Consumer complaint received 2015-11-18
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: MN
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
four months ago I sent a debt validation letter to Carrington Mortgage service, disputing my alleged debt, and asking them to prove ownership of the note. they replied with " copies '' of a note signed to XXXX XXXX XXXX XXXX and declared they own it now. I sent another letter stating that copies of an alleged note do not apply under the XXXX and wanted them to show me the actual physical note in order to prove their claim of ownership, as so far their word that they do, does not serve as proof of ownership. They sent my second letter back accompanied by their own letter stating they did not know what I was asking for, so they were placing my claim as invalid. During this time I did not pay them anything they said I owed because of their failure to verify. According to notices I was receiving and my credit report, they continued to keep my " account '' active and continued to accumulate late payments. I sought to resolve this in court, I personally prepared a case using laws in the FDCPA and the XXXX, and took it to my local court house. I was turned away by the clerks saying they would not file a lawsuit unless I had a lawyer. So I began calling lawyers. The lawyers who had any knowledge of the FDCPA or the XXXX or even mortgages told me they would n't do anything until I paid a retainer and hourly fees, which I can not afford. I finally got ahold of a lawyer through the Volunteer lawyers network, and he advised me to petition the Minnesota attorney general with my complaint, which I did. My response from them was to contact the CFPB, because Minnesota judges were split on how to proceed with cases of this nature, and the CFPB was a federal body which could help. I did n't know what to do at the time because Carrington Mortgage Services was still considering my requests invalid and threatening to foreclose on my home, and time was ticking by. So I resolved myself to throw in the towel and call Carrington to try and work something out. I called them and went through an information process to try working out a repayment plan for the alleged debt and my delinquency thereof. They told me I did n't make enough money to do a repayment so I had to catch it all up before they would work with me. It took me a month to save and borrow enough money to cover what they said I was delinquent by, and I called them with bank info in hand in order to pay it. They refused to take my payment due to my " foreclosure status. '' I told them I had no idea I was officially in foreclosure and I have the money to pay. They said it did n't matter and they had to request a " reinstatement amount. '' I asked how long that would take, and this call being made on a Friday Morning they said they would get it to me by email as soon as they got it. The following Monday I received a letter from a lawyer representing them, and a letter from them as well, XXXX stating I am officially in Foreclosure. I called them same day and they still did n't have the reinstatement, I called them on Tuesday, still no statement. I ended up getting ahold of the CFPB by phone who transferred me to a mortgage councilor. Together we called Carrington and got the same result. In an attempt to wrap this up before I run out of characters, my complaints can be summed up as. 1. they claim to own an invalidated debt due to their noncompliance and willful dissent of my requests. 2. while in dispute they are allowing the " late payments '' to accumulate in order to exact a foreclosure. 3. My credit report still reflects payments are current in lieu of their claim I am in foreclosure. 4. Due to this lack of compliance, due diligence, and proper communication they are trying to collect extra late fees and lawyer costs of this entire process. None of my understanding of the law or morality says any of this is right. I have dates, documents, and legal evidences supporting all of my claims.

Company response to consumer: Closed with explanation