Consumer complaint received 2021-09-02
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: LA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
1 ) Carrington Mortgage Servicing did not agree with the Foreclosure Moratorium to protect Consumers ; therefore Carrington Mortgage Servicing violated the foreclosure moratorium issued by the Federal Housing Administration ( FHA ). This moratorium was issued to protect Consumers against foreclosure. The Louisiana Civil Court of Orleans Parish signed an order of dismissal, declaring that case 2012-2428 was abandoned by law on XX/XX/XXXX. ( Before the pandemic ) There have been no Pleading in the case Since XX/XX/XXXX. Carrington reinstated the foreclosure Case violating the law. ( To Circumvent the Federal Laws that Govern Lenders, Carrington Mortgage Servicing conduct certain business in the name of the Trustee ( XXXX XXXX ) Foreclosing remains a Servicing Activity as defined by the code. 
2 ) Carrington Mortgage Servicing purchased the servicing rights of many loans originated by the now bankrupt and dissolved XXXX XXXX XXXX XXXX in XXXX ; Despite paying over XXXX XXXX for the servicing, many of the were not in compliance of federal law ; 3 ) Carrington Mortgage Servicing Violated the code Notice of Error a major part of servicing is collecting the correct amount of principal and interest pursuant to the loan terms and conditions. The borrower asserted via a Qualified Written Request and Notice of Error title errors that rendered the promissory note and mortgage security instrument non enforceable by law. 
a. Carrington Mortgage Servicing failed to acknowledge in writing the receipt of a Notice of Error within five days ( This is a servicing activity ) b. Carrington Mortgage Servicing filed a Title Claim Against XXXX XXXX XXXX XXXX without giving notice to any parties involved. The Title Insurance Policy was paid for by the Consumer ( This is a servicing activity ) c. Carrington Mortgage Servicing attempted to Circumvent the Federal Laws that Govern Federally Related Lenders by using the trustees name and hire lawyers to file pleadings in the name of the trustee. The Servicer duties and responsibilities can not be delegate certain activities to the owner of the note. This is a VIOLATION OF THE LAW : 4 ) Carrington Mortgage Servicing hired a debt collection Company to file a foreclosure lawsuit without an enforceable promissory note and mortgage security instrument. The property owner never signed a promissory note or mortgage ; There is no confession of judgement or Pledge of a security by the sole owner of the property ; a. Carrington Mortgage Servicing received a request to validate the debt as being enforceable ; b. Carrington Mortgage Servicing never investigated or responded ; cXXXX XXXX XXXX ( debt collector ) received a request to validate the debt ; d. XXXX XXXX ( debt collector ) violated the FDCP Act by pretended that the debt was enforceable and never responded to the request ; e. XXXX XXXX ( debt collector ) violated the FDCP Act by not investigating or responding to the request as required by law. 
5 ) Carrington Mortgage Servicing has violated the statue of limitation imposed on Federally Related Mortgages with respect to Settlement Procedures, originations actions, a. Carrington Mortgage Servicing has file multiple lawsuits against the consumer, foreclosure lawsuit and reformation lawsuit at the same time to run up legal cost. 
b. Carrington Mortgage Servicing know that the statute of limitation ( XXXX ) has lapsed to make changes to the mortgage security instrument. 
c. Carrington Mortgage Servicing has decided to litigate Federal Matters in Civil Court to avoid RESPA rules and regulations ;

Company response to consumer: Closed with explanation