Consumer complaint received 2019-06-21
Company: LoanCare, LLC
State: AZ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
This email was sent to them on XX/XX/XXXX. 

Hello, I'm sure that this communication will also fall on deaf ears just like all my other communication with you as a servicer of my mortgage loan. What I am extremely upset about is the lack of communication from anyone at Loan Care about the loss mitigation of my loan. Absolutely no one called directly from there and then XX/XX/XXXX a letter was sent out that I received on XX/XX/XXXX stating that my loss mitigation request was denied and no reason was given. Nothing. Still no phone call. I call in directly to speak to someone in collections and she says she also does not know why my loss mitigation request was denied. I was then told by another representative that a certified mailed letter was sent and I NEVER received that. There's proof of that I'm sure because that has tracking information. Then on XX/XX/XXXX I called to state that I would have the funds to pay my past due in full by the following week. I call in on XX/XX/XXXX and was told you will not accept my payment because my loan was sent for foreclosure to lawyers. I was then taunted with today XX/XX/XXXX that I could of paid at any time via XXXX   today and that payment would have posted. My point here is that I was communicating with you and you never had the will to call me, email or send me an sort of breach expiration date. Nothing. The communication there isn't lacking, it is nonexistent. Now, in order to reinstate my loan I have to pay over {$1200.00} in fees. That is not acceptable. I did my due diligence to communicate exactly what you wanted to hear, which is when I would make the payment and you proceeded to ignore everything and not only make things more difficult, but also collect fees that should of never been collected. Let me also say that I had a previous loss mitigation request that was approved and again I never received a call or email stating anything about that. Nothing. My frustration lies in the lack of communication and my preferred communication which was first Email and then second phone. You obviously don't listen to your customers that you service. In addition, I never signed for or received any certified mail that you say you sent. Nothing. Also, you assume that people can check them mailbox every day and I physically can't. At best I check the mail every two weeks and sometimes longer depending on my own personal circumstances. I should of received everything via my preferred way of communication but was not given that opportunity by you. I have also been asked many times what circumstances led to me being unable to make my payment. I also stated the reason many times and this too has got me nowhere so why keep asking. I still do not know why the last loss mitigation request was denied because that too has not been communicated. I was also never told that my first loss mitigation case was approved until I logged into the website to see it was an option. I then proceeded to make that monthly payment through the website and when I never received a confirmation email I called the next day and was told that the payment plan was terminated for nonpayment. Again, no one had answers as to why my payment was not processed. Nothing.again. The trend here is that no one communicates and no one cares. There are reasons why XXXX XXXX has won multiple awards for servicing loans. It's because they communicate with their customers. How hard would it of been to call me or email and say, " Hey, Mr. XXXX we are going to submit your loan to foreclosure for nonpayment unless you can make a payment today. '' Why was that never done? Because you don't care to communicate that's why. All the evidence is there that my preference of communication was ignored. Why was this the case? Why was I ignored? I know I was ignored also because I asked for a call back from a supervisor and never received one. I had to call in and ask for a supervisor again. Why should I have to call in when you make a promise to call me back? Why is that a problem? Shouldn't you always return calls or communication in 24 hours or less or at least 1 business day? I still received no reason as to why you don't return phone calls and was only told you apologized that happened. This is the norm there. Never be proactive or admit a mistake and make the customer suffer. Most businesses that serve customers want to retain their customers and also make them happy. What are you going to do to make me happy after my frustrating experience with your lack of communication? What sort of compensation do I deserve for being ignored? I know what you are thinking already. You deserve nothing Mr. XXXX because if you would of paid your loan on time then you would of never experienced the worst side of our business. Now that I've experienced possibly the worst of your business do you even care? The circumstances for me not making my payment and my intention to pay is clear. My dad passed away and that was an enormous expense and my wife was on XXXX from work during a very rough XXXX. But none of that matters I know. It doesn't because I have said it over and over again and no one cares. There's zero compassion for your company. I've researched all your complaints. They are consistent with lack of communication and also lack of keeping promises. Now after reading all this you probably still don't care but I feel better letting you know how horrible your company is. I expect no one to do anything about this complaint because so far no one has taken action on anything. Unfortunately, borrowers can choose from whom they borrow, but they cant decide who services their loan. That's the predicament I am in. Now what will you do to make things right? 

Sincerely, XXXX XXXX XXXX I received a reply on XX/XX/XXXX finally after asking why they haven't responded at all. I received this response which failed to answer all my questions. 

XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX AZ XXXX XXXX : Loan No : XXXX Dear Mr. XXXX : LoanCare , LLC ( LoanCare ) appreciates the opportunity to address your concerns submitted through XXXX. Your concerns are important to us and we welcome this opportunity to respond. Please accept our condolences on the loss of your father. We are required by law to follow federal and investor guidelines as it relates to the account being in a past due status which requires the assistance of an attorney. The attorney fees are not a monetary gain for LoanCare and is a standard practice within mortgage serving if a property goes into default. This information should have been explained to you in more details instead of you being advised that your file was sent to an attorney. The decision letter provided to you by our Loss Mitigation department denial reason is per investor guidelines the file must have twelve consecutive payments in order to be reviewed for loss mitigation. In regards to your preferred method of communication you do have the option of electing to only receive E-Statements instead of paper statements. If you should have any additional questions or concerns related to this matter, please do not hesitate to contact the Social Support Department, Monday through Friday from XXXX XXXX. to XXXX XXXX Sincerely, XXXX XXXX Social Support Department Then I noticed that they are trying to collect {$1100.00} in attorney fees yet I specifically asked the attorney what my costs would be for my pay thru date which was XX/XX/XXXX. I took a cashier check directly to attorney in the amount of {$10000.00}. Loan Care refused every time to accept my payment directly and instructed me that I had to go through attorney only. They even refused my payment before they told me that I had to go through an attorney. They have never called me directly with a live person and send letters in the mail that are obviously delayed because I receive them weeks later than the actual date on the letter. I am not paying any more fees or attorney fees that they are asking for. I should be completely caught up on the mortgage. They also refused to help me with loss mitigation and accepted my application once but never notified me directly via my preferred method of contact which is telephone or email so I never knew a payment plan was approved. I was then told to reapply for payment plan and was told it was denied because of late payments and not being able to financially make payments. In addition they never called me once. Never received anything in the mail about why it was denied but they demanded payment. I called in to make payment and they refused payment saying it was handed off to attorney that morning. Called attorney and they had no paperwork for my loan. It took another day to get ahold of the attorney and locate the paperwork they didn't send. The attorney sent me the pay through XX/XX/XXXX amount and said we would be good and to wait for next statement to ensure reinstatement. Well now they not only want money, but they want attorney fees and other fees and I already settled that with Attorney. I am not paying any other fees or attorney fees for them refusing to take my payment when they absolutely could of taken my payment. If needed I can find any other communication, but most communication was me calling them over the phone and they have recordings of those conversations I am sure. I attached documents that are relevant that I have now.

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