Consumer complaint received 2025-04-01 00:00:00
Product: Mortgage — Reverse mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: CA

Complaint narrative:
Timeline of Interactions with Carrington Mortgage Services : Foreclosure Auction Date : XX/XX/XXXX Next Scheduled Probate Court Hearing : XX/XX/XXXX XX/XX/XXXX : I contacted the Escalation Department and spoke with XXXX. She provided a list of required documents to be sent to their Maturity Department. I promptly emailed the necessary documents and received an automatic confirmation of receipt at XXXX PM on XXXX XXXX. XXXX indicated a processing timeframe of 2-3 business days in our call earlier that day.I was told in an email had to be sent to a supervisor and I would hear back from a supervisor as soon as one becomes available. I left my phone number and name. Later that day I called back at XXXX pm my time they close at XXXX XXXX XXXX  so I was unable to get through. At the same time I call my uncle to give an update and Carrington is calling him - he clicks on the line they are calling off an automated message saying to call them back, so that they can document in their system that they called back but were unable to reach someone. Why would you call back after hours when I just called you and you were closed? Why wasn't another human on the line to discuss the matter? 

XX/XX/XXXX : After the processing period, I followed up and spoke with XXXX, who escalated the matter to XXXX. XXXX informed you that the account was under review. Later that evening, I received an email from XXXX XXXX stating that the lender denied the request, citing that the probate petition documents submitted were the same as those filed on XX/XX/XXXX, and presented in XXXX for the initial postponement request. 

XX/XX/XXXX : I responded formally, emphasizing that the ongoing nature of the probate process means that new documentation isn't generated at every stage, and additional time is necessary to complete the proceedings. I highlighted that the submitted documents, including the Probate Petition and Letters of Administration, confirm that the property remains under probate court jurisdiction, with the next court date scheduled for XX/XX/XXXX. 

XX/XX/XXXX : I contacted Carrington again, speaking first with XXXX, who then transferred me to XXXX. During this call, XXXX then stated that she was informed by her XXXX department that " California is not an enforceable probate state '' which was a different reason than previously provided for the denial. This now being the third different reason for denial. I then relayed to XXXX the following : Yes, probate in California is enforceable, and it's a legal process that ensures the orderly administration and distribution of a deceased person 's assets, particularly when the estate 's value exceeds certain thresholds. No will was left. Therefore probate is necessary. There was no response. I asked to speak with a supervisor and was denied stating that they would call me back as they were on the other line. Call was ended. Never received a call back. I called back and again was transferred to XXXX who then stated the account was back under review with the complaint department and there was no guarantees, I then asked to speak with a supervisor once more and I was told they were unavailable. 

Given that the probate case remains ongoing and is scheduled for a court hearing on XX/XX/XXXX, foreclosure proceedings prior to this date would be premature and improper. 

At this time, I believe Carrington Mortgage Services is in direct violation of several consumer protection laws, including but not limited to : Fair Debt Collection Practices Act ( FDCPA ) : Carrington Mortgage Services LLC, company has engaged in unfair and deceptive collection practices by aggressively pursuing foreclosure without considering the legitimate legal delays caused by probate. Under the FDCPA, mortgage servicers must treat consumers fairly and can not use deceptive, unfair, or abusive tactics to collect debts. 

Consumer Financial Protection Act ( CFPA ) : The CFPB explicitly prohibits mortgage servicers from engaging in unfair, deceptive, or abusive acts or practices ( UDAAP ). Denying a reasonable request for an extension while actively seeking foreclosure could be interpreted as abusive and deceptive conduct. 

CARES Act Violations : Carrington Mortgage Services LLC, may also be violating CARES Act protections, which were designed to provide mortgage relief to borrowers facing hardships. 

Breach of Fiduciary Duty : Carrington Mortgage Services LLC, has a responsibility to act in good faith and in the best interests of its borrowers. By denying an extension that would allow the estate to complete probate and satisfy financial obligations, Carrington is prioritizing foreclosure over responsible resolution, which is a potential breach of fiduciary duty.

Company response to consumer: Closed with explanation