Consumer complaint received 2024-03-03
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: LoanCare, LLC (AL)

I am responding to the attached letter sent to me by Delmar dated XXXX XX/XX/XXXX signed by " XXXX XXXX '' of XXXX XXXX. 

There are many incorrect statements made in this letter : a ) This letter states that " XXXX XXXX '' of XXXX XXXX  spoke to " XXXX '' at the XXXX XXXX XXXX XXXX in XXXX, Al. 

This is false. 

No one by the name of XXXX works at the XXXX XXXX XXXX office. I spoke personally with XXXX XXXX ( XXXX XXXX Revenue Commissioner ) and XXXX XXXX ( XXXX XXXX XXXX Chief of Assessments and Collections ) on XXXX XX/XX/XXXX. They confirmed that there is no one by the name of " XXXX '' that works at the XXXX XXXX XXXX XXXX ). 

b ) The letter sent to XXXX XXXX alleges that I said that XXXX XXXX took money from me and failed to pay my taxes and insurance. 

This is false. 

All the letters I sent to XXXX XXXX and Delmar stated that XXXX XXXX incorrectly sent tax money to XXXX XXXX XXXX in XX/XX/XXXX that I did not owe and generated incorrect loan balances, reported these incorrect loan balances to all three credit reporting agencies in violation of FCRA from XX/XX/XXXX to XX/XX/XXXX and also issued an incorrect escrow statement in violation of RESPA in XX/XX/XXXX. 

I uploaded my tax exemption letters issued by XXXX XXXX XXXX XXXX to the XXXX XXXX website in XX/XX/XXXX and again in XX/XX/XXXX. The XX/XX/XXXX letter was uploaded to the Loan Care website on XXXX XX/XX/XXXX AFTER I caught an error made by XXXX XXXX XXXX XXXX which they immediately corrected. I had to upload them because Loan Care keeps making the mistake of trying to send taxes to XXXX XXXX XXXX XXXX that I do not owe. 

Ironically, this is the SECOND time that XXXX XXXX has generated incorrect escrow statements based on taxes I do not owe, even when I upload tax exemption letters to the Loan Care website. All of it is documented in detail and has been sent by email, discussed over the phone and uploaded to the XXXX XXXX website. 

c ) The letter states that after speaking to " XXXX '' ( she does not exist at XXXX XXXX XXXX XXXX ), Delmar Claims that I have to apply for tax exemption every year. 

This is false. 

As a XXXX  XXXX VETERAN AS RATED BY BOTH SSA AND THE VA, The state of Alabama does not require me to reapply for tax exemption ( see attached Alabama Law ). All I have to do is fill out an orange card that states I still live at the property. This is not reapplication and Alabama does NOT generate Tax Exemption letters. They will only issue exemption letters when lenders like XXXX XXXXDelmar keep making the same mistakes of assessing and sending tax money to XXXX XXXX when no money is owed and the lender refuses to correct the problem. 

d ) The letter states there was a change in ownership of the property. 

This is false. 

I purchased the property covered by the Delmar Loan in XX/XX/XXXX. I have owned it since that time with no change in ownership. If Delmar believes the property changed in ownership, please provide the date it was " sold '' to another party? I bought it in XX/XX/XXXX with a XXXX from Delmar and I still paying a mortgage to Delmar to this day. 

c ) The letter states that on XXXX XX/XX/XXXX Delmar contacted the XXXX XXXX Revenue Commissioners office and that the " total refund would be sent in six to eight weeks '' from XXXX XXXX XXXX XXXX. 

This is FALSE. 
On XXXX XX/XX/XXXX At XXXX XXXX I called XXXX XXXX XXXX XXXX and spoke with XXXX XXXX and advised XXXX that XXXX XXXX is saying that two amounts were disbursed in the bulk check of unspecified amount that XXXX XXXX sent from their third party processor XXXX XXXX in two amounts {$300.00} and {$2600.00} ( {$3000.00} total ) on XXXX XX/XX/XXXX. XXXX XXXX then located the payment on check number XXXX from XXXX XXXX and then advised that XXXX XXXX sent a bulk check back to XXXX XXXX on XXXX XX/XX/XXXX on check number XXXX from their account at XXXX XXXX in XXXX, Alabama in the amount of {$130000.00} along with a spread sheet showing my two parcels XXXX PIN XXXX in the amount of {$2700.00} and XXXX PIN XXXX in the amount of {$300.00}. XXXX XXXX stated that the XXXX XXXX XXXX XXXX Check number XXXX was indeed cashed and cleared XXXX XXXX on XXXX XX/XX/XXXX. 

I have this in writing from XXXX XXXX XXXX XXXX as well. 

XXXX XXXX XXXX has had the tax refunded back to them and cashed that check refund on XXXX XX/XX/XXXX. The statement made in this letter that the money would be " sent back to XXXX XXXX XXXX XXXX XXXX to XXXX weeks '' from XXXX XX/XX/XXXX is patently false and I have the documents to prove it. 

SUMMARY/REQUEST At this time it is important that Delmar provide XXXX to prove all they have written in this letter sent to me dated XXXX XX/XX/XXXX that I have challenged in this email : 1 ) Provide the full name and phone number of " XXXX '' XXXX XXXX XXXX XXXX XXXX referenced in this letter.

2 ) Show me all correspondence where I claimed that Delmar did not pay my taxes and insurance.

3 ) Show me in the Alabama law where as a XXXX XXXX VETERAN AS RATED BY BOTH SSA AND THE VA, I have to reapply for tax exemption on a tax exempt property I own in Alabama. 

4 ) Show me where my property changed ownership from when I bought it in XX/XX/XXXX to present. 

5 ) Show me when Delmar cashed XXXX XXXX XXXX XXXX Check number XXXX that was issued from XXXXXXXX XXXX  in XXXX, Al. 

The attached letter is patently false in the highlighted claims I identify within the letter. If you are unable to provide the evidence as requested, please issue a new letter addressing all 5 of these false statements with true and correct information within 30 days.