Consumer complaint received 2022-06-18
Company: LoanCare, LLC
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Below is a letter that I sent to the office of the customer. To date Ive not received a response. 

Re : Loan number XXXX XXXX XXXX XXXX XXXX and XXXX I hope this note finds you all doing well. I am writing you on as conservator / guardian of my mother XXXX XXXX XXXX. I have recently been appointed to this role given my mothers official diagnosis of XXXX / XXXX earlier this year. Based on findings from her XXXX she has likely been living with this condition at least the past 5 years. Im happy to share a copy of this diagnosis if helpful as you evaluate this situation. 

In connection with my appointment as conservator, I have been actively working to get a handle on her financial situation. Unfortunately its pretty bleak and we are discovering a situation of maxed out credit cards, online fraud and many other situations that continue to surprise us. 

In connection with receiving access to the referenced loan above, I was tremendously shocked to see that this loan had {$3300.00} of accrued late fees associated with it, knowing that my understanding was that my mother always prioritized paying her mortgage every month. 

I have had a number of conversations with very helpful Loan Care agents who directed me to you, as the only resource to hopefully remedy and rectify this situation. To date, no one has been able to provide me with a detailed breakdown of the accrued fees that resulted in the aggregate balance. It sounds like a significant portion of this was charged prior to Loan Care assuming the servicing for this loan in 2019. 

Im still waiting for a detailed breakdown to learn more ; however, assuming a {$34.00} per payment charge, this would imply that my mother was charged late charges approximately XXXX times, which seems a bit excessive. Based on discussions with agents, it appears that perhaps my mother had incorrectly set up her auto debit at the end of the month vs. the beginning of the month, but has always made consistent monthly payments on her mortgage. Given that this mortgage recently transferred to you all, it is unclear as to whether anyone ever tried to call my mother to make her aware that she had incorrectly set up her auto payment at the end of the month. My mother says that she does not recall anyone ever contacting here, but given her current and prior mental condition, Im not sure we can say that unequivocally. 

We are in the process of getting her property sold and getting her moved into an assisted living facility. Im hopeful that we will be able to sell the property and settle the remaining mortgage balance and pay you guys in full. However, I am asking for your sympathy given the circumstances associated with the situation and waive/ write-off these excessive, and I could argue potentially deceptive and predatory late fees that unfortunately were charged XXXX times to an elderly woman who made a monthly payment every single month, based on my records but somehow set up her auto draft to occur at the end of the month, versus the beginning of the month. 

Please dont hesitate to contact me directly at XXXX or at XXXX if I can be of further assistance or provide any additional information

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