Consumer complaint received 2017-06-05
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: CARRINGTON MORTGAGE SERVICES, LLC (MA)

Im filing a complaint against my current mortgage servicer Carrington Mortgage Servicing ( CMS ) for misapplication of payments as well as erroneously and illegally reporting my mortgage payments delinquent for more than 4 months. The misapplication of payments ultimately led to my mortgage being placed into foreclosure at one point. These servicing abuse issues have led to decimation of what was once considered A+ credit rating, to approximately a XXXX credit rating which is considered very poor. Furthermore to add insult to injury I was also charged excessive late fee totaling almost {$400.00}, these fees have never been adjusted even after CMS realized what their accounting departments had done wring. This abuse has caused irreparable damage to my credit profile and has caused me great emotional distress. My loan was originally being serviced with XXXX ( XXXX ) and had for many years with no incident. In fact I rarely spoke with anyone from XXXX, since my payments were automatically deducted. My issue began late XX/XX/XXXX, when I had received a foreclosure and demand for payment notice. Apparently my loan had been service transferred from XXXX to CMS, and transfer notice letters were sent to an unknown address of ( XXXX XXXX XXXX ) on XX/XX/XXXX. According to my credit reports this address has never been reported as my own, and to this date there has been no disclosure from XXXX nor CMS, as to where the servicers acquired this factious address. My credit reports reflect that my loan was transferred from XXXX, as of XX/XX/XXXX. CMS, has the account reported as 5 months delinquent while XXXX was still while using the Automated Clearing House ( ACH ) system to draft monthly payments from my personal account, taking note that a notice of transfer letter had been sent to the wrong address, unbeknownst to me. Notice of Transfer of Servicing Rights is usually referred to as Notice of Transfer or Goodbye Letter. As per Regulation X, the requirement for sending a Notice of Transfer only applies to first lien loans Regulation X prescribes the requirements for Notice of Transfer under 1024.33 ( 12 CFR 1024.33 ). Regulation X implements Real Estate Settlement Procedures Act ( RESPA ) and is enforced by Consumer Finance Protection Bureau ( CFPB ). Modify Payment Setup You have maximum 60 days You should receive a Notice of Transfer at least 15 days from the effective date of transfer of servicing. You will have to amend the payee name, address, and account numbers for any ACH, Bill Pay, or other automatic payments. You have up to 60 day grace period starting from the date of transfer of servicing to send the payments to the present ( transfer or ) servicer. During this time you will not be assessed any late fee or your payment will not be reported late if you send the payment before the payment due date to the present servicer instead of the new ( transferee ) servicer. However, it is best to start sending payments to the new servicer as soon as possible. Effect XX/XX/XXXX. Given the high volume of recent servicing rights transfers, the CFPB determined that the time was right to provide servicers with notice that their policies and procedures on servicing rights transfers will be closely scrutinized.