Consumer complaint received 2024-07-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Credit monitoring or identity theft protection services — Billing dispute for services
Company: LoanCare, LLC (TX)

I sent the mortgage servicers ( LoanCare ) the following letter disputing the late payment and requesting its removal. My request was denied. 

On XX/XX/2024, my XXXX credit report showed a XXXX late payment in the amount of {$10000.00} for my late mortgage payments, which is against numerous communications received from my mortgage servicers as will be explained down below. 

On XX/XX/2024, the new mortgage servicer, XXXX XXXX / LoanCare, informed me of the transfer of mortgage effective XXXX. On the second page, they stated that federal law grants me a XXXX grace period to make payments without it being treated as late. I quote Under Federal law, during the XXXX period following the effective date of the transfer of the loan servicing, a loan payment received by your old servicer on or before its due date may not be treated by the new servicer as late, and a late fee may not be imposed on you. ( attachment # XXXX ). 

On XX/XX/2024, a similar letter was received from the new mortgage servicer, LoanCare, stating a default on my mortgage payments in the amount of {$10000.00}. The letter confirmed that I have until XXXX to cure the default in accordance with the XXXX federally mandated grace period. I quote You have the right to cure the default on or before XXXX by sending the required amount of {$10000.00}. ( attachment # XXXX ). 

Additionally, because late mortgage payments were still within the grace period, my XXXX mortgage statement indicated that late fees will only be assessed after XX/XX/2024. ( attachment # XXXX ). 

Furthermore, it is worth noting that I have filed for hardship assistance on XX/XX/2024, due to unforeseen excessive obligations. As informed by the LoanCare representative, I were to be shielded from negative reporting on my credit until the application is resolved by the underwriting team. ( attachment # XXXX ). 

On XX/XX/2024, I called LoanCare customer support, and the same previous information was conveyed by the LoanCare representative, confirming that the XXXX late payment is wrong and was made in error. The representative instructed me to send a letter to the LoanCare dispute department to have it taken off my credit report. ( reference : my account notes and recordings with LoanCare ). 

The following day on XX/XX/2024, I spoke to another LoanCare representative and brought my account current by making a single payment in the amount of {$13000.00} with a confirmation # XXXX. ( attachment # XXXX ). 

I am requesting the removal of the XXXX late payment reported on all XXXX of my credit report as it violates the RESPA 60-day ruling. 

List of Attachments XXXX XXXX  Credit pull with XXXX credit report showing a XXXX delinquency. 
2. Letter from the new mortgage servicer, XXXX XXXX, stating XXXX as the effective date of mortgage transfer with XXXX federally mandated grace period from the effective date. 
3. Letter from the new mortgage servicer, LoanCare, confirming my right to cure the default by making the payment until XXXX with no penalty. 
4. XXXX mortgage statement. 
5. Letter from LoanCare acknowledging receipt of my hardship assistance application. 
6. Proof of payment of all outstanding balance on XXXX. 
7. Copy of my rights under the Real Estate Settlement Procedures Act ( RESPA ) from the Federal Trade Commissions website.