Consumer complaint received 2019-12-02
Company: LoanCare, LLC
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
LoanCare, LLC
Attn:  Mortgage Resolution
XXXX XXXX XXXX
XXXX XXXX, VA XXXX


													

COMPLAINT REGARDING FAILURE OF SERVICER TO ACKNOWLEDGE AND RESPOND COMPLETELY WITHIN THE REQUIRED TIME FRAME TO R.E.S.P.A. QUALIFIED WRITTEN REQUEST 

Dear Sir or Madam: 

Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e).   

Now, we urge LoanCare LLC to understand its obligations and to acknowledge this QWR and our complaint properly and completely and respond to its ENTIRETY and WITHIN the required time frame.   

Specifically, we are disputing:  a) the identity of a true secured lender/creditor, and b) the existence of any and all debt, and c) your authority and capacity to collect on behalf of the alleged lender/creditor.  Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor.  

Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor.  You have not provided this information to us as previously requested and we are therefore requesting it again.  

Additionally, we are asking you and any and all subsidiaries, affiliates, and vendors to be fully aware of state and federal obligations and we are requesting immediate cease and desist of any further tactics to illegally gain control over our property.      Therefore any further telephone communication shall be considered harassment and in violation of 15 USC Section 1692d and is subject to further State and Federal penalties.

Therefore, again pursuant to “Subtitle E Mortgage Servicing” of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1), please provide:

1.  	A full, double sided, certified “true and accurate” copy of the original promissory note and security instrument and all assignments of the security instrument.
	
2.  	Full name, address and telephone number of the actual entity that funded the transaction.

3.  	Full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates.  (Note: If the note number is being traded in a Fannie Mae Trust or Freddie Mac Trust, please provide all information to identify the Trust (i.e. Fannie Mae Pool Number, CUSIP Number, REMIC or SMBS Trust Number and Trust Class/Tranche).

4.  	Full name, address, and telephone number of the Trustee.

5.  	Full name, address, and telephone number of the Custodian of our original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.

6.  	Full name, address, and telephone number of the Custodian of our original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.

7.  	A physical location (address) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents.

8.  	Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account.

9.  	The electronic MERS number assigned to this account if this is a MERS Designated Account.  

10.  	Proof of true sale of the note from alleged Lender to investors, by showing:
Wire transfer document(s), and/or Signed purchase and sale agreement(s), Bank statements or similar documentation.

11. 	Provide an audit trail of the alleged transfer in ownership and alleged transfer in security interest and evidenced in the MERS Milestone Report and, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems.  Please provide all information regarding MERs and the servicer compliance with the provisions of any and all MERS Member Agreement, Rules, and Procedures.  

12.  	A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts (i.e. principal, interest, suspense, escrow, etc.) payments were applied.

13.  	A complete and itemized statement of all advances or charges against this account.

14.  	A complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter.

15.  	A complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company or any related company, the amount of commission received for each force-placed insurance event, and an itemized statement of any other expenses, related thereto.

16.	A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account.

17.	A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan. 

18.  	A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account.

19.  	Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof.

20.  	Complete copy of any transaction report(s) indicating any charges for any "add on products" sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter. 

21.  	Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter.

22.  	Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter. 

23.  	Complete, itemized statement of the current amount needed to pay-off the alleged “loan” in full.

25. 	Verification of any and all notification provided to us as of a change in servicer. 

You should be advised that within FIVE (5) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY (30) DAYS to fully respond as per the time frame mandated by Congress, in “Subtitle ‘E’ Mortgage Servicing” of the ‘‘Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1).

TRUTH – IN-LENDING ACT § 131(f)(2)

Pursuant to 15 U.S.C. § 1641 (f): 

Please provide the name, address and telephone number of the owner(s) of the mortgage and the master servicer of the mortgage. 

LoanCare should be advised that Violations of this Section provides for statutory damages and reasonable legal fees. The amendment also clearly provides that the new notice rules are enforceable by private right of action. 15 USC 1641

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