Consumer complaint received 2023-01-20
Company: LoanCare, LLC
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
During XXXX I was forced to apply for the forbearance program that was offered due to my work situation. I later did a modification and entered into trial payments XXXX, XXXX and XXXX of XXXX  which we completed and the modification was to be completed by signing off on those documents. We took everything to a notary as requested and mailed everything to Loan Care in a timely manner. We continued to make mortgage payments in XXXX and XXXX. We realized that we had not paid XXXX in error which was not considered late legally until the XXXX several weeks later, I believe XX/XX/XXXX, however, we were denied to make a payment online and ended up calling Loan Care to do it over the phone. We were told we could no longer make payments since the documents weren't notarized properly. This was the first time I heard of this issue. I asked what was wrong with the notarization but the representatives told me there were no notes attached. I then asked for a set of new documents to sign and was promised they would be sent to me. 
This is were the problems started. We never received the new documents. Every couple of weeks I would call and get a different representative. I was always asked why I'm behind with payments and I had to explain every time that I'm not allowed to make payments due to Loan Care not sending me new documents. I started recording the phone calls every time I would request new documents. Someone was always telling me my case would be escalated and new documents would be sent but nobody ever sent anything. After 5 months of this going back and forth Loan Care recorded a notice of default on my home because they tell me I never signed any documents. Because of this I'm getting harassed from people calling/texting me all hours of the day claiming to be brokers and giving me cash offers or mortgage companies trying to take advantage. I'm also in the process of selling my home and it's listed as being in " pre foreclosure '' which is making it hard for me as people don't want to pay the value of the home since they think I need to sell it fast.

The issue was never that we couldn't pay. Loan Care wouldn't let us and I believe the situation happened because of their incompetence and negligence. I also believe what they are doing is against the Fair Debt Collection Practices Act. We are aware they have a lot of complaints against them by reading the reviews. 

RECORDED PHONE CALLS TO LOAN CARE XX/XX/2022 ( XXXX minutes ) Loan Care claims documents were not notarized correctly We had somehow missed a payment after trial payments were finalized but caught the mistake and asked to make a double payment Loan Care never actually told us documents werent correctly notarized. We found this out when we tried to make a payment online and the system wouldnt allow us to pay ( XXXX XXXX  ) Loan Care rep says new documents will be sent to complete the modification ( XXXX ) Loan Care admits its because of them not sending documents in time we are now behind with payments and unable to finalize modification XX/XX/2022 ( XXXX XXXX  ) Because documents were never sent XXXX now asking them to be sent with a tracking number to make sure I receive them Requesting to know the problem with the notarized documents ( XXXX ) Loan Care representative tells us the case will be escalated and new documents will be sent. 
Someone is supposed to call us back but never happened. 


XX/XX/2022 ( XXXX XXXX  ) XXXX told account is in active foreclosure status but foreclosure has not been scheduled. 
( XXXX XXXX  ) XXXX telling Loan Care weve been trying to make payments but but are denied to do so. 
( XXXX XXXX  ) Asking for documents to be resent. 
( XXXX XXXX  ) Asking representative why they are sending threats to foreclose while Im still in the process of doing a modification and asking to pay. Im told they have to by law.

Reminding them that weve asked several times for someone to call us back regarding the modification but nobody ever does. 


XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX ( XXXX XXXX  ) Loan Care representative claims to have put in a request to reinstate and honor the first modification. XXXX will recalculate the terms and prepare new documents to send out to us. XXXX told this will take 4 days. 
Loan Care claims notary information was missing on the documents. Once new documents have been re notarized and sent back to Loan Care they will put a hold on foreclosure process. 

XX/XX/2022 ( XXXXXXXX XXXX ) XXXX asked why XXXX in foreclosure! Explaining once again that its because Loan Care doesnt send new documents and refusing to let us pay. We never received document after our last phone call. 
( XXXX XXXX  ) Loan Care representative tells us documents werent AT ALL notarized. Im now told I wont be receiving any new documents since they expired even though the representative in the previous call promised they would send them. 
( XXXX XXXX  ) asking for supervisor since were not getting anywhere ( XXXX XXXX  ) Loan Care representative claims to have sent new documents every time weve requested them and has tracking numbers to prove it even though he told us earlier in the conversation that the only documents sent out with a tracking number was in XXXX, XXXX. 

XX/XX/2022 ( XXXX XXXX  ) We asked for a supervisor and employee ID of representative who just disappeared. 
XXXX XXXX XXXX comes to the phone. We once again ask for a XXXX. XXXX who claims to be a supervisor comes to the phone.

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