Consumer complaint received 2022-09-13
Company: LoanCare, LLC
State: NJ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, I filed for XXXX XXXX Bankruptcy Protection. My plan was completed and an order was entered granting a debtor discharge on XXXX XXXX. The case was subsequently closed on XX/XX/XXXX. There were mortgage arrears put through my plan at the time I filed for bankruptcy, which were paid in full. 
On XX/XX/XXXX, XXXX XXXX, lawyer for XXXX XXXX XXXX, filed a response to the final cure that I was not current on post-petition arrears in the amount of {$6600.00}. I questioned this amount because it did not seem accurate to me. My billing statements for XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX showed there were no payments due and that the company owed me money. I believe I may have accrued post-petition mortgage arrears, however I believe these arrears were due to incorrect billing statements sent to me by my mortgage company XXXX XXXX XXXX and their loan servicer Loan Care LLC. I also believe the lawyer, XXXX XXXX, for XXXX XXXX XXXX may have misfiled my payment amount ( Notice of Payment Change ) with the bankruptcy court for the year of XXXX. The document shows that my payment due was {$1300.00} beginning XX/XX/XXXX. Despite this I received bills from XXXX XXXX indicating a higher payment was due. I later found a document for a client by the name of XXXX XXXX included with my paperwork. Her payments due were {$1300.00}. 
I called XXXX XXXX XXXX on XX/XX/XXXX at approximately XXXX and spoke to XXXX XXXX ID XXXX ). She told me that I owed {$6600.00}. I asked how this was possible. She stated that I owed a partial payment for XXXX ( my billing statement showed no payment was due, though I made a full payment ) and a payment for XXXX ( statement also indicated no payment due ). I asked why this didn't reflect in the bill I received and was told because it's post petition. I was also told that they are owed {$640.00} from the bankruptcy, even though my response to final cure shows all payments were made. She told me they were holding an unapplied amount that I paid to them of {$1500.00} in a suspense account. That amount is more than XXXX mortgage payment. I was also informed that there were misapplied payments from XX/XX/XXXX to XX/XX/XXXX. She did not tell me how or where they were applied. 
I have several statements that indicated I either owed no money, or owed partial payments. I turned this information over to my lawyer, XXXX XXXX. He has been working on this issue since we got the response for the final cure in XXXX. Despite our attempts, XXXX XXXX will not turn over accurate records. During this they sent me several misleading/confusing documents, One stated I owed a payment for XXXX plus the late fee and then I received another letter stating I owed the payment with no late fee. Both were dated the same day. In XXXX, I received a Notice of Intention to Foreclose, indicating there was a default of {$6000.00}. I was continuously making payments at the time, however, they stopped taking my money in XXXX. They sent my attorney a letter with reinstatement figures of {$8000.00}, of which {$380.00} were additional fees. My mortgage did not need to be reinstated. I just wanted accurate/concise documentation. I disagree with the reinstatement figures, and do not feel I should be held responsible for additional charges as Ive been trying for months to get an accurate amount to cure my post-petition arrears. XXXX XXXX has sent me into collections and into foreclosure. I have requested a figure to cure the loan just so they stop tacking attorney fees and foreclosure fees on me. As of today, XX/XX/XXXX, Ive yet to get that amount. 
In addition, a deed transferring my property from myself and XXXX XXXX to just myself was filed with the XXXX XXXX XXXX on XX/XX/XXXX. The Deed and Mortgage are solely in my name. The mortgage company continues to address XXXX XXXX XXXX with all documentation, even going as fas as tracking down his new address and sending my info to him. My attorney has advised both XXXX XXXX and their attorney of this and they continue to send him notices. 
On a final note, XXXX XXXX has consistently been late in forwarding my mortgage statements to me. My attorney attempted to address this with correspondence to them on XX/XX/XXXX and they continued to arrive late, causing me to accrue late fees. 
I want this rectified. I want my accurate figure. I have copies of all payments remitted to XXXX XXXX and Loan Care LLC. I should not be charged fees and be thrown into foreclosure because of their failure to provide me with clear, concise records that I requested months ago. 

I have included several documents, including some of the incorrect statements they sent to me. I have copies of all payments made and can provide any additional information if necessary.

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