Consumer complaint received 2018-02-28
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: KY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
On this reported date, XX/XX/XXXX received, XX/XX/XXXX, CARRINGTON MORTGAGE SE, now XXXX XXXX XXXX, inaccurately reported to the Credit Bureau, my loan or account status as : Loan modified NOT under a federal government plan. According to the credit bureau report ( attached file ), YOU'VE CHANGED MY LOAN MODIFICATION WITHOUT my consent!!! This move is illegal and I've filed a complaint with the Consumer Financial Protection Bureau ( CFPB ), Attorney General, XXXX XXXX of The State of California where CARRINGTON MORTGAGE SE and XXXX XXXX XXXX headquarter 's are located. I've also filed a compalint with Attorney General, XXXX XXXX of The State of Kentucky where I live. 

Both CARRINGTON MORTGAGE SE and XXXX XXXX XXXX have FAILED to honor MY ORIGINAL loan modification agreement ( attached ) with XXXX, the orignal servicer. This credit report is proof that CARRINGTON MORTGAGE SE and XXXX XXXX XXXX have FAILED to honor mortgage servicing rules requiring the old servicer, CARRINGTON MORTGAGE SE to send the new servicer, XXXX XXXX XXXX any information showing the CURRENT STATUS of discussions with the borrower, ME regarding a loan modification, WHICH CARRINGTON MORTGAGE DID NOT DO -- I HAVE NOT SPOKEN TO CARRINGTON nor HAS CARRINGTON TRIED TO CALL ME!!!! and UNDER FEDERAL RULES, the new servicer, XXXX XXXX XXXX MUST also have policies and procedures in place ( WHICH OBVIOUSLY THEY DO NOT HAVE IN PLACE ) to ensure that it HONORS ( WHICH IT HASN'T ) EXISTING loan modification agreements ( attached ). 

Further violations : On XX/XX/XXXX, according to the NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS ( attached & highlighted ) from the old servicer, CARRINGTON MORTGAGE which stated " NOTHING ELSE ABOUT YOUR MORTGAGE LOAN WILL CHANGE '', well obviously this ISN '' T TRUE according to the attached credit bureau reports WHICH STATES : " Loan modified NOT under a federal government plan '' AND " Foreclosure process started ''!!!! This NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS CONTAINS NO LOAN NUM BER FOR the new servicer XXXX XXXX XXXX. Secondly, I've received no monthly statements showing what my balance is and what I should pay monthly on my mortgage even though this same NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS which contains NO LOAN NUM BER, states " XXXX XXXX XXXX WILL START ACCEPTING PAYMENTS RECEIVED FROM YOU on XX/XX/XXXX. '' Since both you, CARRINGTON MORTGAGE SE and XXXX XXXX XXXX signed an XXXX ; you are both required to follow the guidelines within the Making Home Affordable ( R ) Program Handbook for Servicers of Non-GSE Mortgages, Version 5.2. THE ABOVE IS AN INACCURATE ENTRY ON MY CREDIT REPORT per the Making Home Affordable ( R ) Program Handbook for Servicers of Non-GSE Mortgages, Version 5.2 ; Specifically SECTION 12.2 Credit Bureau Reporting : that states, '' Servicers should report a " full file '' status report to the credit reporting agencies for each loan under HAMP in accordance with the Fair Credit Reporting Act as well as other applicable laws and credit bureau requirements as provided by the Consumer Data Industry Association ( CDIA ). " Full-file '' reporting means that the servicer must describe the exact status of each mortgage it is servicing as of the last business day of each month. '' First of all, Since XXXX XXXX XXXX acquired this loan from CARRINGTON MORTGAGE SE on XX/XX/XXXX and I received the notification in the mail of the transfer, I have not heard from XXXX XXXX XXXX. They have not mailed me my monthly statements showing what my balance is and what I should pay monthly on my mortgage even though the NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS which contains NO LOAN NUM BER, states XXXX XXXX XXXX would start to receive payments from me on XX/XX/XXXX. There has been no introduction of a relationship manager to this date. If they did call me, they didn't leave a message. Please mail me my MONTHLY statements, showing what my balance is and what I should pay monthly on my mortgage. If you had consistently mailed me monthly statements, then I would know what to pay and you wouldn't need to make the following inaccuracies : PLEASE CORRECT ON MY CREDIT REPORT ASAP. SINCE YOU HAVE NOT FOLLOWED THROUGH ON THE FOLLOWING, THEN YOU'RE IN VIOLATION OF SECTION 9. Permanent Modification, OF THE Making Home Affordable ( R ) Program Handbook for Servicers of Non-GSE Mortgages, Version 5.2 ; Specifically SECTION 9.4 Re-default and Loss of Good Standing, Paragraph 4.  MAINLY this section : " In the event a borrower defaults on the modified loan, the servicer must work with the borrower to cure the modified loan ( YOU HAVE NOT DONE THIS ). If this is not possible the servicer must-evaluate the borrower for any other loss mitigation alternatives, e.g., HAFA ( YOU HAVE NOT DONE THIS ), prior to commencing foreclosure proceedings ( YOU HAVE DONE THIS ). 

All of the above are VIOLATIONS of the MHA Handbook Version 5.2 SECTION 3 Protections Against Unnecessary Foreclosure ; SECTIONS 2.2 and 3.4 of Chapter II, respectively. Also, this is a VIOLATION of the MHA Handbook Version 5.2, Chapter IV. Home Affordable Foreclosure Alternatives Program ( HAFA ), Specifically SECTION 3 HAFA Consideration that state : '' Borrowers that meet the eligibility criteria for HAMP but who default on a permanent HAMP modification should first be considered for other loan modification or retention programs ( YOU HAVE NOT DONE THIS ) offered by the servicer prior to being evaluated for HAFA. Notwithstanding the foregoing, Consumer Financial Protection Bureau ( CFPB ) Regulations may require a servicer to consider a borrower for HAFA contemporaneously with considering the borrower for HAMP and other home retention options. '' How can this be when XXXX XXXX XXXX HAS NOT tried to work with me per the MHA Handbook Version 5.2 Guide?

Company response to consumer: Closed with explanation