Consumer complaint received 2016-09-07
Product: Mortgage — FHA mortgage
Issue: Loan servicing, payments, escrow account — 
Company: CARRINGTON MORTGAGE SERVICES, LLC (MA)

On XXXX XXXX, XXXX we received a discharge by U.S Bankruptcy Court, District of Mass. Included in the bankruptcy petition was a property at XXXX XXXX XXXX, XXXX MA XXXX. The mortgage holder was XXXX XXXX XXXX. The debt was not reaffirmed. XXXX XXXX XXXX never took the title back despite our many attempts to facilitate it. We filed a CFPB complaint against XXXX XXXX XXXX XXXX/XXXX/XXXX ( XXXX ). 

On XXXX XXXX, XXXX we received a notice from XXXX XXXX XXXX that our mortgage was sold to Carrington Mortgage. I immediately called Carrington and told them that it is not a valid debt, and that we have been trying to get XXXX XXXX XXXX to take the title back and get it out of our name. After Carrington loaded the records on their system, I began a series of discussions with a representative XXXX XXXX. I explained our desire to get this matter resolved quickly as it was causing significant problems for us in getting a new mortgage. 

Today I received three letters from Carrington. One was " Notice of Sale of Ownership of Mortgage Loan '' dated XXXX/XXXX/XXXX XXXX pages in length. Another was " Notice of Servicing Transfer '' dated XXXX/XXXX/XXXX ( XXXX pgs ). And one was a mortgage statement ( XXXX sheet, XXXX sides ). 

The mortgage statement claims we owe {$140000.00} due XXXX XXXX. It also contains a " delinguency notice '' which states that we are " XXXX days delinquent on your mortgage ''. The Notice of Servicing Transfer '' states " After this date ( XXXX/XXXX/XXXX ), Carrington Mortgage Services, LLC will be collecting your mortgage loan payments from you '' ( pg XXXX ). The last line of page XXXX reads " Note : See Debt Validation Attachment ''. The only attachment is a notice on page XXXX which reads " This Notice is to remind you that you owe a debt. As of the date of this Notice, the amount of the debt you owe is {$360000.00} ''. It then states that we have 30 days to dispute the validity of the debt. 

On XXXX XXXX, I called the phone number listed on the Mortgage Statement to report any errors ( XXXX ). The representative validated me and said she would transfer me to the correct department. I spoke with someone named XXXX. I reviewed with her the documents I received from Carrington and asked her " what proof do you have that I owe you anything? '' She pointed to the original loan documents we signed when we took out the mortgage. I told her I was disputing the validity of the debt and that it was discharged in XXXX. I told her I want XXXX of XXXX things : either proof that it is a valid debt, or a letter stating that we do n't owe anything on the mortgage. I also told her that I believe Carrington is running afoul of the automatic stay issued by the Bankruptcy court in XXXX, the Fair Debt Collection Act, and if they report negative information, the Fair Credit Reporting Act. 

I would like the CFPB 's assistance in securing all records that Carrington Mortgage has regarding this issue, including a copy of the recording of the telephone conversation on XXXX XXXX, XXXX. Further I would like the CFPB to investigate why this debt is lingering, and the title is still in our name after nearly 7 years. Finally I would like the Bureau to help me secure either proof that the debt is valid, or a statement for my files that Carrington recognizes that the debt was discharged in bankruptcy and not reaffirmed.