Consumer complaint received 2019-11-01
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
Carrington Mortgage Services , LLC has failed to send us monthly statements on our account since they took over in XX/XX/XXXX when XXXX transferred our loan to them. They refused to send us mortgage statements throughout the life of the loan with them. 
In XX/XX/XXXX we paid Carrington Mortgage Services , LLC a double payment for for the months of XX/XX/XXXX and XX/XX/XXXX. In XX/XX/XXXX we actually got a mortgage statement and it said we were 2 months behind and that we never paid for XX/XX/XXXX and XX/XX/XXXX 's payments. I then called them several times and even asked for a manager to call me back. I never got a phone back and I proceeded to call them at least 15 times in XX/XX/XXXX. When I finally got someone on the phone that knew what they were doing, so we thought, that person had said, no, your mortgage is all up to date. Then on XX/XX/XXXX they reversed our mortgage payments that we made in XX/XX/XXXX and never re-applied the payments causing us to be 2 months behind on our mortgage. I called again and they still said we were up to date and that they had also applied someone else 's mortgage payment to our account causing that person to be behind on their mortgage as well. We made another mortgage payment in XX/XX/XXXX without receiving a mortgage statement. When we tried to pay our mortgage in XX/XX/XXXX they sent our payment back with a letter stating that they can not except our payments at this time. I then proceeded to call them back several times through the month of XX/XX/XXXX with no answers to why they sent our payment back, We went ahead and made another payment for XX/XX/XXXX and that payment was sent back to us with the same letter. I called again and still no answers as to why our payments were being sent back. At the end of XX/XX/XXXX we finally had an answer. They said we were in foreclosure because we had not made any payments since XX/XX/XXXX. I sent them all of our checks that they cashed along with our bank statements proving we made the payments. They said there was nothing they could do and they were foreclosing on our house. They never sent us a letter stating that they were starting the foreclosure process, we never got any letters stating that we have a right to speak with their financial counselor, we never received any letters stating the foreclosure is continuing. We went and talked with a lawyer at the end of XX/XX/XXXXbeginning of XX/XX/XXXX to find out that Carrington Mortgage Services , LLC had filed with XXXX County a transfer of the deed and trustee. Our lawyer had tried to talk to Carrington several times throughout the month of XX/XX/XXXX. In XX/XX/XXXX we asked for a re-instatement amount. We were told it would be {$9500.00}. We tried to pay them the money over the phone and by mail and they refused to accept our payment to get reinstated and keep our house. They stated it was to lae to do anything and continued to refuse our re-instatement payment of the {$9500.00} they said we owed. We had no choice but to file a law suite against them to stop the foreclosure. In XX/XX/XXXX Carrington still sold our house at auction even though we had a court order signed by a XXXX County judge to stop the sale of our house. We had tried several times to apply for a loss mitigation claim. We were denied all times. Carrington then moved our case from the Texas state courts to the Federal courts. In the deposition we had with Carrington 's representative in XX/XX/XXXX he admitted at least 4 times that Carrington messed up our accounting and this never should have happened. Those statements were recorded by the fedral court reporter and is on file with the federal courts here in XXXX, TX. In the last 3 years we have tried several times to pay them the re-instatement amount and settleing the case. We've tried going through a mediation with them and nothing was settled at mediation. The mediator then come up with a a mediator 's proposal which we accepted but Carrington denied. We had a federal court date set for XX/XX/XXXX with a jury, but because of the government shutdown it was canceled. We waited and waited to hear something from Judge XXXX XXXX on our new court date. Our lawyer was continuing to try and settle out of court throughout the next few months and he was unable get any response from Carrington and their lawyers. At the end of XX/XX/XXXX we found out the the Judge threw our case out with prejudice, giving Carrington the right to foreclose on us again. Our lawyer filed a reconsideration with the Judge XXXX XXXX on XX/XX/XXXX. Judge XXXX XXXX said no and now Carrington has started the foreclosure process again. We have tried to refinance our house several time since XX/XX/XXXX when Carrington took over, but because they falsely reported to all three credit bureaus that in XX/XX/XXXX our home loan was 100 % paid off causing us to never get a refinance on our home. At this point we just want to keep our house and get away from Carrington but they have made it impossible to do that from day one because of the false reporting to the three credit bureaus. Carrington Mortgage Services , LLC has extremely bad loan practices, refuse to except our payments, they have committed several accounts of federal fraud on our account, several RESPA violations, never applied our monthly payments, never sent us statements and falsely reported to the credit bureaus that our house was paid off causing us to never get away from them and refinance with a new company.

Company response to consumer: Closed with explanation