Consumer complaint received 2019-03-16
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX our mortgage holder filed for foreclosure. On XX/XX/XXXX the mh moved for summary judgement. On XX/XX/XXXX the mh moved forward with a motion for summary judgement, a hearing was scheduled for XX/XX/XXXX. On XX/XX/XXXX, Vice President of Carrington Mortgage Services swore under Oath that the total amount due of : {$300000.00}. On XX/XX/XXXX we signed a contract to sell the home for {$390000.00}. On XX/XX/XXXX our attorney filed a motion to continue as we had secured a contract for the sale of our home for {$390000.00}. Closing was scheduled for XX/XX/XXXX - less than 30 days from the date of the hearing. The motion was denied and a final judgement entered on XX/XX/XXXX for {$300000.00} XXXX which included accrued interest and filing fees ). As well as ordering a public sale of our home on XX/XX/XXXX if the judgement was not paid. On XX/XX/XXXX we received an amended payoff statement from Carrington via email from our real estate agent - the total due and being requested at time of closing was {$320000.00} good until XX/XX/XXXX. At our urging on XX/XX/XXXX our attorney filed for an emergency hearing due to the difference in the final judgement and the payoff statement. This was less than 24 hours before our scheduled closing date of XX/XX/XXXX. The judge deemed it was not an emergency. And we were forced under protest to proceed with the closing. We were told by our real estate agent that we would be subject to legal action if we delayed or cancelled the closing. The amount paid to Carrington at closing on XX/XX/XXXX was {$330000.00}. Unbeknownst to us the mortgage holder returned to court on XX/XX/XXXX and entered a motion to " cancel sale, vacate final judgement ... .... ''. With our emergency hearing not ruled on the judge granted this motion. As if everything to date was not bad enough - line # 1 of the motion to cancel and vacate stated : " Plaintiff, Defendant, and a 3rd Party have been working over the last month to finalize the specifics of a payoff. '' This statement could not be more false. From the time of closing until XX/XX/XXXX - we had had only one conversation within a week of the closing where we were informed the judge did not feel our emergency was an emergency. We do not know who the unidentified 3rd party is - we can only assume it is the closing attorney. We feel taken advantage of by the trustee of the mortgage holder, the mortgage holder, and the loan servicer. As well as not receiving the appropriate representation from our attorney. And failure of the closing attorney to not understand that the amount due at closing was the final summary judgement amount, and he should not have allowed the payoff statement to be substituted for the final summary judgement. Our mortgage had been bought and sold several times before this occurred. In XX/XX/XXXX I suffered an injury in a car accident ( other driver was 3x dui ) we had our own business, I was unable to work as much as I had in the past, we fell behind, but kept in contact with our mortgage company. When Carrington took over in XX/XX/XXXX we spoke with a rep who told us as long as we kept in contact with her and gave her the status of attempts to sell we would be fine. So we were completely surprised by the foreclosure filing. This coincidentally occurred one day before mediation on the car accident. Carrington was aware of the mediation. Carrington refused to agree to a reasonable reinstatement amount, demanding {$85000.00} to bring the loan current, and we feel vindictively filed the foreclosure suit. This forced us to continue to reduce the asking price of our home so that we could sell before we lost it. I am not attaching documents at this time, but can do so upon request.

Company response to consumer: Closed with explanation