Consumer complaint received 2022-12-13
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: UT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I had received solicitations from Carrington Home Mortgage for some time regarding refinancing my home to get cash out and pay off additional debts. I had phone calls and received solicitations when logging into the Carrington Home Mortgage portal to make my payments. 

On XX/XX/2022 I discussed my options with a Mortgage Loan Officer out of Arizona. His name is XXXX XXXX XXXX. We reviewed my current income, my current debts and decided to move forward with a Second Mortgage through Carrington Home Mortgage, as he stated that all look to be in line with their requirements and I could get up to 85 % of the home value which their portal stated I had a estimated home value of {$480000.00}. I wanted enough to get my current debts paid off and we discussed putting the Loan to Value on an estimated {$450000.00} so that we would be okay with paying off my debts. This say week I received a debt collection call from Carrington Home Mortgage saying I was late on a my first mortgage and a payment was due or information would be sent to the credit agencies, however I have until the 15th of each month to make a payment. This was a violation of XXXX, as this was an unfair call and deceptive knowing I have additional days to make my payment. I informed the agent on that call that I was getting a second mortgage and was also going to be making my payment online. I was very confused as to why I was receiving this call when there was clear communication with XXXX of Carrington Home Mortgage Loan Officers that I was making payment to them and had never missed a payment. 

XXXX sent over documents which were signed and sent back, he also gave me a list of documents I needed to upload. I proceeded to upload requested documents and XXXX asked me to email them to him as well as it would be easier. As I reviewed the Initial Disclosures, there was an error and XXXX said this would be corrected on the Closing Documents. Essentially {$1700.00} in fees would be removed when the loan was in processing and mentioned I would need to pay for an appraisal which would be {$550.00} and could be put on a credit card that we are paying off. All of this communication was via email. During these email exchanges I let XXXX know that I needed to contact my old employer for two years of W2 's and was able to get those documents uploaded, I also send him two years of tax transcripts and returns to help with the loan processing. 

After all documents were uploaded and everything XXXX mentioned needed to be signed were signed, I asked what were the next steps via email and he said all is great, we will just wait for processing. 

On XX/XX/XXXX, I emailed XXXX to see what was going on because I had not heard anything nor had been informed of an appraisal. He responded that there was no need for anything and he or the processor would reach out to me with next steps. The next day XXXX talked to me and he forgot to email the link for the appraisal and because it's a 2nd that the appraisal should only be {$220.00}. He then sent a link to me and I was able to go in and pay for an appraisal which was listed as {$550.00} and he said there could be glitch in the system but to pay it anyway and I put the {$550.00}, on the XXXX XXXX Credit Card which was being paid off with the 2nd mortgage. This was via email exchange. He said that at the end of the day, he would made sure it was squared away either way on the mortgage or to pay for it. 

On XX/XX/2022 I had an appraiser come out to the home and perform an appraisal. The value came back as {$450000.00} on the Cost Approach, and {$430000.00} on the Sales Comparison Approach. 

I emailed XXXX on XX/XX/XXXX to ask which valuation Carrington would be using for the mortgage and received no response. On the same day, XX/XX/XXXX, I got a notice of incomplete application and email XXXX again to ask why I was receiving that. I had already uploaded documents, I had already signed documents, I had an appraisal and then was receiving a notice of incomplete application. 

I received no response from XXXX and replied to the email address where I got the notice of incomplete application, this was XXXX manager XXXX XXXX. I also attempted to call XXXX and did not receive an answer. This all took place on XX/XX/XXXX. 

I attempted to call XXXX several times over the next week with no response. I also called another loan officer with Carrington Home Mortgage who answered via their general line and told me he found the loan application, and that XXXX had not taken action on it. He gave me the contact information for XXXX XXXX, and I told him I had already attempted to contact XXXX XXXX. That loan officer then gave me the XXXX 's contact information, that XXXX is named XXXX XXXX. 

I called XXXX XXXX on XX/XX/XXXX and left a message, and then I emailed XXXX and XXXX once again. This time I told them all docs have been uploaded and signed, nothing is left for me to do and I have not heard back from anyone regarding my 2nd mortgage. I was hopeful to have this process done and approved within the first week of XXXX as XXXX had initially stated that is our timeframe. 

XXXX finally emailed me back less than 10 minutes after my email and told me the loan had not fallen off his radar, but it was in processing and he would let me know the status ASAP by the end of the day. 

I waited until XX/XX/XXXX to reach back out because again, I had not heard anything from XXXX and we were coming up on 30 days since submitting the loan application with no response. I emailed again on XX/XX/XXXX and asked if he was too busy to help, could he get the loan to a loan officer who would help. I also left a voice mail for XXXX and did not hear back. 

I am now past 30 days from initial application, and this is a violation of ECOA. I understand that Carrington Mortgage sent the Notice of Incomplete Application, however this is a false Notice of Incomplete Application to extend their timing and allowance for compliance. The notice was stating I needed to upload documents when had been uploaded and this tactic is used often with mortgage companies to avoid having to follow compliance rules and regulations. 

I worked in the Mortgage Compliance space for many years and find what I have experienced to be a violation on UDAAP, ECOA and privacy ( as the loan officer asked me to provide documents outside of the secure portal ) I would like to have my loan closed so that I can get the high APR debts paid and also the money back for the appraisal. This process along each step and communication was reassured by XXXX XXXX that things were moving and here I am on XX/XX/XXXX, with no updates on the 2nd Mortgage. I have lost a significant amount of trust in Carrington Home Mortgage, and this includes receiving that collections call about the XXXX payment which was made before the XXXX. 

Because I am in the industry, I am aware of CFPB actions taken against Carrington for other violations under the CARES Act, and I would hope this is a one off case that I am experiencing but they are loosing consumer trust and financially impacted me. I ask that the CFPB look at this complaint seriously and consider how these violation may also be happening to other consumers or customers of Carrington Home Mortgage. 

If I am making payments to this Mortgage Servicer and Mortgage Lender, I expect to be treated with respect, in a timely manner, and that this company has knowledge and actively is participating in training and awareness campaigns for compliance to lending and servicing regulations. 

The lack of communication, the lack of character, and the lack of understanding to their mortgage lending and servicing rules including payments is shocking and I am expected to pay for my mortgage throughout the next 28 years on my first mortgage, and do want to complete my refinance to pay off my debts and this would be 30 years of payments. 

Throughout this loan process I was assured that all debts that I discussed with XXXX would be able to be paid, it was just a matter of getting the loan closed. I am still paying my higher APR on debts, and additionally added debt to the XXXX XXXX XXXX per the Loan Officers statements because that would be included in the pay off.

Company response to consumer: Closed with explanation