Consumer complaint received 2020-01-16
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: LoanCare, LLC (TX)

LoanCare I do not know which address is correct because Ive been given all the below addresses : LoanCare XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX LoanCare , LLC XXXX XXXX XXXX XXXX XXXX, VA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX To Whom It May Concern : PLEASE CONTACT ME IMMEDIATELY AT THE ABOVE EMAIL ADDRESS AND/OR PHONE NUMBER TO ADDRESS MY LETTER. 

I am writing this letter to document the gross inconsistencies in information, communication, and directives from LoanCare which have resulted in my mortgage situation slipping through the cracks and LoanCare grossly violating my rights as a mortgage holder and LoanCare engaging in fraud. 

My mortgage was sold in XX/XX/XXXX after I was approved for a permanent modification. Between XX/XX/XXXX and XX/XX/XXXX, I WAS NEVER TOLD via email, paper mail, or phone to : Refresh my modification paperwork, Make trial payments, Clarify paperwork, Provide additional documentation, or Any other reasonable and necessary communication re : my mortgage and the status of it. 

Instead, EVERY TIME I proactively corresponded with LoanCare I was told they have what they needed and to wait to hear from them. THEN, more than FIVE months after the transfer of my mortgage and the confirmation of the receipt of my final modification paperwork I was sent a bill for {$55000.00}. 

I have been : Making qualified written request to the email address given to me by LoanCare representatives, Requesting responses to my inquiries, Asking for accurate information re : the status of my account, and Repetitively offering to make payments, all which have fallen on deaf ears and I have not received any written responses. Additionally for the past 9 months I have been received inconsistent instructions from LoanCare. I can not get a straight response, and have not been able to. Please see the end of this letter for specific rights which have been violated. 

I want my permanent modification honored and to be able to start paying my approx. {$2000.00} per month immediately that I have been requesting to do since XX/XX/XXXX. I want the past due amount added back to my loan as XXXX approved to do in the permanent modification. This was settled and determined with XXXX BEFORE my loan was sold to you. 

This letter is my last attempt to receive a resolution to this situation before I get : my attorney, the Texas Department of Savings and Mortgage lending, the Federal Trade Commission, and the Consumer Financial Protection Bureau, involved. 

I will not continue to allow myself, my mortgage, my credit report, and my emotions to be collateral damage from the sale of my loan from XXXX to LoanCare and I will not continue to be ignored and bullied. 

I am alleging fraud by LoanCare. I understand that the transfer of mortgage is a logistical and paperwork challenge. However, it is fraud that LoanCare sent me a bill dated XX/XX/XXXX alleging that I have 6 delinquent payments, but I never received ANY notice of the payments via paper mail, email, or telephone call. Each time I call or email I never get an answer, am treated extremely disrespectfully, and my repetitive requests to begin paying are denied. 

Below please find the timeline of facts. Written proof of these emails and proactive written correspondence are attached. 

XXXX XXXX letter confirming forbearance program extending my temporary payment break to XX/XX/XXXX XXXX XX/XX/XXXX Trial Payment XXXX XX/XX/XXXX Trial Payment XXXX XX/XX/XXXX Trial Payment XXXX XXXX Permanent Modification Approval Letter. 

I spoke to XXXX and was told that I would start paying again and it would be around $ XXXX/month and once I sent in my final modification paperwork, they would resume billing. 

XXXX I received the notice that my loan had been transferred to XXXX from LoanCare. 

I immediately called the LoanCare phone number and spoke with XXXX. 

She assured me XXXX was sending my PERMANENT MODIFICATION DOCUMENTS and she asked me to send a copy of those documents to the email address : XXXX, which I did. 

I also indicated I travel a lot so the best way to reach me is phone or email and I included my contact information. 

I registered my online account and was given a confirmation email, with the email address for customer service. 

I also registered for e-statements. 

The e-statement confirmation states : A notice will be generated to you at your email address listed on the website. This notice will inform you that your statement is available for viewing on the website. 

TO THIS DATE I HAVE NEVER RECEIVED A NOTICE ( or any statements ) AT MY EMAIL ADDRESS!!! 

XXXX I sent another email. 

XXXX I sent another email because when I called loss mitigation I was told that you are working on it and someone would be in touch. 

XXXX I sent another email and I called and was finally able to get into the phone system. I spoke with XXXX. At first he said he needed some paperwork and sent me some documents. Then, a minute later he said Nevermind, I see it right here, you dont need to do anything and he confirmed that you have my paperwork and he told me it was being worked on and I need to sit tight. 

At this point I was very concerned because I realized I should have started paying in XXXX or XXXX. 

I offered to start paying and told him that I was happy to do so. He told me you would not receive payments at that time and that I just needed to wait until you finish processing my paperwork. 

He told me to wait a month or so, and then call back. I was traveling and out of the country XXXX and early XXXX. 

XXXX I received an email showing my property taxes were paid. 

This email confirmed that XXXX is the address to which I should be sending correspondence, which is what Ive been doing. 

From your email to me : If you have any questions about your account or need assistance, please email us at XXXX. 

XXXX I sent ANOTHER email and tried to call THREE times. The phone system would not allow me in and I was never able to reach anyone. 

Again, I offered to start paying and wanted to get this situation resolved. 

My email was met with this response : This email address is no longer being monitored. If you are a customer, please log into our website and submit your request using the self-service options. 

XXXX I sent another email via the system and was finally able to speak to someone at LoanCare. 

The first person I spoke with was named XXXX. She was extremely disrespectful to me and did not listen to my situation. I was transferred to the team lead, XXXX XXXX. He told me he would look into it. 

XXXX I called LoanCare again and spoke to XXXX. He told me that I owed {$59000.00} and I could lose my home. 

At this point I did not understand what he was talking about because I had not received ANY NOTICES to pay or any bills, etc. in either email ( which I registered for e-statements ) or in paper mail. 

He sent me paperwork and said I needed to fill it out, so I did immediately. He sent me the forms at XXXX EST and I returned them by XXXX EST, not even 2 hours later. 

XXXX I called LoanCare again. I spoke with XXXX then her supervisor XXXX. XXXX admitted they received the paperwork from XXXX in a timely manner. She said it didnt get into the system. 

XXXX said he would try to do what he could to help. 

XXXX I spoke with XXXX at LoanCare XXXX I received my mail from my Texas address. In there were two documents. One was dated XX/XX/XXXX, the other was dated XX/XX/XXXX. 

These documents were mailed to me MONTHS after I registered for e-statements and received a confirmation that you received my request. The reason I made the request was that I travel frequently and do not receive my paper mail on a daily basis. 

The document dated XX/XX/XXXX alleges that I am late on my payments and lists 6 months of payments. Yet, I have NEVER received a bill for any of those. I would have HAPPILY started paying! And Each time I offered to pay via phone, I was told that I could not. 

The letter dated XX/XX/XXXX says that I do not qualify for a modification. However, my modification was already approved by XXXX, the paperwork was received by LoanCare, and LoanCare did NOT ask for additional documentation until XX/XX/XXXX when XXXX emailed forms to me. 

Specifically, LoanCare has violated these rights. The highlighted bolded areas are items that LoanCare violated : My rights under the Federal Fair Debt Collection Act. 
Mortgage companies have a legal obligation to protect consumers during loan transfers between mortgage servicers. That means paperwork should not be lost, servicers should not lose track of a homeowner 's loss mitigation plans, and they should not hinder a consumer 's chance to save his or her home from unnecessary foreclosure. 
'' Consumers should not be collateral damage in the mortgage servicing transfer process, '' said Consumer Financial Protection Bureau Director XXXX XXXX. 
Your servicer also must have policies and procedures in place so that they can assign people to be your point of contact within 45 calendar days after you become delinquent on your loan. The people assigned to help you should : o Be reachable by phone o Respond to your inquiries o Give you accurate information about available loss mitigation options to avoid foreclosure and how to pursue those options, including actions you must take to submit a loss mitigation application o Have information about any loss mitigation application you have submitted A statement that the transfer will not affect any terms or conditions of your mortgage, except those directly related to the servicing of the loan. 
A statement explaining your rights and what to do if you have a question or complaint about the servicing of your loan. 
Under federal law, your mortgage servicer must respond promptly to written inquiries, known as qualified written requests. 
If you believe youve been charged a penalty, late fee or some other fee by mistake, or if you have other problems with the servicing of your loan, write to your servicer. Include your account number and explain why you believe your account is incorrect. Send your correspondence to the address the servicer specifies for qualified written requests. 
The servicer must send you a written acknowledgment within 20 business days of receiving your inquiry. Then, within 60 business days, the servicer must correct your account or determine that it is accurate. The servicer must send you a written notice of the action it took and why, as well as the name and phone number of someone to contact. 

Please contact me at the above email or phone number to begin payment arrangements.