Consumer complaint received 2016-07-15
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: NV
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I am the owner of a home at XXXX XXXX XXXX, XXXX XXXX, VA XXXX. On or about XXXX/XXXX/XXXX, a Veteran 's Administration loan was closed with XXXX as both the " nominee '' and the " beneficiary, '' and XXXX XXXX XXXX XXXX ( XXXX ) as the " lender. '' They appointed attorney XXXX XXXX as trustee ( in a conversation with XXXX XXXX that I had appx a year ago, she said she had no recollection of ever being a trustee ). XX/XX/XXXX, XXXX was raided and shut down by the FBI for massive fraud. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and Reconstrust were all involved with the property for the next few years, and, then, around XXXX of XXXX, XXXX and XXXX changed the trustee to XXXX XXXX XXXX ( XXXX ). One problem : # XXXX of the Deed of Trust states only the LENDER can change trustees, and neither XXXX nor XXXX were the lender on the alleged loan-XXXX was, and they went out of business in XX/XX/XXXX. All subsequent appointments and actions of XXXX were therefore fraudulent. Carrington Mortgage Services took over around XX/XX/XXXX, and promptly threatened to accelerate the loan. I am the owner of record in XXXX County and sent them a debt validation letter to them upon receipt of their letter, which they never validated. Since then, they have, together with XXXX, twice tried to foreclose, each time being an FDCPA violation, not to mention violations of the Hobbs Act, codified at 18 U.S.C. 1951 ( a U.S. federal law that prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce-I live in Nevada ). It also a violation of XXXX XXXX, deceptive trade practices vs an older person. In XXXX XXXX, I sent a rescission letter to Carrington, which they " rejected. '' However, since the XXXX Supreme Court decision in XXXX v XXXX in XXXX XXXX, XXXX made it clear that a rescission, right or wrong, is effective from the moment it is mailed, and that a lender/servicer must bring suit within 20 days of receipt to overturn the rescission. Carrington did not bring any suit, so they are forever barred from bringing any defenses. They have harassed my tenants and thus are threatening my income, not to mention are intentionally inflicting emotional distress upon me, as I will soon be seeing a psychiatrist. Finally, they have called me twice, with an autodialer on my cell phone in the last months, which is a TCPA violation as well as another FDCPA violation. Also, Carrington ( along with XXXX XXXX ) was fined XXXX XX/XX/XXXX for fraudulent assignments-exactly what they tried to pull here, and XXXX has no license to collect debts in Nevada, which is a requirement here. The " Release '' clause in the DOT, # XXXX, says when the Lender is paid off, the property is supposed to be reconveyed ( DOT is attached, the first XXXX pages of the " XXXX '' file ). Needless to say, several parties have been paid off ( in addition to XXXX ) and no reconveyance has occurred, more fraud. Carrington Mortgage has ignored ignored a QWR letter and a UCC-9-210, which gave them 14 days to dispute my contention that there was no loan amount due. Carrington is XXXX and deserves an even larger fine than they got last year.

Company response to consumer: Closed with explanation