Consumer complaint received 2022-08-18
Company: LoanCare, LLC
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX, I was served at my home, a civil action summons in which XXXX XXXX XXXX by/and LoanCare stated that I owe {$89000.00}. However, an alternate amount owed is stated as {$94000.00}. This differs from the {$89000.00} by {$5200.00}. 

I was in COVID forbearance until XX/XX/XXXX. No payments were mandatory in XX/XX/XXXX. My online account was inoperative so I could not check my statements. I had to call on XX/XX/XXXX and request a statement. ( I have the email they sent to me with my statement as proof ). I also sent a written request asking for loan terms as per XXXX  and XXXX allows me on XX/XX/XXXX and XX/XX/XXXX. They did not respond to either. 

I sent a FDCPA letter on XX/XX/XXXX that was not responded to. The Attorney stated I had until XX/XX/XXXX, to respond, but XXXX and the representing attorney have not responded to requests for loan information that should be provided according to TILA, XXXX and FDCPA statues. 

I also spoke with LoanCare/XXXX XXXX  on XX/XX/XXXX, and XX/XX/XXXX, regarding my XXXX ( Homeowners Assistance Funds ) Application. I made them aware that it was pending. Although they were aware that my XXXX application is pending, I was still referred to foreclosure. 

I am requesting in this complaint that each of these XXXX  questions to be addressed and answered fully with an explanation. I would like this information for myself, for the CFPB and for consumers who may have the same issues. 

1. What are the missing documents, if any, that you NOW need for my loan modification/loss mitigation package that was sent in XXXX, XXXX and XXXX of XXXX? 

2. As you can see in the information attached, the attorney sent a different amount than the principal balance that you stated I owed. Per XXXX  and XXXX, please explain ALL the fees that has been added to the principal balance of {$89000.00} that makes the amount owed of {$94000.00}? ( If that amount is incorrect, please send correct amount owed along with ALL fees. ) 3. The CFPB encourages servicers to provide borrowers with sufficient time to move through the XXXX application process prior to proceeding with foreclosure, as per a statement released by the CFPB in XX/XX/XXXX. As per CFPB, are you going to halt or cancel foreclosure proceedings based on my XXXX application in pending status since XX/XX/XXXX ( evidence attached in CFPB complain filing and was communicated XXXX XXXX XXXX )? Please answer this with a yes or no AND an explanation of the yes or no response. 

4. Qualified written request, notice of error and information request was sent to LoanCare LLC at XXXX XXXX XXXXXXXX XXXX XXXXXXXX, XXXX XXXXXXXX. Please let me and the CFPB know your procedures when qualified written request, notices of error, and/or information request is sent to the wrong department. How do you reroute it to the correct department? What is your procedure and routing consumer request to the correct department, or do you just discard it or ignore it? 

5. CFPB Examiners found ( in a recent CFPB release ) that mortgage servicers violated Regulation X because the servicers didnt evaluate the borrowers complete loss mitigation applications and provide a written notice stating the servicers determination of available options within XXXX  days of receiving borrowers applications. Since I received no postal or written mail information regarding any of the loan modification and loss mitigation applications sent on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, will you retract and remove this damaging foreclosure/civil action from public record? Please answer this with a yes or no AND an explanation of the no response. 

6. It has been confirmed from the FHA and multiple attorney generals that multiple mortgage servicers alleged failure to adequately implement Covid-19 recovery loss mitigation options for eligible borrowers. The pre-pandemic payments on my loan had a flat interest rate of XXXX XXXX, and Principal and Interest Payments of {$370.00}. It is my most recent loan modification before COVID-19 issues. The full payment amount was {$620.00} ( including insurance and property tax ) and {$620.00} is affordable. The COVID-19 Recovery Modification targets a XXXX percent XXXX XXXX XXXX reduction without the income documentation requirement. The XXXX targets a XXXX percent XXXX reduction with income documentation. This was never offered to me previously. Partial claims are also available on my FHA loan. 

My final question : Will you offer me this now that you have received my loss mitigation application, bank statements, income, letters of explanation of me and my spouse and household expense information? Please respond to this question by stating if you are allowing or denying me from receiving The COVID-19 Recovery Modification or the XXXX and reasons why . 

This dispute will be resolved once each of these questions have been answered completely, honestly, and in a timely manner.

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