Consumer complaint received 2019-03-05
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Current mortgage servicing company has failed to properly credit payments ( sent in via Bankruptcy Trustee and me ) to my mortgage loan account. I filed CH XXXX Bankruptcy protection XX/XX/XXXX ( 60 mos ). My mortgage was being serviced by Bank XXXX XXXX ( XXXX ) at this time. At the time of filing, I had not made my XX/XX/XXXX payment. There were no additional outstanding mortgage payments due. On XX/XX/XXXX, I made the XX/XX/XXXX pymt and continued making payments to XXXX thereafter. XXXX   NEVER sent this payment back ; INSTEAD, the payment was applied to my account. XXXX filed their Proof of Claim ( POC ) XX/XX/XXXX -- -affirming {$840.00} was due. I informed my counsel that XXXX XXXX   POC was not accurate because it listed a pre-petition pymt ( payments due before BK filing ). I insisted she file an objection to XXXXXXXX XXXX claim ; however, she would not file it. I few years went by, and I brought up the matter again to my attorney via email, because I was receiving mortgage statements from XXXX stating I owed a pre-petition payment. My attorney suggested I contact XXXX and ask if they would put something in writing stating how they applied those funds from XX/XX/XXXX. As a former worker in the mortgage servicing and default management industry, I informed her that the servicing company would not provide this in writing. I, however, still contacted XXXX about the matter and they refused to discuss the matter with me and advised me to contact my attorney. I asked XXXX to provide my payment history. I forwarded this information to my attorney. She stated that she sought counsel from a partnering attorney and they both concluded the information I provided was not sufficient. My loan was transferred to Carrington Mortgage Servicing ( CMS ) XX/XX/XXXX. My mortgage statements show a pre-petition balance ; my post-petition payment. In XX/XX/XXXX, the trustee managing my case, sent funds to Carrington in the amount of {$650.00} As a last ditch effort, I contacted the trustee in writing. I provided an explanation of events, my bank statement ( proof of pymt from my account ), and XXXX   payment loan history showing when the payment was received, payment amount and payment application ( breakdown and the month the payment satisfied ). The trustee did nothing with this information and instead, contacted my attorney -- -who has done nothing. I contacted ( phone call ) CMS and I asked them to ( perform an escrow analysis ) apply those additional funds to my escrow ( there was a shortage ) because, at the time, there were no post-petition payments outstanding. I contacted them almost weekly ( beginning XX/XX/XXXX ) about the status of the escrow analysis request. I was given conflicting information from several CSRs. I then sent a formal request ( fax ) to the bankruptcy department and supplied evidence to support my claim that no pre-petition payments were outstanding. I was sold my docs were not received, so I sent them again ( total of abt 3 times ). They eventually called me and verbally stated they could not apply those funds to my escrow account because the trustee had to instruct them on how to apply the funds. I was not provided with a written explanation. Instead, they called me and stated that the trustee would have to instruct them how the payment should be applied. I advised them, the trustee sent them a payment based on their Proof of Claim. On XX/XX/XXXX, I made a payment of {$190.00}, as well as the trustee in the amount of {$190.00}. Currently. there is a total of {$1000.00} in suspense/partial payment account. My monthly pymt is {$890.00}. I called to request funds in suspense be posted to outstanding post-petition payment ( since they refused to apply it towards my escrow shortage ). CMS stated they could not use funds in the suspense account because they had to receive pymt instructions from the trustee. As of today, this issue has not been resolved.

Company response to consumer: Closed with explanation