Consumer complaint received 2017-12-09
Company: LoanCare, LLC
State: MI
Product: Money transfer, virtual currency, or money service
Sub-product: Refund anticipation check
Issue: Lost or stolen check

Complaint:
I was issued a check from my mortgage company in which I am filling the complain against, My LoanCare - a loan servicing Company, in which the check that was issued was for overstated escrow due to when i purchased me house this year. The amount of the check was {$1800.00} and was issued on XXXX/XXXX/XXXX and was mailed to my name and my home address.I never recieved the check and am just now following up with the situation because I was unaware that my mortgage company would be issuing a check. The reason why I followed up with the company was because I had recieved my winter tax statement and wanted my mortgage company to know what tax bill was due and with that, I wanted to know how much was overstated in my escrow account. I was then told that the check was issued back in XXXX in the amount above and that it was cashed on XXXX/XXXX/XXXX. I informed the company that I did not cash it and a representative told me that the check appeared to be signed over to another individual. I informed the mortgage company that it was fraud and I never recieved the check nor did I sign the check over to someone else. I then requestsd an image of the check which they then emailed me. From the check image, my name was signed ( forged ) and the individual that forged it made it payable to themself. That individual them took it to XXXX XXXX Bank to deposited/cash the check based on the stamp that was used on the back of the check. I was informed by the mortgage company that I would need to contact XXXX XXXX and file a police report as it was out of the mortgage companies hands because XXXX XXXX was liable for the transaction. I contacted XXXX XXXX and they could not give me much information due to confidentiality and that my mortgage company must file a fraud report to the company in whol they hold their accounts with, which is XXXX XXXX. I then contacted my mortgage back to inform them that I had filled a police report and they requested that they needed a copy of the police report before they could consider re-issuing a new check to me. After a day, i contacted the mortgage company back to follow up on anything else they might need but also the supervisor had expressed he was going to speak to his supervisor to see if hey could re-issue a check regardless. Once I called back they stated they could not help anymore as it was not in their control and they do not have a fraud department and it must be followed up by my local police to get my money back. Because of this, I feel that I have been doing my mortgage companies investigation and they are not offering to help me and that is why I want to file a complaint. I am also going to follow up with my local police department/detective that will be working on thr case as they can gather more information due to their being a case open. In addition, I informed my mortgage company that I woild be acquiring an attorney for legal action against them or the individual that took the check and forged my signature and used it for their own benefit. Lasty, I contacted XXXX XXXX to understand how their policies work for XXXX party ( signed over ) checks. The supervisor informed me that they do not allow signed over checks and are unsure to why that check cleared for the accused person. I have a copy of the check if you need it, an email from a manager at XXXX XXXX to confirm that the check was cashed, and a police report number. I believe that I am protected by Consumer ( financial ) Protection Act,  the FTC, and more.

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