Consumer complaint received 2022-02-04
Company: LoanCare, LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX Dear Consumer Financial Protection Bureau, and To Whom It May Concern : I am hereby making a formal complaint against XXXX XXXX XXXX XXXX ( XXXX ) and LoanCare ServiceLink Company regarding continuous fraudulent errors, corporate advance balance fees, and late charges to my home mortgage account that is causing me not to be able to qualify for refinance programs or any government refi mortgage programs. I am seeking legal assistance for a full investigation of fraudulent activities and before XXXX LoanCare is allowed to foreclose or sell my home by falsely stating that I am in default of my loan. I have contacted both companies and my account still has not been corrected. 

The original loan the note holder has changed from : XXXX  XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, to XXXX XXXX XXXX XXXX ( XXXX ) being serviced by LoanCare ServiceLink Company. Please see attachment XXXX for the original loan which states late fees are not supposed to occur unless I pay on the XXXX of the month or after. I have tried to resolve this over the phone starting in XXXX of XXXX by written correspondence since XXXX of XXXX. 


LoanCares fraudulent and unethical actions include : - Failure to properly account for mortgage payments- Not crediting several mortgage payments - Failure to accept federal bank records and statements of proof that payments were sent showing that I have not missed or been late. Please see attachment 1. 
- Survey charges, corporate advance charges, and late fee charges including forcing late fees by holding my loan payments XXXX to XXXX days before applying payments. Please see attachment 3. 

Refusing to accept full loan payments for XX/XX/XXXX and XX/XX/XXXX ( these payments were returned stating the payments were less than the amount due ) On XX/XX/XXXX, I mailed LoanCare customer service to make my XXXX payment and was informed I had to make at least XXXX payments due to LoanCare showing my account was XXXX payments behind. LoanCare, I consented even though my account information was incorrect with the understanding that the payment would be paid on XX/XX/XXXX, as my XX/XX/XXXX payment. Yet, after talking on the phone and sending a letter directly to LoanCare my account was still not corrected. 

LoanCare demanded proof of payments, so I had to pay my bank to have an advance search for LoanCare payments to be conducted on my account. These searches are not free and I should be fully reimbursed for all fees that occurred due to LoanCares error. 

Then on XX/XX/XXXX, I sent a second letter to LoanCare and XXXX regarding the false information on my account along with the bank statements proving that I had made all my payments on time. I requested to have an account specialist supervisor contact me and for all late fees along with additional services fees that were added to my account to be removed to no avail. 

On XX/XX/XXXX I was notified that LoanCare rejected my payment for the month of XXXX. It is clear that LoanCare is not currently handling my account and foul play is at hand even though I have proved that I made all of my payments as the funds were removed from my account and have made several attempts to contact LoanCare. 

On XX/XX/XXXX I received a letter from LoanCare stating that my account had been corrected, but it did not explain what corrections were made. Please see attachment XXXX. My account was still not fixed, so I tried to correct this directly with LoanCare over the phone once again on XX/XX/XXXX. The first representative, XXXX, immediately transferred me to the wrong department instead of handling my case.I spoke with XXXX XXXX employee number XXXX and she was the first person to ask for my ticket number. 

I previously had to correct LoanCares error on my loan account number and XXXX informed me that there were no notes on my account previous to this call although I have tried to resolve over the phone starting in XXXX of XXXX by written correspondence since XXXX of XXXX. XXXX assured me that she would add notes to my account as explaining this every time I call is emotional, mentionally, and physically straining on me as I am XXXX XXXX XXXX. XXXX then had to transfer me back to the first department I called to start the process all over. 

XXXX LoneCare employee number XXXX noticed that there was an error on my account and escalled my payment as she found that XXXX payments from XX/XX/XXXX had not been applied to my account although the money was received. XXXX sent copies of the checks showing that these payments were made. XXXX informed me that she found in XXXX that XXXX separate checks were sent in that would make my account up to date, as I paid both XXXX and XXXX. 

But only was applied to my account alouth they have proof of payment and this needed to be reviewed with more information so that my account could be corrected. XXXX supervisor reviewed the information and saw that the checks showed up as cashed so this issue can be resolved as I have not missed any payments. She was not able to send me any form of written notice that the corrections would be added to my account but assured me that on XXXX the XXXX she would call me back to let me know the status of my account. 

However, on XX/XX/XXXX I received a letter from XXXX showing that my account was now XXXX month behind and that none of the payments that I made over the phone on XX/XX/XXXX for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX had not been applied to my account. Even though the money was taken out of my account on XX/XX/XXXX. Please see attachment 2. At this point it is beyond clear that both LoanCare and XXXX have no intention of correcting my mortgage loan account as they have refused several payments and have started an illegal foreclosure on my house. 

My XXXX payment that I made on XX/XX/XXXX was held for days by LoanCare who claimed to receive it on XX/XX/XXXX and then returned to me on the same day with a letter stating that they would not process my payment claiming that The payment represented less than half of the full amount due. But I am not behind on any of my payments nor was the payment amount less than my normal payment. Please see attachment 2. 

Now, I must make sure that they dont steal my house through mortgage fraud as I have proven on multiple occasions that I made all of my payments and have not been late. Despite my own best judgment I sent XXXX payments over the phone on XX/XX/XXXX in good faith to try and correct my account even though no error has been made on my part. Please see attachment XXXX for proof of this payment. 

Every time that I spoke to LoanCare on the phone I was assured that my account would be corrected and it has been wrong since XXXX. This is a clear violation of Georgia State Laws. The attached documents from my bank XXXX, prove I have made all of my payments on time and do not owe LoanCare any additional fees. XXXX is willing to send any further proof of payments necessary to rectify my account. 



Thank you in advance for your time and efforts. 

Attached 1. LoanCare Service Emails & Proof of Payments XX/XX/XXXX - XX/XX/XXXX XXXX. XXXX XXXX XXXX Payments and Refused Check Payments 3. LoanCare Notice of Payment History Correction XX/XX/XXXX 4. LoanCare Foreclosure Notice XX/XX/XXXX 5. Original Loan with XXXX  XXXX XXXX XX/XX/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