Consumer complaint received 2019-01-10
Company: McCarthy & Holthus, LLP
State: NM
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX a foreclosure case was opened against me. 

They took auto payments from my account then completely stopped. We went round and round with Loan Modifications, which I accepted all but 1, and after the trial period of me making all the payments on time and in full, XXXX XXXX stated that the Loan Modifications were invalid and they stopped taking payments from me again. This happened at least 4 times over 2 years. The final Loan modification document that XXXX wanted me to sign was for {$150000.00} for 40 years. I rejected this offer as my balance is only {$110000.00} and I only have about 15 years left. This was the last time I was able to communicate with XXXX XXXX. 

On XX/XX/XXXX, I called XXXX Servicing Legal Department, McCarthy Holthus, They stated that XXXX was no longer the servicer ( effective XX/XX/XXXX ) and that my account was closed. I have not received anything from XXXX or the new Service Company. I was informed by McCarthy Holthus that the new service company was called XXXX XXXX. I have attempted to contact the new servicer for a payoff request letter and have left multiple messages. 

On XX/XX/XXXX, I called XXXX and left message for the operator. I have still not heard anything back as it goes directly to voicemail. I called McCarthy Holthus again and they said that they would request a payoff letter and send it to my email address within 2 business days. They stated that they were waiting for the lender to provide additional information. I am currently still waiting. 

I recently got my evidence of insurance from my homeowners insurance and the mortgage holder is a completely different company than what XXXX and McCarthy Holthus attorneys told me. This new company that was listed on my insurance documents was XXXX XXXX XXXX XXXX XXXX. 

On XX/XX/XXXX, I contacted XXXX XXXX XXXX XXXX XXXX and they were able to locate my account. I was transferred to an account specialist named XXXX. She stated that the mail that they have sent was being returned as non-deliverable. I updated all contact information with them and provided them my email address and requested them to email me all the statement, documentation, etc that they have been trying to send to me via USPS. XXXX stated that she would send all the documents to my email via secured email. She also said that any payoff request should be in writing and sent via email or fax. XX/XX/XXXX I sent the payoff request letter as instructed. I still have not seen the documents promised to me by my account specialist or any payoff documents. 

Up to today 's date, I have been doing some investigation myself on why it is so hard to provide me a payoff document. What I have found out is that on XX/XX/XXXX, a satisfaction of mortgage was recorded with the County Recorder 's office. Last, in XX/XX/XXXX, all real estate account on my credit report have been closed and show as PAID. Currently I do not have any mortgage listed on my credit report for any of the 3 credit bureaus. This has affected my credit score negatively which is causing huge financial issues. 

I believe there is two things happening with my mortgage, first since the country recorder 's office has a satisfaction of mortgage recorded the account is closed/paid-in-full. Second, my mortgage was flipped and sold to another lender or servicer or sliced up and sold to investors as securitized packages on Wall Street ( This is why XXXX wanted me to sign a new note for 40 years and {$150000.00} ). This should be illegal and some penalties and actions should be taken against lenders and servicers who practice these predatory practices.

Company response to consumer: Closed with explanation