Consumer complaint received 2025-10-31 00:00:00
Product: Mortgage — VA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: NV

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NV XXXX XXXX XXXX XX/XX/XXXX XXXX Mortgage XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, CA XXXX. 

* * Re : Urgent Demand for Rescission of Foreclosure Sale and Legal Remedies * * loan # XXXX XXXX # XXXX Dear Sir/Madam, I, * * XXXX XXXX XXXX XXXX, on behalf of myself and the other owners of the property located at XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX NV XXXX XXXX hereby submit this formal complaint and demand urgent remedial action regarding the wrongful foreclosure and sale of our family home, which occurred on XX/XX/XXXX. 

This property is jointly owned by XXXX family members, including myself, a XXXXXXXX XXXX veteran, and my mother, XXXX XXXX XXXX XXXX XXXX XXXX, an XXXX senior citizen. The property is secured by a VA loan, which affords specific legal protections under federal law. 

I. Nature of Violations and Facts XXXX. * * Wrongful Foreclosure and Sale * * : The foreclosure and subsequent sale were initiated and executed without proper legal notice, violating our rights under federal and state law. The sale, conducted today, XX/XX/XXXX, must be rescinded immediately as it was wrongful and unlawful. 

XXXX. * * Failure to Provide Proper Notice * * : We did not receive the statutory notices of default or foreclosure, in violation of * California XXXX XXXX XXXX * and federal law, depriving us of the opportunity to respond or cure. 

XXXX. * * Lack of Standing and Ownership Proof * * : The foreclosing parties can not produce the original promissory note, raising serious questions about their standing and the enforceability of the debt ( * UCC 3-301 ; In re Mortgage Electronic XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ) * ). 

XXXX. * * Unanswered Documentation Request * * : Over XXXX months ago, we submitted a certified written request to XXXX Mortgage XXXX for the original promissory note. To date, they have failed to respond or provide this essential documentation, further undermining the legitimacy of the foreclosure. 

XXXX. * * Federal Law Violations * * : - * * TILA ( 15 U.S.C. 1641 ( f ) ) * * : Failure to notify us within 30 days of the transfer of the loan to a new servicer.

- * * RESPA ( 12 U.S.C. 2605 ) * * : Failure to provide at least 15 days ' notice before the transfer and within 15 days afterward.

- * * VA Protections ( 38 U.S.C. 3701 ) * * : The VA loan is protected by federal statutes, and wrongful foreclosure on this VA-secured loan violates these protections. 

XXXX. * * Unlawful Conduct and Dual Tracking * * : The servicers engaged in dual trackingpursuing foreclosure while negotiating to avoid itin violation of * 12 CFR 1024.41 *. 

XXXX. * * Violation of the Servicemembers Civil Relief Act ( SCRA ) * * : As owners and protected individuals, including a XXXX veteran and elderly senior citizen, we are protected under the SCRA ( 50 U.S.C. 3901-3915 ), which prohibits foreclosure actions against active service members and affords rights for judicial proceedings. 

XXXX. Additional Context and Ownership This property is owned collectively by XXXX family members, including myself and my elderly mother. The wrongful foreclosure and sale, without proper notice and due process, constitutes a severe violation of our rights under federal and state law. 

XXXX. Immediate Demands XXXX. * * Rescind the Sale * * : Immediately rescind and void the foreclosure sale conducted today, XX/XX/XXXX, due to violations of law, lack of proper notice, and lack of enforceability. 
XXXX. * * Cease All Foreclosure Actions * * : Halt all foreclosure proceedings pending a complete investigation into the violations outlined herein. 
XXXX. * * Provide Documentation * * : Furnish the original promissory note and all related documentation establishing ownership and enforceability of the loan. 
XXXX. * * Conduct Full Review * * : Initiate a comprehensive review of this matter ensuring compliance with all applicable federal and state laws. 

# # # IV. Legal and Regulatory Violations Failure to comply with these demands will leave us no choice but to pursue legal remedies, including filing complaints with regulatory agencies, seeking injunctive relief, and initiating litigation to protect the rights of my family, including a XXXX veteran and an elderly senior citizen. 

Please confirm receipt of this notice and advise within * * XXXX ( XXXX ) business days * * regarding the actions you will undertake to remediate this situation. 

Sincerely, XXXX XXXX Veteran On behalf of all owners of the property : - XXXX XXXX XXXX XXXX Combat Veteran ) - XXXX XXXX ( XXXX Senior Citizen ) XXXX XXXX and XXXX XXXX-Extended Family members

Company response to consumer: Closed with explanation