Consumer complaint received 2016-07-14
Company: LoanCare, LLC
State: VA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Loan Care, A Service Link Company, services our home mortgage. We proactively attempted to negotiate a loan modification that would allow us to stay current on payments until such time that we can sell the property. XXXX of us started new employment that requires relocation to XXXX XXXX Indiana. He is currently employed with in a temporary assignment with the new employer until the relocation can occur. 
We initially contacted Loan Care on XXXX/XXXX/XXXX seeking a payment reduction and subsequently made our regular payment on XXXX/XXXX/XXXX. The phone call informed us that they would not or could not do anything for us and that failing to make the payment by XXXX/XXXX/XXXX would be reported to the credit agencies. 
The fact are as follows : Delinquent Notice mailed via USPS dated XXXX/XXXX/XXXX XXXX dated XXXX/XXXX/XXXX notifying us that our loan is in default. Sent via UPS. 
Phone call to me on XXXX/XXXX/XXXX by XXXX XXXX advising us that our request for Loss Mitigation Options. I was told that we were n't eligible for the program and the case was being closed without consideration. No reason was given for this determination. 
Letter dated XXXX/XXXX/XXXX sent via USPS notifying us that XXXX XXXX was being assigned as our Mortgage Resolution Advocate. 
Letter dated XXXX/XXXX/XXXX delivered via UPS. This letter is in response to that package. 
Following is a list of our contact with LoanCare that was initiated by us, the homeowners : Phone call on XXXX/XXXX/XXXX asking if there was anyone to talk to regarding a payment modification or interest only payment. LoanCare response was " No. There are no options for loan modification. We were instructed to make the payment by the last day of the month or LOanCare would report the delinquency to the credit agencies. '' Full payment in the amount of {$3100.00} was sent on XXXX/XXXX/XXXX. 
After we received the letter on XXXX/XXXX/XXXX notifying us of the defaulted loan I called again and talked with operator # XXXX who directed us to MyLoanCare.com to get instructions and forms to apply for Loss Mitigation. Multiple times this operator inquired about a " short sale ''. Each time I told her that the house was up for sale but it was not a short sale. In fact, we have significant equity in the property. At this time, I also updated our phone number again. 
Now, 5 months later, LoanCare has offered proposed modification terms but they are ridiculous. They expect us to make a modified payment by XXXX/XXXX/XXXX after they delayed the whole process by 5 months. 
Further, LoanCare has acted fraudulently by stipulating in the first paragraph of their letter dated XXXX/XXXX/XXXX that they have tried to contact us to discuss loan foreclosure prevention which is an outright lie. We contacted them 5 months ago! And there has been subsequent communication on a continuous basis. We find these actions be to hostile and damaging to us and LoanCare should not be allowed to execute such processes as they create unnecessary anxiety as well as having caused damage to our credit rating. How can they possibly get away such actions? The have lied outright, failed to respond to our initial query, extended the time to resolve that matter and now they want to put us under totally unnecessary financial strain that could have been resolved 5 months ago in XXXX, XXXX. 

We would appreciate assistance with this matter considering their actions were in fact fraudulent. How can they possible expect us negotiate in good faith or to accept their offer when they have blatantly lied, and in writing no less. And should we pursue XXXX as also offered we have no confidence LoanCare will act in our interest. 

We are attaching backup documents for your review. 

XXXX and XXXX 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