Consumer complaint received 2021-07-28
Company: LoanCare, LLC
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I filed Chapter XXXX Bankruptcy on XX/XX/XXXX and a confirmation date was on XX/XX/XXXX. The company servicing my mortgage changed from XXXX to Loancareand they were going to responsible for collecting my payments starting on XX/XX/XXXX. XXXX provideda escrow statement at that time stating my payments were going to be {$660.00} starting XX/XX/XXXX. The Notice of Transfer sent from Loancare also stated payment amount would be {$660.00}. In XXXX my Bankruptcy attorney advised me that my statement amount is actually {$730.00}, based on what was filed with the courts and listed on the statements that they received. ( There was a change in escrow. I made payments of {$730.00}. My attorney and I requested that the lender send all statements to my primary home in XXXX. Neither of us received statements for months, but I continue to make payments based on the amount of {$730.00} that was provided to me. Later in the year I received a notice that they had not received the payments from me for months. I was shocked because I knew I had made payments. It was later determined that they had received the payments, but they were applying my payments to someone elses account and mailing my statements to the wrong address. Once this was all confirmed by Loancare they still attempted to pursue litigation. In XX/XX/XXXX thaer was a hearing by the bankruptcy court which the judge threw out the case and indicated that I had made all required payments. In XX/XX/XXXX I realized tha t the billing statements still were not correct. I attempted to address this with the lender and did not get a resolution so I filed a compliant. Before the complaint was complete the lender sent me an email on XX/XX/XXXX stating that due to teheir error they would resolve the matter by crediting my account {$4100.00} to make up the difference up to XX/XX/XXXX. I did not pursue my complaint any further because of that email. 

I received an escrow dated XX/XX/XXXX stating that my future payments would be {$860.00} starting in XX/XX/XXXX. I made payments for {$860.00}, but notice that that the statements were still not correct. The credit was never applied and the billing statements were now showing that my monthly payment amount is {$1100.00} and there was a past due amount. I attempted to contact Loancare and they email me on XXXX XXXX stating they will not honor the credit that they promise because they are not required to because the home was a rental property. 

My issues is if the judge found that my payments were on in XX/XX/XXXX. Why would would Loancare carry over any charges into the following year. Also, why is the escrow statements and monthly statements not reading the same amount. 

I'm concerned that my payments are not being applied correctly, my principle amount is not being adjusted correctly and lender is not ethical enough to honor their agreements. I feel the lender will attempt foreclosure again without trying to provide a proper resolution.

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