Consumer complaint received 2025-11-10 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: LoanCare, LLC
State: SD

Complaint narrative:
I inherited the subject property from XXXX XXXX and provided LoanCare with full documentation establishing my legal status, including death certificate, recorded transfer documents, and trust documentation. Despite this, LoanCare has : Refused to recognize me as a successor in interest ; Claimed they can not speak with me ; Misstated my rights and federal law ; Failed to provide required documents; Failed to prove ownership or proper servicing authority. 

Their conduct violates RESPA, TILA, CFPB successor-in-interest rules, and constitutes bad-faith servicing. 

I am requesting CFPB investigation, correction, and enforcement. 

XXXX. Misrepresentation of Dispute / Rescission Rights ( False 180-Day Window ) LoanCares XX/XX/year> letter references a 180-day period in a way that suggests a deadline or limitation on my ability to dispute or challenge errors, implying something akin to a right of rescission. 

This is false and misleading : There is no 180-day rescission period applicable to this purchase-money mortgage.

Error resolution and information request rights under RESPA 2605 ( e ) and 12 CFR 1024.3536 are ongoing for the life of the loan.

Their language is reasonably likely to mislead a borrower or successor about their rights.

2. Improper Confidential / Private Position to Withhold Information LoanCare labeled their response and information as private and confidential and used that to : Refuse to fully answer my Qualified Written Request ( QWR ) ; Refuse to provide key loan, ownership, and servicing records.

Under 12 CFR 1024.36, a servicer must provide requested servicing information to a borrower or confirmed successor in interest. Confidentiality disclaimers do not override federal law. Their use of this language is obstructive and non-compliant.

3. Failure to Provide Required RESPA Error Resolution Response I submitted a detailed QWR / Notice of Error with supporting forensic audit materials. LoanCares XX/XX/year> reply : XXXX not provide a complete payment history ; Does not provide proof of investor/owner ( no XXXX XXXX XXXX XXXX, no proper assignments ) ; Does not correct or reasonably investigate specific errors raised. 

This failure violates 12 CFR 1024.35 ( e ) ( 2 ) and 1024.36 ( d ). They did not meet the substantive response standard. 

4. Failure to Substantiate Investor Ownership / Standing LoanCare claims XXXX XXXX is the investor, but : There is no recorded assignment into XXXX XXXX XXXX XXXX land records ; The MERS milestones are incomplete, including missing Milestone # XXXX ( Investor Transfer ) ; The forensic audits reflect discrepancies between claimed ownership and actual public / MERS data. 

They have not produced : XXXX XXXX XXXX XXXX or comparable documentation ; Any proper, verifiable chain of title. 

This raises serious concerns that LoanCare is collecting and servicing without proven authority. 

5. Payment Handling and Account Transparency Issues Evidence submitted shows : Payments tendered in 2025 were returned or not properly applied ; LoanCares response simply asserts payments were applied correctly without producing a full transactional ledger. 

Failure to provide a clear accounting and resolve these discrepancies is a violation of RESPA 2605 and 12 CFR 1024.35 ( b ) ( 6 ).

6. Escrow / Force-Placed Insurance & Disclosure Concerns LoanCare asserts escrow compliance but has not produced : Required escrow analyses ; Proper advance notices for any force-placed insurance, if applicable. 

If confirmed, this would violate 12 CFR 1024.17 and 1024.37. Their refusal to supply documentation prevents verification and is part of the RESPA non-compliance pattern. 

XXXX. Violation of Confirmed Successor in Interest Rights On or about XX/XX/year>, I mailed LoanCare : The death certificate of XXXX XXXX ; Recorded deed/transfer documentation ; Trust documentation establishing my legal interest. 

Despite receipt of this information : LoanCare representatives have continued to state they can not speak with me regarding the loan. 

They have refused to fully engage, disclose records, or recognize my rights. 

This is a direct violation of : XXXX2 CFR 1024.30 ( d ) ( Regulation X successors in interest must be treated as borrowers ) ; 12 CFR 1026.2 ( a ) ( 11 ) ( Regulation Z confirmed successors treated as consumers for purposes of TILA ).

At this point, their refusal is knowing and willful, not a mere oversight. It blocks me from resolving errors, accessing information, or addressing the account responsibly.

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