Consumer complaint received 2021-12-15
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Summary : 1. The home at XXXX XXXX XXXX has an estimated value of ~ {$600000.00} and a principle balance of {$270000.00}. 
3. The home is under a Court Order ( Consent Order ) for Equitable Distribution to sell the home and distribute the equity by the North Carolina XXXX XXXX XXXX, XXXX NC. 
2. XXXX XXXX sold the mortgage/home to a private mortgage company, Carrington : a. While the homes was in foreclosure, misrepresenting to me/owner the mortgage was just being " serviced by Carrington, not sold to them. 
c. While still under the COVID Cares Act forbearance and interfering with the efforts to following the Court Order process of selling the home. 
d. As the home increased in value due to the Pandemic taking advantage of the Pandemic effect on the owners inability to pay or move and the economy to package the home as an asset and sell to Carrington . 
e. Instead of selling auction per state law to the highest bidder. 

2. Carrington removed the home from the Cares Act forbearance using deceptive calls asking " do you want the home '' and increased the principle balance from {$270000.00} XX/XX/XXXX to {$310000.00} XX/XX/XXXX with their specific fees and cost interfering with my process of following the Court Order with the real estate agent to sell the home. 
a. Carrington placed the home back on the COVID forbearance with the fees added. 

3. Carrington adds {$700.00} per month in payments to the mortgage payment without explanation, and will continue until the own all the {$300000.00} of equity and increasing the payoff until the we owe them after selling the home in foreclosure. They will not sell the ask for a foreclosure sale date until all the equity is added back by their fees and processes and the owners owe them. 

Detail explanation : XX/XX/XXXX the home owners, XXXX XXXX XXXX and XXXX XXXX XXXX, voluntarily submitted to a Court order for XXXX XXXX sale of the marital property at issue in this complaint ( XXXX XXXX XXXX, XXXX NC ) by a Consent Order of the XXXX XXXX XXXX XXXX North Carolina ( attachment XXXX ). 

XX/XX/XXXX The Court Order was signed by an Court as an Order of the Court and specifically ordered the home placed on the market by XX/XX/XXXX. XXXX XXXX XXXX remained in the home and the Court Order ordered XXXX XXXX XXXX to pay the mortgage until sold, and ordered the real estate agent and owners to reduce the price until sold to assure a quick sale. 

XX/XX/XXXX XXXX XXXX XXXX decided abandon the mortgage by : 1. living in the home without paying the mortgage ; 2. Refusing to respond to XXXX XXXX inquiry/Collection efforts ; 3. Refusing to sell the home to avoid foreclosure, inexplicably living in the home without paying mortgage or signing the agreement with the real estate agent to sell the home ( attachment 2 ). 

XX/XX/XXXX, the Home fell into foreclosure for a second time while the home was with XXXX XXXX. XXXX XXXX XXXX continued the process of abandoning the mortgage by refusing to respond to calls from XXXX XXXX for payment and refusing to sell the home, inexplicably choosing to loose the home in foreclosure. 

Note : A foreclosure sale at that time would have paid the principle balance ( {$270000.00} with an ~ $ sale value of {$540000.00} ), penalties, and processing cost of the bank leaving the owners with equity of at least {$140000.00} to be divided per the Order of the Court. 

XXXX XXXX XXXX continued communications with XXXX XXXX and Now Carrington Mortgage company. 

XX/XX/XXXX Owner XXXX XXXX XXXX filed a motion to enforced the Consent Order Order of the Court to sell the home with a Contempt of Court and Show Cause to force XXXX XXXX XXXX to respond to the real estate agent and sell the home ( attachment 3 ). 

XX/XX/XXXX, however, while the home was in foreclosure but before a sale date was set, XXXX XXXX XXXX submitted a request for COVID forbearance relief to XXXX XXXX under the CARES Act. 

XX/XX/XXXX While I ( XXXX XXXX ) continued to communicate with XXXX XXXX on the sale of the home before the end of the COVID relief and foreclosure, XXXX XXXX used the value increasing value of the home, occurring due to the pandemic, to package the ~ {$300000.00} in equity as an asset and sell the mortgage to Carrington while the home was in foreclosure and under the Cares Act. 

The process of the sale to Carrington interrupted the process of getting the home sold and with the real estate agent as XXXX XXXX mislead with the correspondence that the home mortgage was being serviced by Carrington and not sold to Carrington. 

XX/XX/XXXX, for more than two months after the sale to Carrington by XXXX XXXX, I could not contact them and continued to correspond with XXXX XXXX for an explanation as to why the mortgage was sold to Carrington while still in foreclosure. 

From reviews, it was clear Carrington would use methods to take the equity in the home and force the owners to abandon the home and equity or owe them after the foreclosure sale after taking the equity in fees, etc. 

XX/XX/XXXX Carrington began calling and asking " do you want the home '', I explained that the home should not have been sold to them while in foreclosure. I explained I was in the process of being placed on the market to sell within a month of placing on the market. 

Carrington then removed the home from the COVID CARES forbearance stating that my explanation was that I was abandoning the home and wanted it sold in foreclosure. I requested all correspondence be in writing at that point. 

A payoff was then sent at my request which listed the payoff {$310000.00} with their processing fees, attorney fees, etc. which was an increase t in the principle from {$270000.00} in XX/XX/XXXX at XXXX XXXX. Please note the home was still under the COVID Cares act forbearance with Carrington when the principle increase was sent. 

While in the COVID Cares forbearance Carrington stated they would add $ XXXX to the the mortgage payment, which will increase the amount owed to pay off the home at a private sale or public foreclosure until all of the equity is owed to Carrington and we owe them money. 

Under FHA rules, I have the right to take up the mortgage if XXXX XXXX XXXX signs over the home in a deed in trust but Carrington representatives by phone state, with a nasty creditor attitude, they do not get into all that personal stuff and I can not get an address to send the Court Order ( attachment 4 ). 

I will only provide documents the Companies do not have and documents I attempted to send to them for the purpose of equity when the home is sold ( The Consent Order of the Court ). 

I need : 1. a detailed accounting of all fees added and when added. 
2. the Federal ( FHA XXXX HUD XXXX etc ) and NC state rules and laws allow these additions normally and under the Cares Act. 
3. Return to the principle state of the loan while with XXXX XXXX, before Carrington addition.

Company response to consumer: Closed with explanation