Consumer complaint received 2025-06-23 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Fees charged
Company: LoanCare, LLC
State: TX

Complaint narrative:
* * Summary of Missed Issues in Prior Complaint ( XXXX ) * * * * To CFPB Intake & Enforcement Teams * XXXX * * Subject : * * Follow-up Complaint LoanCare 's Deceptive Practices & CFPB XXXX Gaps -- - I am resubmitting my complaint because * * LoanCare 's XX/XX/XXXX response * * to my original inquiry ( Complaint # XXXX, submitted XX/XX/XXXX ) * * included multiple material misrepresentations * * and omissions that the CFPB failed to detect, allowing potential mortgage servicing fraud to go unaddressed. 

-- - * * What CFPB Missed in XXXX XXXX : * * XXXX. * * Fraudulent Justification for a \ {$6800.00} XXXX XXXX * * * LoanCare falsely referenced a XX/XX/XXXX federal court dismissal of a civil case I filed against them as a basis to assess this corporate advance. 
* That * * court decree did not authorize them to collect any fees * *, and explicitly did * * not award attorneys fees to either party * *. 
* Their use of the decree to justify a charge constitutes a * * misrepresentation to a federal agency ( 18 U.S. Code 1001 ) * *.

2. * * Failure to Disclose the Nature of the Charge * * * LoanCare labeled the charge as escrow-related or included in the balance, concealing the fact that it was actually * * attorneys fees from the 2023 lawsuit * * which they admitted only after a XX/XX/XXXX escalation during my HELOC application process. 
* This violates * * RESPA ( 12 USC 2605 ) * * and * * TILA disclosure obligations * *, by failing to notify or properly itemize charges that impact my mortgage balance. 

XXXX. * * Deceptive Accounting Structure * * * The \ {$6800.00} was * * carried silently * * in my account without appearing as due in my monthly payment, but inflated the balance shown on my mortgage statements. 
* LoanCare agents consistently told me I was current, misleading me into believing there was no issue. 
* This * * delayed detection * * of the issue until a third party ( a XXXX banker during a HELOC application ) flagged it. 

XXXX. * * Avoidance of Regulatory Triggers * * * * * Not reported to credit bureaus * * avoiding FCRA enforcement.

* * * Not sent to collections * * avoiding FDCPA scrutiny.

* These acts amount to * * deliberate concealment * * of unauthorized fees in a way that avoids enforcement thresholds and allows the fee to roll into a future refinance or sale, escaping detection. 

XXXX. * * Impact on Me * * * I lost access to a HELOC that I had planned to use for a time-sensitive investment opportunity, representing a * * tangible opportunity cost * * caused solely by XXXX concealment and misrepresentation. 

-- - * * Why Enforcement Should Have Been Triggered * * * The facts clearly established that * * LoanCare lied to the CFPB * *, misrepresented the nature and basis of a charge, and used deceptive accounting to hide that charge from standard consumer awareness or reporting. 
* These are * * not technical violations * *, but * * intentional obfuscations * * that should have led to : * A formal CFPB * * investigation or enforcement action * * * A referral to * * state regulators or DOJ * * * Clear documentation allowing me to file a * * civil claim * * under RESPA and TILA -- - Current Action * I have already * * submitted a complaint to the XXXX * * regarding CFPB 's mishandling of this issue. 

* I am resubmitting this complaint because the * * error in CFPB 's original handling * * not only failed to hold LoanCare accountable but also materially impaired my ability to resolve the harm done to me. 

-- - Please confirm that this complaint is being assigned correctly and that the original ( Complaint # XXXX ) is being revisited in full view of the concealed and misrepresented facts outlined above. 

I have attached the original complaint, the response from LoanCare, the most recent XXXX XXXX, and my mortgage statement that illustrate that the XXXX is still in the past due section of my statement. Which also illustrates that I hvae been carrying that past due for over a year. If they would have sold my loan or refinanced my loan they would have collected the erroneous illegitmate past due amount.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation