a comprehensive statement detailing the suspected fraudulent conduct under the Whistleblower Protection Policy and Sections XXXX12.3187 and 112.3188 of the Florida Statutes. It is crucial for LoanCare to assess and determine the optimal approach for resolving these issues. 

To : LoanCare , LLC Attn : Mortgage Resolution XXXX XXXX XXXX XXXX XXXX, VA XXXX To : Counsel of Plaintiff XXXX XXXX XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, FL XXXX Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX ( FBI XXXX XXXX XXXX ) XXXX

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