Consumer complaint received 2021-11-18
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: UT
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
We are again writing regarding the above-referenced matter in which we believe Carrington Mortgage has committed Fraud against XXXX XXXX XXXX and XXXX XXXX XXXX We maintain there is still no clear answer on who is responsible for the above referenced loan. 

We submitted a dispute to Both CFPB and Carrington On XX/XX/2021, Carrington rejected the XXXX as XXXX XXXX Current wife had also signed the XXXX. 
We resubmitted an amended XXXX  to Carrington which they have accepted. On XX/XX/2021 we spoke with two agents at Carrington who advised both names were on the loan as responsible parties and the XX/XX/XXXX sale would not be postponed. I then spoke with the Trustee 's office in XXXX XXXX who advised that the foreclosure sale notice only listed XXXX XXXX as the record owner of the property, even though XXXX XXXX was listed as a Trustor of the mortgage on the Sale Notice ( see Attached ). We again spoke to Carrington on XX/XX/2021 And was again advised both names were on the loan and the sale would not be postponed. We again called the trustee who spoke to someone at Carrington regarding their concern about the Trustee Notice of sale and they agreed to postpone the sale to XX/XX/2021. 

Standard FHA guidelines require servicers to acknowledge complaints within 5 days The standard response time for A NOE is 30 days. Inasmuch as Carrington has not responded to either of the borrowers or their Authorized Third Party Representative either by phone or in writing, we request the current sale date of XX/XX/2021 be CANCELLED so that a clarification can be made of the status of the loan, and the borrowers be given the opportunity of submitting their Loss mitigation Package for Review. If XXXX XXXX is considered the record owner of the property, the original modification offered that was to be effective XX/XX/2021, should not include XXXX XXXX. Carrington believes both parties are responsible pursuant to an error in their XXXX XXXX. The original XXXX read that XXXX XXXX needed to " refinance '' the home in order to remove XXXX XXXX ' name. That was not the party 's Intent. Both parties subsequently filed for Chapter XXXX XXXX subsequent to their divorce. XXXX XXXX reaffirmed the loan in his XXXX, XXXX XXXX did not ( see attached ), XXXX XXXX also signed a Quit Claim Deed in favor of XXXX XXXX as the sole owner of the property See attached ). XXXX XXXX Subsequently purchased her own home under an FHA backed Mortgage, which would be a violation of FHA guidelines if FHA did not believe XXXX XXXX was no longer a party to this loan ( see attached Freedom Mortgage Document ). If XXXX XXXX is not considered a responsible party, XXXX XXXX should be given the opportunity of submitting a package for modification of the loan in his name only. XXXX XXXX 's attorney has corrected the error, giving XXXX XXXX sole ownership of the property. An XXXX XXXX of XXXX is before the court awaiting the judge 's signature. Carrington should cancel the sale and allow this to occur in order to clear up this matter once and for all We therefore believe Carrington Mortgage to be guilty of fraudulently setting a sale date of this property as there are outstanding collateral issues that have not been resolved regarding this matter. 

Please provide update by either phone at XXXX or by email at XXXX Thank you, XXXX XXXX XXXX Utah XXXX XXXX

Company response to consumer: Closed with explanation