Consumer complaint received 2021-08-14
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — 
Company: CARRINGTON MORTGAGE SERVICES, LLC (TX)

To whom it may concern : My father purchased a home for me I believe in XXXX in XXXX XXXX, NM XXXXXXXX XXXX XXXX XXXX XXXX, NM XXXX. As my father got sick he placed the home in a trust and trusted the home to me. My mother is the trustee of the trust. XX/XX/XXXX my husband and I finally decided to refinance the home into our names due to the drop in interest rates. We recently decided to sell the home due to the market being a sellers market. During this process we found out that we had a mortgage and no home. Carrington Home Mortgage used XXXX title company to change the title. The warranty deed was never signed by the trustee of the will which would have been my mom so the title was never changed with the county. The WILL also held my home free and clear with no mortgage attached to it but my husband and I were responsible for the mortgage. This process has caused additional expenses and stress. The buyers are now renting the home from us as they sold their home thinking they would be in our home within 30 days. There was no title insurance policy ever issued because the warranty deed was never singed. Carrington Home Mortgage and XXXX have been horrendous to deal with in this process completely ignoring all of my husbands and my phone calls. We have tried filling complaints with both XXXX and Carrington and we have gotten no where. XXXX VP told us there was nothing else to do but to have the warranty deed signed now and tell out buyers they will need to wait the 91 days before a title can be changed through on FHA loan or find new buyers. My husband and I canceled our contract with our property manager, termed out lease with our renters, paid for all the buyers request and filed for a new roof through the insurance in addition to all the fees the buyers have paid. Yesterday we got an email from the Senior Loan Officer with the new title company who stated the lender never filed the refinance because the change of ownership never wasn't complete? How did my husband and I close on XX/XX/XXXX yet the ownership was never completed? Since my mom did not sign the warranty deed until XX/XX/XXXX and yet we closed on XX/XX/XXXX the title nor the mortgage was recorded until XXXX of this year. Also, the title commitment is showing to mortgages still open on the home. There was a title commitment that indicated there was a a document that purportedly released both mortgages recorded on XX/XX/XXXX. My and my husbands mortgage was not recorded until XXXX of this year. Apparently, the appraisal will have to be completed again as well because the deed was recorded after the first appraisal and all the work and money we spent already? I guess either the dates have to be " faked '' or we restart and pay for everything again? I guess the " flip rule '' is not helpful in this situation and we have to ask the buyers to sign an entire new contract? The people we are dealing with at Carrington are XXXX XXXX NMLS # XXXX Regional Sales Center Manager Carrington Mortgage XXXX, LLC-NMLS # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX Direct : XXXX, Fax XXXX XXXX, XXXX XXXXNMLS # XXXX Senior Loan Officer Carrington Mortgage Services LLC-NMLS # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX Office XXXX, efax XXXX XXXX and XXXX XXXX Closing Specialist XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX XXXX, XXXX XXXX XXXX XXXX and I also spoke to the Vice President at XXXX who told me when I asked who I can file a complaint with as this was not right. We were charged for their services in the refinance and they did not do what they are licensed to do she told me " There is not one for you to report it to I am the Vice President. Your mom just needs to sign and then you'll have to have your buyers wait the 91 days or find new buyers. '' I did not get her name. I was transferred to her after approximately 7 different phones calls on XX/XX/XXXX. They do have an underwriter of XXXX who did not issue a title policy because XXXX never filed the policy. So there is no title insurance. Timios also told me to have the WILL sell the home and receive all profits and then have the WILL pay me the profits and I pay off the loan that is attached to my name. Is this even legal? I have spoken to about 15 different attorneys but I have no idea about mortgage law and I am not sure if I am even explaining any of this corrently. I just know this has been a total nightmare. I am unable to upload the original loan closing documents as mentioned in Mr. XXXX 's e-mail in reference to page 15, the unsigned warranty deed as the document exceeds 10MB. Also, since the name change was never changed. Now in XXXX a credit card lean from the previous owners was placed against the title and now Timios-VP has recommended we just pay the lien to sell the home.