Consumer complaint received 2018-10-30
Company: LoanCare, LLC
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I purchased my house on XX/XX/XXXX and the very next month my job changed to a different company under the parent company and my income started to decrease. I made my payments all the way up to XXXX of XXXX and in XXXX of XXXX I called my mortgage company XXXX XXXX XXXX at XXXX to see what options I had to do a payment extension or something. I was told that I could apply for a modification but would have to be at least 60 days past due. I applied for the modification in XXXX of XXXX and called every week to two weeks following up on the status after sending in additional loan documents the mortgage company asked for. I received a letter in XXXX stating I was denied due to I wasn't in my home for 12 months. I then had to take out a hardship withdrawal from my 401k to catch my mortgage payments up from XXXX to XXXX which now still had me behind the XXXX, XXXX and XXXX payment. At the end of XXXX I set up a payment plan with hopes of my income increasing under the new job function and my first payment was going to be XX/XX/XXXX. I was then laid off on XX/XX/XXXX so I called my mortgage company and explained I was laid off and they told me I could apply again for the modification because it would take them 30 days to process it and by that time I would have been in my house for 12 months and to send the documentation showing where I was laid off. I did that and continued to follow up with the mortgage company for the status of the modification. I called the mortgage company today and now we are at the end of that process and I was told that my modification was denied again because they said I haven't passed the 12 months of the 1st payment for an FHA HAMP modification. I asked to speak to a manager and a team lead by the name of XXXX was very rude and unprofessional as I was trying to explain to him how each representative I spoke to gave me all the wrong information every time I called. I am a single mother of XXXX with XXXX children in college and XXXX that has XXXX XXXX. This process has stressed me out so bad because of the miss information and misleading documentation sent by XXXX XXXX XXXX  has put me in a worst position that what I started with. My income has dropped dramatically and I turned to my mortgage company for help and all they have done is given me false information. I feel like they are trying to take me house from me and to top it off they are now selling my loan on the XXXX of XXXX to a new servicer. I've went out t the hud website and read the FHA HUD Handbook 4000.1 and it has an option for the following and based on this information it shows that I would qualify for the modification but Commerce mortgage is only looking at the one option of the mortgage default instead of Mortgage in Imminent Default see below. I asked XXXX to let me speak with a manager and after being on hold for over an hour they transferred me a voicemail and the guy name was XXXX but couldn't make out his last name. I don't want to lose my home, I can't lose my home I would have no where to go. I'm doing the best I can trying to get back on my feet now that I have a job but is paying less than half of the income I was making when I purchased my house. Bad things happen to good people that's out of their control and I don't think you should be treated like you are a bad person because you fall on hard times. Please help me as XXXX XXXX XXXX  has purposely not giving correct information and misleading information that causes their customers to be in a worst position that what they actually started out with. 

Thank you ( b ) Mortgage in Imminent Default To modify a Mortgage facing Imminent Default under FHA-HAMP, the Mortgagee must ensure that the following conditions are met : at least 12 months elapsed since the Closing Date of the original Mortgage, as evidenced on HUDs Neighborhood Watch system ; a minimum of four Mortgage Payments have been paid by the Borrower on the current Mortgage ; Imminent Default due to a verified loss of income or other hardship as explained in the definition of Imminent Default ; and the Mortgagee obtains documentation evidencing the cause of the Imminent Default.

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