Consumer complaint received 2018-10-30
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: AZ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX - Called phone number listed on letter Called and spoke with representative to advise I was calling in about the Conditional Approval Letter stating for me to call and be advised of my Options. Also discussed letter that stated I will need to let them know which option I would like to pursue by XX/XX/2018. Representative advised options would be pay full amount of past due, short sale or deed in lieu of foreclosure. I advised Representative that I would decide which option and call the next day on XX/XX/2018 to let them know which options I want to pursue. Representative said okay and we discussed per the letter I had until XX/XX/2018. 

Called back on XX/XX/2018 to discuss each option in detail. Was advised by Representative that my home went into auction the prior day, which per the conditional approval I had to respond by XX/XX/2018 to pursue either pay full delinquent amount, short sale or deed in lieu. So, by Carrington allowing the foreclosure to proceed before the date listed on the conditional approval letter they didnt allow me as the homeowner to pursue either one of the options. I was in total disbelief and also could not understand why when I submitted my application for the loss mitigation they didnt take in account my unemployment. Which was one of the reasons selected on the application for my reduction in income. I worked at XXXX  XXXX XXXX for 7years, which was my primary income. Then I lost my job at the beginning of the year, and started receiving unemployment. The representative was very insensitive and just kept stating the house was sold yesterday at auction and couldnt give me an answer on why the Conditional approval letter stated I need to respond by XX/XX/2018 but my house still went into auction prior to that date. After not getting a resolution I asked to talk with the Loss Mitigation Department to talk with them as to why when they reviewed my application they didnt consider my unemployment. Again this representative was very insensitive and just continued to say your house was sold yesterday at the auction. Then I asked the representative to transfer me back to the Short Sale he stated he couldnt. So, I hung up and called back into the short sale department once again could not get answer as to how this can happen without them allowing me to pursue the options listed on the conditional approval? I then asked to speak with a Manager the representative then stated They are just going to tell you the same thing I said I then said again I would like a manager he put me on hold came back and said a manager was not available. But he would have one call me back, I then stated Im going to pursue legal action. 

XX/XX/2018 - I waited a few hours no call back from a Manager. I then called back to Short Sale and asked for the number for the Legel/Escalation Department, Representative provided me the phone number. 

XX/XX/2018 - I then called this department and spoke with XXXX, explained the entire situation again. I explained to her I was interested in either Short Sale or Deed in Lieu but I wasnt given the option because Carrington has allowed my house to go into auction. She was able to see the letter I received and she stated she was contacting another department to have it researched and would call me back. 

XX/XX/2018 - XXXX called me back and stated she was advised to ask me if I had a buyer? I advised her at that moment I dont but I do still want to pursue the options of either Short Sale or Deed in lieu of Foreclosure. She said well we are still researching my complaint and she would get back with me. 

XX/XX/2018 - XXXX called me back and said they would not be able to do Deed in Lieu or Short Sale and the House was auctioned on XX/XX/2018 and sold. Which again I explained and went round and round with her pointing out the fact that Carrington did not give me the time listed on the Conditional Approval letter of XX/XX/2018 to use either option. And proceeded to let my home go to auction on XX/XX/2018 which is prior to the date listed on the conditional approval. 

XX/XX/2018 - I Called XXXX back to ask some fact finding questions - Who is the Third Party that purchased my home? Carrington Mortgage Attorney Info? Where to send Correspondence? Does Carrington has an Executive Office? 
because at this time I explained to her Im pursing Legal action, since it seems like Carrington was not interested in the fact they didnt allow me the options listed on the Conditional Approval Letter. She stated that she escalated the issue again to her Manager and to give it a few days by XX/XX/2018 to hear back from either herself, her team lead or manager. 

Over this weekend XX/XX/2018 I received a 5 day notice on my front door from an Investor Company stating they purchased my home at the auction. 

I will be calling back in on Monday XX/XX/2018 to XXXX and advised at this time I will pursue legal action/lawsuit against Carrington to have the foreclosure rescinded/reversed based on the fact I was not provided either option when the Conditional Approval Letter clearly states to contact Carrington by XX/XX/2018 if interested in the options listed on the letter. Also, the fact that my home was placed in auction before XX/XX/2018 and now I have an investor attempting to proceed with an eviction notice. This practice is a wrongful foreclosure and all options were not exhausted.

Company response to consumer: Closed with explanation