Consumer complaint received 2025-05-23 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: LoanCare, LLC
State: TX

Complaint narrative:
I am writing to formally request that LoanCare reinstate the original loan modification trial program at the monthly amount of {$1800.00}, effective XX/XX/XXXX, and cease all foreclosure activity stemming from administrative errors on LoanCares part. My request is rooted not only in my good faith compliance but also in multiple failures by LoanCare that may constitute violations of federal mortgage servicing laws under RESPA, Regulation X, and the Dodd-Frank Act. 

1. Background & My Compliance : Due to a temporary period of unemployment from XX/XX/XXXX to XX/XX/XXXX, I fell behind on my mortgage. Upon reemployment, I immediately engaged LoanCare to participate in available relief programs, submitting required documentation on time and making all trial payments : XX/XX/XXXX : Submitted Mortgage Assistance Application ( with documented email proof ) XX/XX/XXXX : Submitted updated Mortgage Assistance Application at your request XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ( XXXX ) : Made three trial payments of {$2200.00} each XX/XX/XXXX : Made an additional payment of {$1800.00} ( the amount verbally confirmed by LoanCare as the new modified amount ) In XX/XX/XXXX, I informed a representative that I would be out of state and requestedrepeatedly and clearlythat all further communications be sent to my temporary address : XXXX XXXX XXXXXXXX XXXX XXXX  TX XXXX I confirmed this mailing address by phone on : XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX I also reiterated this by email to your representative XXXX XXXX, on XX/XX/XXXX, stating : Please send all correspondences to XXXX XXXX XXXXXXXX XXXX XXXX TX XXXX, until I return home in the next 60 days. 
Despite this, LoanCare sent my final agreement documents to the wrong address, which resulted in the agreement expiring and my valid payment being rejected. 

2. Where LoanCare Failed Potential Violations of Federal Law Violation of 12 CFR 1024.41 ( b ) ( 1 ) Failure to Exercise Reasonable Diligence I provided the required documentation and called repeatedly to follow up. Yet LoanCare : Refused to email the paperwork when mail delivery failed Repeatedly sent documents to the wrong address despite confirmations Prevented me from completing the process due to servicer error, not borrower neglect Violation of 12 CFR 1024.41 ( c ) ( 2 ) ( ii ) Improper Denial Due to Servicer Error LoanCares denial of my modification due to non-response violates Regulation X because the non-response was caused entirely by LoanCares failure to follow mailing instructions. 

Violation of 12 CFR 1024.41 ( g ) Dual Tracking Prohibition After accepting and acknowledging my trial payments and confirming the mailing error, LoanCare proceeded with foreclosure activity. This is a potential dual tracking violationforeclosure activity is prohibited while a borrower performs or actively resolves a loss mitigation application. 

Violation of Dodd-Frank UDAAP Standards Your representatives : Repeatedly provided conflicting, misleading explanations for increased payments Told me to call XXXX XXXX ( which does not service my loan ) Refused to escalate or resolve the issue Hung up on me during calls ( e.g., XXXX on XX/XX/XXXX ) These actions are not only unprofessionalthey may qualify as unfair or deceptive practices under federal law. 

3. Current Status On XX/XX/XXXX, I received a new trial modification offer dated XX/XX/XXXX, increasing my monthly payment to {$2300.00}. A supervisor falsely stated that the increase was to recoup a missed payment, a payment your company refused to accept. This would penalize me $ XXXX, or {$170000.00} over 30 years, for an error I did not make. This is unreasonable and contradicts the spirit and letter of federal mortgage servicing protections. 

4. Request I am respectfully requesting the following : 1. Immediate reinstatement of the original trial payment terms at {$1800.00}, beginning XX/XX/XXXX XXXX. Written confirmation sent to : XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX. Cessation of all foreclosure activity, which was wrongly triggered by LoanCares failure to follow the proper process 5. My Circumstances I have lived in my home since XXXX and raised my XXXX daughters here, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. My wife is unemployed, and I work as a XXXX XXXX XXXX XXXX. I have made every possible effort to comply with LoanCares program and communicated in good faith. I did not miss a deadline, refuse a payment, or misrepresent my situationLoanCare did. 
I urge you to do the right thing and correct this now, before I am forced to escalate this matter to the Consumer Financial Protection Bureau, state regulators, and/or seek legal remedy. 

Please contact me directly should you need additional information or documentation. 


Thanks, XXXX XXXX. XXXX Property Address : XXXX XXXX XXXX XXXX  DE XXXX Temporary Mailing Address : XXXX XXXX XXXXXXXX XXXX XXXXXXXX  TX XXXX Email : XXXX Phone : ( XXXX ) XXXX

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