Consumer complaint received 2021-10-01
Company: LoanCare, LLC
State: FL
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
Despite my loan serving company LOANCARE being professional and polite they have been inconsistent, incorrect, and have unfairly denied me the " full extent " of my rights under the Cares Act and the VA Administration 's requirements for VA funded loans as it pertains too being granted # 2 consecutive 180 day forbearance periods as well as # 2 additional 90 day extensions if requested by the borrower due to the pandemic hardship. However I was not provided the full term I was entitled too by law. And to date I have not been able to have them manually correct their error and or flaws in their forbearance extension process. ( That I was instructed and directed to contact via # 4 separate phone message requests ).

The fact remains I was denied the complete first 180 day period allowed under the Cares Act, due to a very misleading and completely unmanned or unmanaged automated phone process. I am not saying their continuous looping automated unmmanned system with no prompts to exit to a live agent was done intentionally to shorten borrowers allotted time under the Cares Act, however it has directly caused the situation now being addressed in my complaint. 
Let me explain the time line and facts : On or about XX/XX/XXXX I called LOANCARE who services my VA Loan per a suggestion from my VA Rep. and requested a 180 day forbearance under the cares act. I was given and granted " one option '' a " FULL '' 180 day forbearance period that would be automatically extended when it ends if still under hardship for a second additional " FULL " 180 day period, and if needed followed by two additional 90 day extensions.

I was told that " there was nothing else I had to do, meaning as long as I was still experiencing difficulty due to circumstances of the pandemic " I DIDN'T NEED TO CONTACT THEM AND THE SECOND 180 DAY FORBEARANCE WOULD AUTOMATICALLY GO INTO AFFECT AT THE END OF THE FIRST 180 DAYS " ( Both WHICH WOULD HAVE ENDED THAN APPROX. XX/XX/XXXX ) AND NOT ON XX/XX/XXXX 55 # DAYS EARLIER AS IT IS SCHEDULE TO END AS OF NOW!!! Additionally I was sent at least two emails from LOANCARE stating the exact same instructions, I WILL INCLOSE COPIES IF POSSIBLE.

So I was told verbally during my original approval and subsequently in writing on several occasions I din ; t have to do anything to have the second 180 start at the end of the first 180 days. However by the first week of XX/XX/XXXX less than 90 days into the 180 day forbearance I began receiving at least # 2 or more phone recorded messages per week from LOANCARE stating I needed to call a certain number as soon as possible. After the fourth call and being concerned as to why are they calling I called the number. The number was automated and looped with no prompts to speak to any live agent. The recording basically discussed the forbearance and if you were still experiencing hardship and it prompted borrowers to select certain prompts to confirm still having hardship etc. After three full consecutive attempts and no other choice I decided to continue through the recorded message and the prompt asking to confirm I was still experiencing hardship. That call took place XX/XX/XXXX. however the result of the call was the system ended my originally approved first 180 day period under the law and started the second one immediately simply by confirming the borrower was still having hardship as requested to get through the process, I thought perhaps as I confirmed I could finally be rerouted and speak with a live agent and fine out exactly why this was requested, why I was called in the first place when told I wouldn't be contacted nor would I have to do anything to get approval for the second term when the first one ended. And why not automatically extended etc ... AS INSTUCTED I can't imagine how many other people were directed to this misleading process and have also now lost days they were entitled under the law. 

Finally, I called on Friday XX/XX/XXXX within 30 days later as I realized they shorten my allowed time by 55 days and spoke with a XXXX the call is logged. She explained because I was behind that is why the calls went out and I stated I didn't by that excuse because I wasn't called in late XXXX, XXXX XXXX or XXXX. I told her I want it manually corrected to reflect my full 180 days for both periods and should be extended to XX/XX/XXXX. She replied well sir under the Cares Act and VA regulations when it ends in XXXX XXXX, XXXX you can simply request up to two additional 90 day extensions. I replied why do I have to start my two additional 90 day periods nearly two months earlier because of their faulty process and she had no answers, At that time I requested a supervisor. At that point I spoke with a female supervisor XXXX XXXX and I went through everything again. First she stated originally when I applied I should have been given three options # 3 months # 6 months and a # 12 month forbearance period. I explained I wasn't and I was again told # 2 # 6 month periods with nothing to do in between per my application and first call and several follow up emails it would extend automatically. Than I explained what XXXX stated I could still apply for two additional 90 day periods and I again stated why do I have to request those 55 days earlier than I should have under my original approval??? She went to check some notes and returned and seemed completely confused! She than stated actually under the Cares Act people could only get two 90 days total, I was shocked and stated I beg to differ and you told me when the call started I should have been offered three choices of 3 months, 6 months and 12 months, now your saying two 90 day periods total, the conversation didn't make any sense beyond that point and she seemed very confused and said well sir I will look into the calls, and options and your request to manually correct the date to include the additional 55 days I felt I was cheated out of getting under the law, and she would contact me by phone, To date no one has contacted me or corrected the date from XX/XX/XXXX to XX/XX/XXXX. I called last week and spoke with them and no more information was put into comments, the calls weren't pulled ( even though they don't need to be pulled as far as I am concerned because I am entitled to two full 180 periods. PLEASE HELP ASAP, REPESPECTFULLY XXXX XXXX XXXX email at XXXX, thank you. HAVE A SAFE AND BLESSED WEEK

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