Consumer complaint received 2018-04-24
Company: LoanCare, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XXXX XXXXXXXX  XXXX. our mortgage company, in late XX/XX/XXXX informed us that our mortgage payment would increase from {$3700.00} to {$3900.00} due to increase in our escrow account. In mid XX/XX/XXXX, we received another notification from XXXX XXXX ( now former mortgage company/servicer ) that our mortgage, account number : XXXX, was being transferred to Loan Care XXXX XXXX effective XX/XX/XXXX and that all payments from that effective date should be made payable to and sent to that Servicer. However, no account number for the new Servicer was provided in the correspondence. Hence, on XX/XX/XXXX, in an effort to make our XXXX mortgage payment I called XXXX XXXX  to obtain confirmation that the information about transferring of our mortgage was indeed correct. The represented XXXX XXXX confirmed the facts and that the new Servicer was indeed XXXX XXXX XXXX, provided a new mortgage account XXXX, their mailing address and phone number. Hence, immediately after speaking with the representative on XX/XX/XXXX, I logged into my XXXX XXXX  Bill pay Center online, update with the new account number, new Loan Servicer XXXX XXXX XXXX, but then I noticed that the address and phone number that the representative had given on the phone was similar to that of XXXX XXXX, so I did not change that portion of information in our Bank Bill pay Online system. Shortly thereafter, on XX/XX/XXXX, I submitted a request via our Bank Online Bill Pay Center to pay our mortgage in the amount of {$3900.00} payable to the new servicer XXXX XXXX XXXX XXXX. Payment in the amount of {$3900.00} was debited from checking account on XX/XX/XXXX. See Appendix A On XX/XX/XXXX, we received a package via U.S. Postal Service from XXXX XXXXXXXX XXXX -- See Appendix- B, a document officially confirming that our mortgage was transferred. However, upon careful review, we noticed that the account number was different from the one that was provided us on XX/XX/XXXX, account ending XXXX. I immediately called the phone number provided in the XXXX XXXX   document. The representative, who answered the called, informed me that we had two loans, a Home Equity Line of Credit with assigned account number XXXX and the First mortgage with assigned account number XXXX, both of which was transferred from our previous servicer XXXX XXXX, and the funds received was broken up and distributed to the XXXX account. I immediately informed the representative that we only have one mortgage loan with XXXX XXXX  that was our First Mortgage and we DO NOT have a Home equity line or loan, because that was discharged in a Chapter XXXX proceedings in XXXX. The representative asked me to hold to confirmed what I had told him. The representative came back online after 5 minutes and said they will apply the payment of {$3900.00} to the correct account. On XX/XX/XXXX, I received another correspondence via US Postal Service from XXXX XXXX XXXX. This document subject line stated DEBT VALIDATION LETTER. See Appendix- C. I immediately called the number that was provided in the letter and information that again, that we do not have this debt and I am not sure why it was transferred to them when it was discharged in a Chapter XXXX proceeding. On XX/XX/XXXX, we received a correspondent from XXXX XXXX  ( former servicer ) outlining information about our escrow account. See Appendix- D. On XX/XX/XXXX, we received two separate correspondences from XXXX XXXX. One referencing the transfer of Home Equity Line of Credit See Appendix- E, and Monthly Statement document See Appendix- F. With this new information we called XXXX XXXX again, informed that we did not have a line of credit account and asked them why the amount due was {$7800.00}. The representative told me, that they did not receive our XXXX payment and we needed to send proof of payment. We informed them that was not the case ; that we had already paid our XXXX payment and it was debited from our Bank checking account. Consequently, on XX/XX/XXXX, as requested, we sent proof of payment such as our bank statement, which I sent via the email ( XXXX ) that was provided by the representative. See Appendix- G. With this email submission, it generated an Escalated Payment Dispute ticket and as such on XX/XX/XXXX, an email was received from XXXX XXXX that the problem was resolved and ticket closed See Appendix- H. On XX/XX/XXXX, we sent out XXXX mortgage payment via Bank Online Bill Pay System in the amount of {$3900.00}, however, with all the back and forth I forgot to update the XXXX system with the correct account number from the XXXX to XXXX. As such, our XXXX mortgage payment was sent out to the incorrect account number. Payment debited from the account on XX/XX/XXXX. See Appendix- I. On XX/XX/XXXX, I called XXXX to inform them that our XXXX payment in error had the incorrect account number on it, and to ensure that they post the amount to the correct account. On XX/XX/XXXX, we called to confirm if our XXXX payment was posted to the correct account because the payment had already been debited from our account. The representative informed us that they received the payment and have posted it, but XXXX payment was still outstanding. We informed the rep that we received an email that the problem had been resolved with the proof of payment ( our XXXX XXXX  checking statement See Appendix- H ). The representative informed me that he will look into the matter. However, on XX/XX/XXXX, I received an email from LoanCare that our proof of payment for the XXXX payment was insufficient and I need to provide additional information See Appendix- J. We immediately called LoanCare, spend over 3 hours on the phone but pushed from one individual to the next. After that long lengthy process, we were told to get proof of payment ( electronic transmittal form ) from our bank. We immediately called our XXXX XXXX and requested the information LoanCare needed to verify payment. However, I also requested not only proof of electronic payment for XXXX payment but also for the XXXX payment as the mortgage account number was incorrect on that payment as well, and asked them to send it directly to the LoanCare as well as provide me with a copy of that transmittal form. On XX/XX/XXXX, requested electronic transmittal forms were sent to LoanCare from XXXX XXXX  and copies of the transmittals were also sent to me. See Appendix- K. Hence , On XX/XX/XXXX, I received an email that the problem has been resolved. Appendix- L. However, on XX/XX/XXXX, we logged into our Bank checking account and noticed that XXXX XXXX refunded to our account an amount of {$3900.00}. See Appendix- M. we called immediately and asked why. The representative indicated that they did not receive our XXXX payment and they did not refund any payments and we needed to contact my bank regarding the matter. However, when we spoke to LoanCare rep on XX/XX/XXXX, we were told they received the payment and posted it. We called our bank shortly after we spoke with LoanCare rep and we were told by the bank rep that they did not request any refund. In any event, we informed the bank rep to resent the payment to LoanCare. Payment was debited from the account on XX/XX/XXXX. See Appendix- N. On XX/XX/XXXX, we received another email from LoanCare that the problem was resolved and ticket closed. See Appendix- O To our surprise, today XX/XX/XXXX, we received our Monthly Mortgage Statement and it shows that we delinquent on our mortgage with a past due amount of {$8300.00} - See Appendix- P, that they disbursed Hazard insurance in an amount of {$4100.00} ; however, this is not accurate information. Furthermore, our hazard insurance policy the amount is {$3200.00} See Appendix- Q. After referring the Monthly Statement today, XX/XX/XXXX, we called LoanCare yet again, trying to appeal to their sensibility, a representative responded to the call after 15 minutes, and then after explaining the problem from start to finish once again, she could not help and tell me she will transfer me to her supervisor. We waited for XXXX hour, 15 minutes and 21 seconds and still, no supervisor came on the line. We finally decided to call the Consumer Financial Protection Bureau, and then my attorney and still after all of that, still no one from LoanCare came on the line. This is what consumers are facing. From what we have encountered in these past two months, it leaves me speechless. Firstly, after investigating and speaking to several representatives over these past two months, we now come to realize that XXXX XXXX XXXX is closely affiliated with XXXX XXXX, if not, one of the same. Both companies have similar addresses and phone numbers. At this point, we have numerous unanswered questions. For starters, if these XXXX XXXX and XXXX XXXX XXXX are one of the same, why was our mortgage account number changed in XX/XX/XXXX? Was this done in an effort to defraud us or foreclosure our property? We have been had the XXXX mortgage account number ever since we obtained our mortgage with XXXX XXXX in XXXX. Additionally, why was a Home Equity Line of Credit account transferred to XXXX XXXX XXXX in the first place, when our previous HELC with XXXX XXXX  was discharged in XXXX in the Chapter XXXX proceeding? Why when we call now, LoanCare representatives try to hide the fact that they had sent us HELOC documents in the mail? Why do they now claim that the HELOC documents we received must have been a fraud from someone else, even though it clearly states their company name, address, and phone number? Why is XXXX XXXX now stating that they know or have no such HELOC account number XXXX in their system when in fact they received payments with this account number in both XXXX and XX/XX/XXXX? This company is very deceptive and may have deleted records from their system to hide the fact that they try to collect funds on a closed, already discharged account. XXXX XXXX XXXX and/or its representatives are dishonest, a very, very, very incompetent bunch who are deliberately conducting some kind of fraudulent activities against consumers. Frankly, they should not be allowed to service ANY type of consumer mortgage loans or even to remain in business in general. Based on the most recent mortgage statement received from LoanCare, the unapplied balance shows on the document of ( {$3400.00} ), the 4 & 9 seem to have been deliberately transposed to give the impression that our mortgage payment received by them was short {$450.00}. Additionally, returning our XXXX payment as a refund, even when it was received on XX/XX/XXXX by them as shown on our bank statement, is also a deliberate, malicious act to put our account in a delinquent status. We are not certain what they hope to gain from all of this, but if it is an attempt to put our mortgage in pre-foreclosure, this is fraudulent and they should be stopped and fined handsomely. The payments LoanCare received based on records from XXXX XXXX sent directly to them and from our bank statements presented to them, clearly show without a shadow of doubt, that two payments in the amounts {$3900.00} respectively debited XX/XX/XXXX for our XXXX payment, and another debited XX/XX/XXXX for our XXXX payment, ( returned XX/XX/XXXX ) and again debited on XX/XX/XXXX. This situation leaves us emotionally drained and frustrated. We would like all of our mortgage payments received by XXXX XXXX to be accurately posted immediately to our mortgage account and displayed as it should with no fees added of any sort. We have paid our mortgage for over 7years on-time and without any problems until this Servicer took it over in XX/XX/XXXX. See Appendix Z - Other relevant information This is by far the most incompetent bunch we have ever had to work with.

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