Consumer complaint received 2022-03-15
Company: LoanCare, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
XX/XX/22 Called XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX /Loancare ( servicer ) to request the original documents : proprietary lease and certificate of stock. Informed that these documents can be mailed to me, I provided address XXXX XXXX XXXX XXXX NY XXXX XX/XX/22 Documents were received by mail, cover sheet stating that these documents are original documents XX/XX/22 Documents brought to closing, informed by management company that these documents are not orginals XX/XX/22 XXXX Called XXXX XXXXloancare XXXX XXXXXXXX ) XXXX to inquire about why copies were sent when originals were requested, informed that I needed to request documents via an e-mail XXXX. Asked why I was not provided this information on my orginal request on XX/XX/22, no explanation. Also asked for a UCCXXXX3 termination, informed that that needed to be requested by my attorney, no explanation as to how to request this form. Inquired about a direct number to reach the document center, informed there is no direct line, only an e-mail address. 

XXXX closing was post-poned due to not having original documents and no UCCXXXX XXXX I called XXXX XXXXloan care again XXXX  XXXX ) XXXX to request an affidavit of lost lease and stock as I was told they did not have the originals. The representative spoke with " escalation '' team who stated they would get me this affidavit and the UCC-3 termination in 5-7 business days. 

Multiple e-mails sent to XXXX no response to request either the original documents OR an affidavit of lost lease/stock and the UCC3 termination. Letter sent by my attorney requesting these documents no later than XX/XX/22. 

XX/XX/22 XXXX I called XXXX XXXXloan care XXXXXXXX ( XXXX ) XXXX to clarify the documents that were being sent to me per discussion with representative yesterday evening. I was informed that original documents must be requested via e-mail and located by the lender, this can take up to 60 days. Explained that I spoke with someone on XX/XX/22 and was not advised of this e-mail or procedure, I was told original documents would be sent to me. I also asked why I was told I would receive the affidavit of lost lease/stock if they have the originals and no explanation was provided. I explained that I am now incurring fees for delay of closing, when if I was advised of the correct process on XX/XX/22 I would have scheduled my closing once the originals were received. As I was told I was being sent the originals I scheduled a closing once received and will be charged {$250.00}. I will now have to inform my buyer of an additional delay and may incur additional fees or lose the sale altogether. I was told I can not be transferred to a manager or supervisor directly and there is no direct number to the documents department. I was told a call back would occur in 24-48 hours from a manager or supervisor. I explained this is an unacceptable time frame. 

XXXX I received a call back from XXXX a supervisor, who put in an expedited request to locate the original documents and if the documents to send an affidavit of lost lease and stock, and the UCCXXXX termination. 

XX/XX/22 XXXX I called XXXX ( XXXX ) XXXX to follow up on the status of my request. Was told there is no way to directly speak with XXXX who was handling my request. I asked for an update and was told that they would resolve the request no later than end of business today. I was told the documents would be sent out once the my request was resolved. I clarified XXXX times that what would be sent to me were the original documents and not copies. I was told yes original documents will be sent. I clarified address documents needed to be sent to as they were preparing to send them to XXXX XXXX XXXX despite my address on file being XXXX XXXX XXXX. I asked for clarification as I had previously been told original documents can only be sent to an attorney. I also asked if this meant they had located the original documents. I did not receive clarification and as a result I asked to speak with a manager and was on hold for 14 minutes before the call disconnected. 

XXXX I called back XXXX ( XXXX ) XXXX and had to speak with someone different despite asking to speak with someone familiar with my case. I again requested to speak with a manager. I was told I can receive a call back today, I accepted this answer. 

XXXX I called again XXXX ( XXXX ) XXXX as I had not received a call from a manager. I asked to speak with the escalation team. I asked to speak with XXXX directly and was told this isnt possible. XXXX asked about when I will be informed if my original documents have been located and when they will be sent. I was told the request would be resolved by XX/XX/22. I asked for clarification about what this meant and if documents would be sent by this date. I clarified that I was told my attorney needed to file a UCCXXXX cancellation when that is actually the responsibility of the lender to file. I was told this would be sent with my original documents and resolved in the same request. I asked if my original documents were located. I was now told they have until XX/XX/22. I explained this doesnt align with what other representatives had stated regarding time frame. I was clear I can not go into another month paying my mortgage with a pending sale. I also verbalized concern about losing my sale due to delay and negligence in managing my documentation on the part of the lender. I did not receive a clear response regarding the time frame of my request. I was told I will receive an email by Thursday. I asked what this meant as I am requesting original documents, which can not be emailed to me. I was told that the escalation representative would call me on Thursday to see if I received email correspondence and I again reiterated an email is not an appropriate response to my request for original documents. representative stated she will call on XX/XX/22 to follow up. 

I am also unclear on the correct phone number as the servicer website states XXXX ( XXXX ) XXXX and the payoff statement states XXXX XXXX.

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