Carrington Mortgage Services LLC

October 5, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Dear Mr....

[redacted],
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on September 9, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that your loan was recently transferred from [redacted] (“[redacted]”) to CMS. You go on to say that CMS has incorrectly reported your account status to the credit bureaus, generated false mortgage statements, wrongfully collected fees, lied about your account status, failed to apply your mortgage payments, and is no longer providing you with monthly mortgage statements. As a result, your desired resolution is for CMS to stop collecting fees, to correctly report your account status to the credit bureaus, and to provide you with monthly mortgage statements.
At the outset, please note that the servicing of your loan was transferred from [redacted] (“[redacted]”) to CMS on or about April 2, 2015. At the time of the service transfer your loan was contractually delinquent and due for the March 1, 2015 payment.
As you are already aware, CMS previously received your inquiry filed with the [redacted] Attorney General’s Office in our office via email on June 2, 2015. Please note that your prior inquiry raises some of the exact same issues as this current inquiry. Accordingly, CMS researched your loan and a response was submitted to the [redacted] Attorney General’s Office on July 30, 2015. Please further note that on this same date the original response was sent to you via regular mail. For your reference, attached hereto as Exhibit “1” please find a copy of CMS’s response to your June 2, 2015 inquiry.
Regarding your account status and CMS’s reporting to the credit bureaus, our records indicate that we last reported your account information on August 10, 2015 to all of the major credit bureaus. Furthermore, CMS is obligated by federal law to provide timely and accurate credit reporting in regards to your account status and payment history. Correspondingly, we submit that the information reported to the credit bureaus is correct and properly reflects your account status and payment history.
In addition, pursuant to the Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS will suppress credit reporting for the next sixty (60) days due to the filing of the subject complaint. In other words, CMS received your complaint on September 9, 2015 and the sixty (60) days will expire on November 9, 2015.
Moreover, after a thorough review of your allegations, CMS is unable to determine your specific issue with the mortgage statements or fees assessed on your account. While your allegations generally reference that CMS generated false mortgage statements and wrongfully assessed fees on your account, we cannot determine precisely what information you are requesting that CMS address. Resultantly, we encourage you to submit documentation confirming that CMS has generated false information and wrongfully assessed fees on your account. CMS will use this information to investigate and address your concerns. Lastly, if you are correct, please note that CMS does have the capacity to credit any fees that may have been incorrectly assessed on your account.
Furthermore, please note that when your loan transferred to CMS, you were in an active bankruptcy. As a result, CMS ceased any and all attempts to collect a debt pursuant to United States Bankruptcy laws. The purpose of this policy is to protect CMS’s customers and to prevent any implication that CMS may be attempting to collect a debt improperly. However, per your request, CMS will start providing you with monthly mortgage statements.
Also, our records indicate receipt of your most recent mortgage payment on September 4, 2015 in the amount of $1,920.93 which was applied to your September 1, 2015 payment. As of the date of this correspondence, your account is next due for the October 1, 2015 payment in the amount of $1,920.93, minus your unapplied funds credit balance in the amount of $176.87. For your reference, attached hereto as Exhibit “2” please find a twenty-four (24) month payment history along with the transaction codes and definitions.
As a reminder, your Promissory Note provides you a fifteen (15) day grace period after the due date to pay your monthly payment without a late charge. In other words, the mortgage payments are due on the first (1st) of each month and considered late if not received by the sixteenth (16th) of the month. Moreover, if you would like to view your most recent payment activity, download a copy of your most recent billing statement, or make a payment, CMS encourages you to log in to your online account by visiting [redacted].
In closing, please remember that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you want to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at 866-874-5017, Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
Alfredo J. Ventura
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted]/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474.
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].
COLORADO:
For [redacted] Residents:
[redacted]

The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of your complaint filed with the Revdex.com ("Revdex.com") received in our officevia email on December 4, 2015 . CMS is committed to responsible lending and servicing and wewould like to address any...

concerns you may have. The following is our response to the issue(s)raised in your inquiry.As we understand your complaint, you state that you called CMS to inquire about a $15.00 feewhich was included in your mortgage statement. Further, you state that in speaking to ourCustomer Service Department, CMS confirmed that the fee was associated with a propertyinspection completed on your home. You then state that when you requested that the inspectionfee be waived, CMS declined your request. As a result, your desired resolution is for CMS toapologize for assessing the inspection fee, refund the $15.00 inspection fee assessed to youraccount, and issue refunds to all other borrowers that were assessed a fee under suchcircumstances.As a preliminary matter, the servicing of this loan was transferred from [redacted] ("[redacted]") to CMS on or about October 2, 2015. Attached for your ease of reference is acopy of the September 23, 2015 Notice of Service Transfer ("Hello Letter") sent to you by CMSthat notified you of the service transfer. At the time of the service transfer, your loan wascontractually due for the October 1, 2015 payment in the amount of $991.61.Please note that on October 10, 2015, CMS sent you a Natural Disaster Declaration Letter("NDDL") which confirmed that our office was notified by the Federal Emergency ManagementAgency ("FEMA") that your zip code where your property is located was impacted by a naturaldisaster. For your knowledge, please note that CMS does not assess any late fees or report anynegative credit reporting to the credit agencies during the disaster declaration period. Enclosedplease find a copy of the NDDL for your ease of reference.On November 4> 2015, CMS ordered a property inspection to determine whether the propertywas impacted by any severe weather and to protect the security interest in the property. A copyof the property inspection invoice is attached for your ease of reference. At the time thisproperty inspection was ordered, your property was recognized as being located in a federallydeclared disaster area.A review of our records confirmed that due to an inadvertent error, on November 20, 2015 CMSassessed your loan a property inspection fee in the amount of $15.00.On December 7 > 2015 you spoke with the Customer Service Department to inquire regarding theproperty inspection fee. The CMS representative confirmed that a property inspection fee wasassessed to your loan, but> despite her best efforts, failed to realize it had been assessed in error.Therefore, our records indicate that the CMS representative declined your request to waive theproperty inspection fee. On December 9, 2015, you scheduled a payment on the CMS LoanServicing Website in the amount of $1,040.00. That same date, CMS applied $991.61 to yourDecember 1, 2015 payment, $15.00 towards the property inspection fee, $23.39 towards yourprincipal balance, and $10.00 towards your escrow account. The next day, on December 10,2015, CMS reapplied the additional principal and escrow payments as an escrow payment in theamount of$23.39 and a $10.00 principal payment.As a result of our investigation, CMS has agreed to reverse the $15.00 fee from your loan andapply it to your unapplied funds credit balance. We would like to thank you for bringing thismatter to our attention, and ask that you accept our sincerest apologies for any inconveniencesyou may have experienced as a result of this inadvertent error.We trust that this communication addresses all of the concerns noted in the complaint. If youhave any further questions, please contact the undersigned at [redacted], Monday throughFriday, 8:00AM to 5:00PM, Eastern Time.[redacted]Customer AdvocateCC: Revdex.com

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I have been more than patient and provided all details to show this company's error in reporting delinquent payments to my credit report.  CMS response even state that they made multiple changes to the amount due based upon their incorrect data with my taxes, insurance, and previous payments made. They have reomved late payment charges but still have not corrected my credit report and now show 3 late payments on my Equifax credit report.  This company has multiple reports to the Revdex.com concerning this same type of issues for many different customers. It appears that Revdex.com can not or will not help to resolve this issue of force this company to correct its ways.  With this in mind I guess I have no choice but to move forward with contacting an attorney to handle this matter, unless Revdex.com can give me any further assistance.
Regards,
[redacted]

The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com received in our office via email on January 9, 2015.  CMS is committed to responsible lending and servicing and we would like to address any...

concerns you may have. The following is our response to the issue(s) raised in your inquiry.
 
As we understand your complaint, you allege that CMS failed to credit a check in the amount of $3,066.00 towards your escrow account, which in turn caused your monthly mortgage payment to increase.  In addition, you claim that the missing check was deposited and cleared on July 15, 2014.
 
At the onset, our records show that your loan was originated by CMS through your broker of choice, [redacted], on June 25, 2014 and had a first payment due date of August 1, 2014.  A further review of the HUD-1 Settlement Statement shows that the title company in question, [redacted] (“[redacted]”), was responsible to pay your yearly homeowner’s insurance premium directly to [redacted] in the amount of $3,068.70.  On or about July 1, 2014 CMS received check [redacted] in the amount of $3,068.70 from [redacted].  As the check in question was not made payable to CMS, the check was returned to [redacted] that same day.  On July 28, 2014 CMS disbursed a payment of $3,068.70 towards your yearly home owner’s insurance premium which we show was $3,454.37, leaving a balance due of $385.67.  On September 5, 2014 CMS made a second disbursement towards your homeowner’s insurance premium in the remaining amount of $385.67. 
 
On September 26, 2014 you contacted our insurance vendor, Southwest Business Corporation (“SWBC”) and advised them that you were in the process of changing insurance carriers.  You also confirmed that you would be paying the new premium out of your pocket.  In addition, SWBC agreed not to pay the premium unless there was a remaining balance owed.  On October 9, 2014 SWBC received a copy of your new homeowner’s insurance policy with [redacted] which reflected a new yearly premium of $2,261.30 for the policy period October 3, 2014 through October 3, 2015. 
 
On November 23, 2014 your escrow account was analyzed, which revealed that your monthly escrow payment had decreased from $505.17 to $469.98.  This analysis also reflected an escrow shortage in the amount of $3,696.30.  In an effort to allow you time to repay this shortage, CMS spread the negative escrow balance of $3,696.30 over a twelve month period causing your monthly mortgage payment to increase from $1,614.81 to $1,887.64 effective with the January 1, 2015 payment. 
 
Furthermore, on December 2, 2014 you contacted CMS directly and mentioned that check [redacted] in the amount of $3,068.70 had been sent to CMS in July 2014 and cleared the bank on July 15, 2014.  As the CMS representative did not see a deposit for this specific amount on your loan, you were encouraged to submit your concerns in writing along with a copy of the cashed check to our Customer Service Research Department via fax.  On December 4, 2014 you contacted CMS again to confirm receipt of your fax which contained a copy of the front of the missing check.  It was during this call that the CMS representative confirmed that your fax had been received.  You were also advised that a Supervisor was looking into your concerns.  On December 26, 2014 you contacted CMS again looking for a status update of your request for research.  As you know, you were clearly advised that it could take up to thirty (30) days to complete the review.  It was also on this day that you emailed our Customer Advocate Department to further escalate your concerns.  Accordingly, your loan was escalated to our Customer Service Research Department to expedite the research process. 
 
Lastly, our records show that check [redacted] in the amount of $3,068.70 was located and applied towards your escrow account on January 14, 2015.  On January 23, 2015 your escrow account was re-analyzed decreasing your monthly escrow payment from $505.17 to $305.52 which in turn also decreased your total monthly payment from $1,614.81 to $1,415.16 effective with the February 1, 2015 payment.  Attached for your reference are copies of all Annual Escrow Account Disclosure Statements dated November 28, 2014, January 15, 2015 and January 23, 2015. 
 
Based on the foregoing we believe the record is clear that [redacted] was responsible to pay your homeowner’s insurance premium directly to [redacted] per the attached HUD-1 Settlement Statement.  Any concerns regarding the failure of [redacted] to disburse funds as instructed should be addressed to [redacted] directly.  As of today’s date, your loan is contractually current and due for the March 1, 2015 payment. 
 
We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
 
Sincerely,
 
 
[redacted]
Customer Advocate
 
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 54285, Irvine, CA 92619-4285, or calling 1-800-561-4567.  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at myloan.carringtonms.com.
 
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
 
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
 
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
 
-HUD STATEMENT-
Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home.  You may obtain a list of the HUD-approved housing counseling agencies by calling the HUD nationwide toll free telephone number at (800) 569-4287.
 
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
 
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Service Members Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474.
 
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting the Customer Service Department at (800) 561-4567, Monday through Friday, 8:00 a.m. to 9:00 p.m. Eastern Time or by mail at P.O. Box 54285, Irvine, CA 92619 – 4285.

The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is in
receipt of a complaint filed with the Revdex.com regarding the above-referenced loan
received in our office via email on October 27, 2014. CMS is committed to responsible lending
and servicing and we...

would like to address any concerns you may have. The following is our
response to the issue( s) raised in the inquiry.
At the outset, please note that the servicing of this Federal Housing Administration ("FHA")
insured loan was transferred from Bank of America ("BOA") to CMS on or about August 2,
2014. Attached for your ease of reference is a copy of the August 12, 2014 Notice of Service
Transfer ("Hello Letter") sent to you by CMS that notified you of the service transfer.
At the time of the service transfer your loan was contractually in default and showing due for the
July 1, 2014 payment in the amount of$582.39. This monthly mortgage payment was made up
of a principal and interest payment of $425.62 and a monthly escrow collection of $156.77.
Your unpaid principal balance was in the amount of $67,893.92, your escrow balance was
funded in the amount of $841.49 and an outstanding late charge was due in the amount of $23.29
at the time of the service transfer.
Upon receipt of your inquiry and after a thorough review of your loan, CMS is able to confirm
that due to an inadvertent clerical error, CMS assessed a late charge in the amount of $23.29 to
your loan on or about August 2, 2014. As set forth in the below paragraphs, this late fee was
later removed. On August 15, 2014, CMS received funds in the amount of $605.68. These
funds were applied to the July 1, 2014 payment in the amount of $582.39 and the remaining
$23.29 was held in the unapplied account awaiting additional funds to equal the August 1, 2014
payment in the amount of$582.39.
On August 22, 2014, CMS received funds in the amount of$605.68. These funds were applied
to the August 1, 2014 payment in the amount of $582.39 and the remaining $23.39 was placed
along with the previous $23.39 that was held in the unapplied account making the new unapplied
account balance $46.58. Later that day, CMS pulled the $46.58 from the unapplied account and
posted the funds to the two late charges totaling $46.58.
On September 4, 2014, a property inspection fee of $20.00 was assessed to your loan. This fee
was assessed as a result of the property inspection that was ordered on August 12, 2014 and
subsequently completed on August 14, 2014. At the time that the property inspection was
ordered, you loan was in default and past due for the July 1, 2014 payment. Attached for your
ease of reference is a copy of the property report as evidence the property inspection was
completed. It is important to note that the property inspection fee was assessed pursuant to
Section Five (5) of the attached Deed of Trust that secures this loan which states: "Lender may
inspect the property if the property is vacant or abandoned or the loan is in default."
On September 9, 2014, CMS completed the attached initial analysis of your escrow account.
This escrow analysis determined that your escrow account contained an escrow surplus in the
amount of $3.12. Because of this escrow surplus, your monthly escrow collection was lowered
from $156.77 to $156.24 which reduced your monthly payment from $582.39 to $581.60
effective with the November 1, 2014 contractual payment.
On September 13, 2014, CMS received funds in the amount of $602.39. These funds were
applied to September 1, 2014 payment in the amount of$582.39 and the remaining $20.00 was
applied towards the $20.00 property inspection. On October 13, 2014, CMS received funds in
the amount of $582.39 which were applied to the October 1, 2014 mortgage payment. On
November 8, 2014, CMS received funds in the amount of $581.60 that satisfied your reduced
November 1, 2014 contractual payment.
While your complaint states that your loan has been assessed a minimun1 monthly fee of$20.00,
we respectfully disagree with this statement as the attached loan payment history clearly shows
that CMS only assessed a single property inspection to your loan on September 4, 2014. It is
important to note that CMS is entitled to collect the late fee in the amount of $23.29 that was
properly assessed to your loan by the previous loan servicer.
In response to your indication that making contact with CMS is extremely difficult, please be
advised that CMS Customer Service Department can be reached from 8:00AM Eastern Standard
Time ("EST") to 8:00PM EST, Monday through Friday, excluding holidays. In addition, CMS
can be contacted via CMS's Loan Servicing Website ("LSW") which allows borrowers the
option to electronically request information from CMS and is another avenue to contact CMS
should you need assistance. We are aware of no circumstance that would cause CMS's LSW to
reflect a different payment amount that reflected within the monthly mortgage statement.
Upon receipt of your complaint and discovering the inadvertent clerical oversight that led to
CMS assessing the late charge in the amount of $23.29, CMS has taken the necessary actions to
immediately reverse the funds that were applied to the late charge and have placed the funds in
the unapplied account which await additional funds to equal the December 1, 2014 contractual
payment in the amount of$581.60 less the funds in the amount of$23.29 that are currently being
held in the unapplied account. We are able to confirm that the late charge has been completely
removed from your loan.
We would like to take this opportunity to sincerely apologize for any inconvenience the
unintentional oversight may have caused you and thank you for bringing the matter to our
attention. Also for your ease of reference, please find the below loan payment ledger that
outlines and summarizes your loan payment history.
Based on the foregoing, we believe the record is clear that upon CMS being notified of the
inadvertent assessment of a late charge at the time of the service transfer, CMS has promptly and
properly waived the late charge. Should you wish to further discuss any aspect of your loan, we
encourage you to contact our Home Retention Department at ###-###-#### for further
assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you
have any further questions, please contact the undersigned at ###-###-####, Monday through
Friday, 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate

July 14, 2016       [redacted]  [redacted]     RE:      Complaint ID:          [redacted]                     Loan No.:                 [redacted] Property Address:    [redacted], [redacted]               Dear Ms. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal to our response to your complaint (the “Rebuttal”) filed with the Revdex.com (“Revdex.com”) and received in our office via email on July 5, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your Rebuttal, you indicate that you have reviewed our response to the initial complaint, and have determined that it does not resolve your complaint.  In addition, you allege that in January 2016 CMS did not comply with your request to cancel the auto-draft payment that was scheduled for January 5, 2016. You allege that, as a result, several checks were returned unpaid by your bank, you incurred about $235.00 in fees, and it took you several visits to your bank to resolve errors you believe were caused by CMS.   We regret that you were dissatisfied with our response to your complaint.  CMS is committed to the highest standards of customer satisfaction and professionalism, and for this reason, we take all legitimate complaints regarding the conduct of our business very seriously.  Although we understand you are not pleased with the outcome, your complaint was investigated fairly and we believe it was resolved appropriately.    Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to clarify our response and address any outstanding concerns in this matter.      As mentioned in our prior response, our records show that your payment, check number 2937, in the amount of $740.00, was in fact received by CMS’s payment processing center in Phoenix, AZ on February 19, 2016.  That same day, this payment was applied to your February 1, 2016 payment in the amount of $734.09, and $5.91 was applied to principal curtailment.  Per the Note terms and conditions, if the Lender has not received the full monthly payment required within fifteen (15) calendar days after the payment is due, the Lender may collect a late charge in the amount of four percent (4.000%) of the overdue payment amount.   Accordingly, a late fee in the amount of $29.36 was appropriately assessed to your loan because the February 1, 2016 payment was received by CMS after the grace period.  Under the circumstances, CMS declined your request to waive this fee.   As you are aware, our CMS Research Department also received inquiries from you on March 3, 2016 and April 20, 2016, which raises the exact same issues as this current complaint.  Accordingly, CMS researched the loan and a response was sent to you on April 7, 2016 and May 18, 2016 respectively via regular mail. For your ease of reference, attached hereto please find copies of CMS’s responses dated April 7, 2016 and May 18, 2016.    Upon further review, the records show that you signed up for auto-draft payments on October 26, 2015.  The first payment was scheduled to be drafted from your bank account on December 5, 2015.  Attached for your ease of reference is a copy of your signed agreement.    Thereafter, on December 23, 2015 you called CMS and during this call you requested that your auto-draft service be canceled for the payments that were scheduled to be drafted on January 5, 2016 and February 5, 2016.  The CMS Representative informed you that your auto-draft service could not be canceled for the upcoming payment of January 5, 2016, as CMS required a written request 10 business days prior to the scheduled draft date to cancel the service.  You requested to speak to a Supervisor, and the call was warm transferred to a Supervisor.    The CMS Supervisor explained that there was not enough time to cancel the auto-draft payment scheduled for January 5, 2016, but that CMS could process your auto-draft cancelation request to stop the February 5, 2016 auto-draft payment.  You informed the CMS Supervisor that you would place a stop payment on the January 5, 2016 auto-draft payment.  The CMS Supervisor informed you that if your auto-draft of January 5, 2016 did not clear your bank, return check fees could be assessed to your loan.  You also indicated that you would send CMS your written request to cancel the auto-draft service for the next scheduled auto-draft payment of February 5, 2016.  The CMS Supervisor also informed you that once you canceled the auto-draft service, it could take up to 45 days to reactivate this service.  The CMS Supervisor provided you the fax number to send your request to cancel the auto-draft service.  You indicated that you understood the information provided to you by the Supervisor.   Thereafter, on January 5, 2016 CMS processed your scheduled auto-draft payment in the amount of $734.09, and this payment was applied to your January 1, 2016 payment in the amount of $734.09. On January 7, 2016 this payment was returned by your bank unpaid, and the reason given for the returned payment was “stop payment”.  Additionally, the January 1, 2016 payment was reversed and the due date was rolled back to January 1, 2016.  On January 11, 2016 CMS sent you a letter that notified you of this returned check.  Attached for your ease of reference is a copy of this letter.    On January 20, 2016, you called CMS and processed a payment in the amount of $734.09, using the CMS automated phone pay system.  This payment was applied to your January 1, 2016 payment in the amount of $734.09.  On January 25, 2016, this payment was also returned by your bank unpaid and the reason given for the returned payment was again “stop payment”.  Additionally, the January 1, 2016 payment was reversed and the due date was rolled back to January 1, 2016.  On January 26, 2016 CMS sent you a letter that notified you of this returned check.  Attached for your ease of reference is a copy of this letter.    On January 26, 2016, you called CMS and during this call the CMS Representative informed you that your January 20, 2016 payment had been returned unpaid by your bank, due to a stop payment request that had been initiated by you.  You informed the CMS Representative that you had called your bank and asked your bank to remove the stop payment, and therefore, this payment should not have been returned unpaid.  You indicated that you wanted to replace this payment and requested to make a payment by phone.  The CMS Representative processed your request for a payment by phone in the amount of $734.09, and also waived the associated fee of $15.00.  That same day, this payment was applied to your January 1, 2016 payment in the amount of $734.09.   On February 5, 2015, CMS processed the scheduled auto-draft in the amount of $734.09, and this payment was applied to your February 1, 2016 payment.  That same day, CMS received your request to cancel your auto-draft service, and that same day the auto-draft service cancelation was completed by CMS.  On February 9, 2016, CMS received this payment from your bank unpaid and the reason given for the returned payment was “stop payment”.  Additionally, the February 1, 2016 payment was reversed and the due date rolled back to February 1, 2016.  On February 11, 2016, CMS sent you a letter that notified you of this returned check.  Attached for your ease of reference is a copy of this letter.   Please note, that CMS did not assess any late fees or return check fees to your loan for the January 1, 2016 payment.  For your ease of reference, attached is a payment history that shows your payment transactions from November 2, 2015 to July 5, 2016.   Based on the foregoing, we believe that the record is clear that CMS processed your payments in accordance with the established payment processing policies and procedures.  Moreover, please be advised that CMS denies, generally and specifically, all claims and allegations of wrongdoing contained in your correspondence.  Simply put, your claims and allegations have no basis in fact or law, and therefore are completely without merit.   We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely,     [redacted] Customer Advocate         -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted].  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.   -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.   -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.   -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.     -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].   -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.   -SCRA Disclosure- MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].   -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

The [redacted] complaint has been resolved, greatly appreciate your assistance with this matter. [redacted]

February 18, 2015     [redacted]               RE:      Loan...

No.:                    [redacted]                         Complaint No.:           [redacted]                         Property Address:       [redacted], [redacted]               Dear Ms. [redacted]:   The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com received in our office via email on January 21, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand the complaint, you are primarily asserting that you have not received the permanent loan modification agreement. In addition, you claim CMS should refrain from sending certified mail indicating that your home will be foreclosed on and should also discontinue the ongoing property inspections.  Lastly, you allege that you have called, faxed and emailed CMS but that CMS has not responded to your communications.   At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured loan transferred from Bank of America (“BOA”) to CMS on or about August 1, 2014.  Attached for your ease of reference is a copy of the August 12, 2014 Notice of Service Transfer (“Hello Letter”) sent to you by CMS.  At the time of the service transfer your loan was showing due for the May 1, 2014 payment. Prior to the service transfer the loan was approved by BOA for the attached 3-month Trial Period Plan Agreement beginning June 1, 2014.  The records reflect BOA received the three initial trial period payments.  After the transfer, CMS continued accepting the trial payments and started working to approve a permanent modification agreement. Currently, and as set forth in detail below, CMS cannot finalize the permanent modification agreement due to a title issue you have indicated you are working to correct.   Upon receipt of the complaint, CMS began researching the concerns you raised regarding the property preservation fees, permanent loan modification agreement, and your continued receipt of the Notices of Intent to Foreclose (“NOI”).  First, CMS’s records indicate that property inspection fees of $20.00 were assessed to the loan on August 15, 2014, September 7, 2014, October 8, 2014, November 9, 2014, December 10, 2014 and January 11, 2015.  It is important to note that the property inspection fees were assessed pursuant to Section Five (5) of the attached Deed of Trust that secures this loan which states: “Lender may inspect the property if the property is vacant or abandoned or the loan is in default.”  Based on the foregoing, CMS responds that because the loan was in default during the relevant period of time the property inspections were requested in accordance with the terms of the Deed of Trust.    Second, in relation to the Notices of Intent to Foreclose, CMS acknowledges that it did send these to you on or about September 16, 2014, September 30, 2014, October 30, 2014, December 9, 2014, January 6, 2015 and February 7, 2015.  While you appear to believe that CMS has somehow exhibited poor customer service practices by issuing the NOI’s please be advised that CMS is required to send this notice to borrowers for all loans that are in default.       Third, CMS prepared the attached permanent loan modification documents on or about February 6, 2015 and called to advise you that the documents were ready.  If you recall, you spoke to CMS on February 10, 2015 and indicated your last name had changed from [redacted] to [redacted].   You requested that the modification be updated to reflect your hyphenated last name.  CMS responded that in order for it to update the loan modification agreement the public title records also needed to reflect the name change.  CMS’s records reflect that you said you would record a Quit Claim Deed transferring the property from [redacted] to [redacted].  As of the date of this response, CMS has not been provided with a copy of a signed or recorded Quit Claim Deed.   As a courtesy and in anticipation that CMS would be receiving the original executed permanent loan modification agreement, the property inspection set for February 2015 was cancelled. The inspections will reconvene starting March 1, 2015 if CMS has not received the executed agreement.    Based on the foregoing, CMS believes the record is clear that it has diligently worked to provide and implement the permanent modification and to accurately communicate regarding the account delinquency and the potential consequences for failing to cure the delinquency. Upon timely receipt of properly executed permanent loan modification documents, CMS will discontinue the property inspections. We sincerely apologize if you misunderstood any of the notices provided.   Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may have.  We can be reached at [redacted] Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely, [redacted]   CC:      Revdex.com

Dear Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal to our response to your complaint (the “Rebuttal”) filed with the Revdex.com (“Revdex.com”) and received in our office via email on August 17, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your Rebuttal, you state that our previous response confirms that CMS received your payoff in the amount of $104,390.80 on August 31, 2015.  Nevertheless, you allege that CMS continues to inaccurately report your August 1, 2015 mortgage payment to the credit bureaus as thirty days delinquent.   We regret that you were dissatisfied with our response to your complaint.  CMS is committed to the highest standards of customer satisfaction and professionalism, and for this reason, we take all legitimate complaints regarding the conduct of our business very seriously.  Although we understand you are not pleased with the outcome, your complaint was investigated fairly and we believe it was resolved appropriately.    Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to clarify our response and address any outstanding concerns in this matter.    In response to your Rebuttal, as mentioned in our prior response, CMS’s records show that your loan was due for the August 1, 2015 payment in the amount of $1,116.41 at the time your loan payoff was received on September 1, 2015. Additionally, our records show a wire transfer with the transfer date of September 1, 2015 at 5:19 AM, Eastern Time in the amount of $104,390.80 and a Bank Reference Number of [redacted]. Therefore, because your August 1, 2015 payment in the amount of $1,116.41 was not received until September 1, 2015, it was accurately reported as a thirty day delinquency to the credit bureaus.   As mentioned in our prior response, if you have evidence that the wire transfer in the amount of $104,390.80 was sent to CMS on August 31, 2015, we ask that you provide whatever evidence you may have that supports your claim so we can review this matter further. In the absence of any such evidence, we believe the record is clear that the payoff received September 1, 2015 has been properly processed by CMS.    Therefore, CMS remains unable to identify any new issues that have not been previously addressed in detail by CMS as your most recent correspondence appears to be substantially similar, or even identical to correspondence previously addressed by CMS. Accordingly, no further response from CMS is required.  Moreover, because we have now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims.   Furthermore, CMS is obligated by federal law to provide timely and accurate credit reporting in regard to the current loan status, payment history and loan information.  We have determined that the information reported to the major credit bureaus properly reflects your payment history and loan information.  We are, therefore, unable to make the requested changes to the reported information.   We trust that this communication addresses all of the concerns noted in your Rebuttal.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. Tell us why here...

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

December 10, 2015
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Property Address: [redacted]

Dear Mr. Davis:
The [redacted] Department of Carrington Mortgage...

Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com received in our office via email on November 16, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that while in the middle of applying for a Veteran’s Administration (“VA”) loan you received a notice that you were denied financing. You stated that you were advised by the CMS Loan Officer the notice of denial received was an error and to proceed with the home inspection and VA appraisal. You go on to allege that you attempted to contact CMS on several occasions; however were unable to get a reply. You also allege that CMS failed you as a customer and are at a loss for the cost of the home inspection in the amount of $750.00 and the cost of the VA appraisal in the amount $500.00. Your desired resolution is to be reimbursed a total of $1,250.00.
On October 14, 2015, CMS received your completed application and disclosures to begin the purchase process.
On October 15, 2015, the appraisal was ordered and our records indicate the appraisal was completed on November 4, 2015. The same day the appraisal was completed, the above-referenced application for your loan was sent to processing.
On November 6, 2015, the application for your loan was submitted to Underwriting for review.
On November 10, 2015, your application was suspended by the Underwriter due to your debt-to-income ratio, lack of reserves, late payments on a mortgage within twelve months and your landlord experience was insufficient.
On November 12, 2015, CMS issued you a denial letter in connection with the above-referenced loan. For your ease of reference, enclosed is a copy of the denial letter issued to you for your review.
Our review has confirmed your loan application was a “No Cost Loan” so therefore nothing was paid upfront by you. We have also confirmed no other services were either required or performed in connection with your loan application, in fact we note the appraisal that was ordered on the property is in the process of being paid for by CMS.
With respect to your claim the VA Home Inspection was paid by you, we found no evidence an inspection report was ordered in our application system of record. However, if you have any supporting documentation to support the payment of the VA Home Inspection, we will be happy to further research your claim. Please note it will be necessary that you provide a copy of the VA Home Inspection Report and proof of payment.
Based on the foregoing, we found no evidence the loan officer notified you that your loan application was denied in the middle of your application as the denial notification was not issued to you until November 12, 2015. We also found no additional evidence in which there was any delay in processing your loan application or that you were required to pay for an appraisal or VA Home Inspection. Please note our records indicate the appraisal fee is in the process of being paid by the CMS. While we regret your loan application was declined, based on our findings above, we respectfully decline your request for reimbursement of $1,250.00.

We trust this communication addresses all of the concerns noted in your complaint. If you have further questions, please contact the undersigned at [redacted], Monday through Friday from 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
[redacted]
CC: Revdex.com

The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is in
receipt of a complaint submitted to the Revdex.com regarding the above-referenced loan received in our
office via email on October 24, 2014. CMS is committed to responsible lending and servicing
and we would like to...

address any concerns you may have. The following is our response to the
issue( s) raised in the inquiry.
At the outset, please note that the servicing of this Federal Housing Administration ("FHA")
insured loan was transferred from Bank of America ("BOA") to CMS on or about August 2,
2014. Attached for your ease of reference is a copy of the August 3, 2014 Notice of Service
Transfer ("Hello Letter") sent to you by CMS that notified you of the service transfer. At the
time of the service transfer your loan was contractually current and showing due for the
September 1, 2014 payment.
On September 2, 2014, you paid the September 1, 2014 payment in the amount of $587.76.
Three days later, CMS received funds in the amount of$274.46 ofwhich, CMS applied $272.66
to your escrow account and the remaining $1.80 was applied as a principal reduction.
On September 11, 2014, you contacted CMS and explained that you provided payment
instructions on the check that directed CMS to apply the funds in the amount of $274.46 towards
your principal balance. The CMS representative opened a request to CMS's Cashiering
Department to reverse the September 5, 2014 application and apply the funds towards the
outstanding principal balance.
On September 16, 2014, CMS received a response from the Cashiering Department indicating
that the funds were properly applied to the escrow account as the escrow account was negative in
the amount of $-272.66. Because CMS applies funds as directed within the attached Mortgage
loan document, CMS is required to apply funds to any negative escrow before applying the
excess funds as a principal curtailment.
As you can see, Section Three (3) of your Mortgage loan document states: 3. Application of
Payments, All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
FIRST. to the mortgage insurance premium to be paid by Lender to the Secretary or to the
monthly charge by the Secretary instead of the monthly mortgage insurance premium;
SECOND. to any taxes, special assessments, leasehold payments or ground rents, andfire, flood
and other hazard insurance premiums, as required;
THIRD. to interest due under the Note;
FOURTH, to amortization of the principal ofthe Note; and
FIFTH, to late charges due under the Note.
On September 19, 2014, CMS spoke to you and during this phone conversation, the CMS
representative provided you with the outcome of your request. On September 30, 2014, CMS
received your October 1, 2014 payment in the amount of$587.76.
On October 16, 2014, you contacted CMS and advised the CMS representative that you needed
the amount to pay off your loan. The CMS representative provided you with the tum-around
time of two to five days and also provided you with the fax number to request the payoff from
CMS. Because you indicated that you did not have a return fax number, the CMS representative
explained that the completed payoff statement would be sent to you via first class mail once
CMS was in receipt of your written pay off request.
That same day, CMS received the attached payoff request from you. This payoff statement was
sent to the Wheatland Federal Credit Union via fax at ###-###-#### on October 21, 2014 as
you requested. CMS received only one payoff request from you and our records show that the
payoti statement was promptly provided to Wheatland Federal Credit Union within only three
business days.
On November 3, 2014, CMS received funds in the amount of$48,111.79 that were sufficient to
pay off your loan in full. Please be advised that any surplus of funds received for the purpose of
the payoff will be refunded to you within the timeframe required under applicable law. For your
ease of reference, please find the attached loan payment history and the loan servicing payment
codes and definitions.
Based on the foregoing, we believe the record is clear that CMS has properly serviced your loan,
applied funds received from you as directed within your Security Instrument, and provided you
with a payoff statement within only three business days of receiving your written payoff request.
Should you wish to further discuss CMS's loan servicing practices, we encourage you to contact
our Customer Service Department at ###-###-#### for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you
have any further questions, please contact the undersigned at ###-###-####, Monday through
Friday, 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate

May 25, 2016     Original response sent via regular Mail   [redacted]     RE:     Loan...

No.:                    [redacted]             Borrower:                    [redacted]                         Co-Borrower:              [redacted]                         Property Address:       [redacted]             Complaint ID:             [redacted]     Dear Ms. [redacted] and Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on April 25, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in your inquiry.   As we understand your complaint, you allege that CMS double paid escrow items and incorrectly adjusted your mortgage payment using estimated amounts based on those double payments.  In addition, you also claim CMS failed to notify you timely of the payment change.  You further claim CMS mailed you a late notice indicating your payment was less than the amount due.  You acknowledge that your payment amount has since been corrected; however, you claim you were improperly assessed a late charge although CMS advised you that the late charge would be waived.   As a preliminary matter, the servicing rights for the above referenced account were originally transferred to CMS from [redacted] (“[redacted]”) effective April 2, 2015.  Attached for your ease of reference is a copy of the April 6, 2015 Notice of Servicing Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer.  At the time of the service transfer your loan was contractually current and showing due for the May 1, 2015 payment.   It is also important to note that the Real Estate Settlement Procedures Act (“RESPA”) requires that an escrow analysis be completed within sixty days following a service transfer.  It is important to note that the analysis of your escrow account does not in any way change your fixed interest rate of 5.25%, and your monthly principal and interest payment of $243.99 also remains unchanged.   That said, on May 8, 2015, CMS analyzed your escrow account and sent you an Annual Escrow Account Disclosure Statement (“AEADS”).  For your reference, attached please find a copy of the May 8, 2015 AEADS. The purpose of the May 8, 2015 AEADS was to advise you of the projected escrow activity for your escrow cycle beginning July 1, 2015 and ending June 30, 2016.  More specifically, the AEADS projected that your yearly county taxes would be $387.71, the yearly homeowner’s insurance premium would be $1,492.00 and the yearly Federal Housing Administration (“FHA”) Mortgage Insurance Premium (“MIP”) would be $218.04. The total monthly disbursements for the escrow cycle beginning July 1, 2015 and ending June 30, 2016 were calculated to be $2,097.75, which if spread over a twelve-month period is equal to $174.81 every month.   Based on the calculations from the May 8, 2015 AEADS, your low point escrow balance was $86.48. As a result, in order to reach the required escrow balance of $313.28, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $226.80.  Please note that the escrow shortage was spread over a twelve-month period starting with your July 1, 2015 mortgage payment.  Resultantly, that is the reason why the mortgage payment increased by $8.44 from $429.26 to $437.70.   Please note the following breakdown of your payment following the May 8, 2015, AEADS:   Principal and Interest:             $ 243.99 Escrow payment:                    $ 174.81 Escrow Shortage:                    $   18.90 Total Monthly Payment:         $ 437.70   On November 23, 2015, CMS paid the homeowner’s insurance premium from your escrow account in the amount of $1,300.00 for insurance coverage effective December 15, 2015 through December 15, 2016.   On November 25, 2015, CMS inadvertently made an additional disbursement of $1,300.00 for hazard insurance.  We sincerely apologize for any inconvenience you may have experienced due to this inadvertent error.    Shortly thereafter, and before CMS was able to identify the error, on November 27, 2015, CMS completed the required annual escrow analysis for your loan and generated an AEADS. For your reference, attached please find a copy of the November 27, 2015 AEADS. The purpose of the November 27, 2015 AEADS was to advise you of the projected escrow activity for your escrow cycle beginning January 1, 2016 and ending December 31, 2016.  More specifically, the AEADS projected that your yearly county taxes would be $421.22, the yearly homeowner’s insurance premium would be $1,300.00 and the yearly FHA MIP would be $218.04. The total monthly disbursements for the escrow cycle beginning January 1, 2016 and ending December 31, 2016 were calculated to be $1,939.26, which if spread over a twelve month period is equal to $161.60 every month.   Based on the calculations from the November 27, 2015 AEADS, your low point escrow balance was negative $785.05. As a result, in order to reach the required escrow balance of $286.86, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of  $1,071.91.  Please note that the escrow shortage was spread over a twelve-month period starting with your January 1, 2016 mortgage payment.  Resultantly, that is the reason why the mortgage payment increased by $57.21 from $437.70 to $494.91. Additionally, your yearly homeowner’s insurance premium decreased from $1,492.00 to $1,300.00.     Regrettably, the duplicate escrow payment for hazard insurance caused the escrow shortage and was the reason your monthly payment increased.    Please note the following breakdown of your payment following the November 27, 2015 AEADS:   Principal and Interest:             $ 243.99 Escrow payment:                    $ 161.60 Escrow Shortage:                    $   89.32 Total Monthly Payment:         $ 494.91   As you can see, based on the November 27, 2015 AEADS, your monthly payment increased effective January 1, 2016 from $437.70 to $494.91. On December 28, 2015, CMS received a payment in the amount of $440.00.  As your payment was short by $54.91, the funds received were applied to the escrow account.   On December 30, 2015, CMS received insurance refund proceeds in the amount of $1,300.00 from the duplicate insurance payment and applied these funds to your escrow account.   On January 22, 2016, CMS received a payment in the amount of $440.00 which was held as unapplied funds.   On January 26, 2016, you contacted CMS on two separate occasions. On the first call, you spoke with [redacted], our third party tax vendor and inquired about two escrow disbursements made on November 20, 2015 and on November 25, 2015. The [redacted] Representative informed you that property taxes were paid in the amount of $421.22 and the two additional escrow disbursements were for homeowner’s insurance.   Shortly thereafter, you contacted CMS directly and requested a new escrow analysis in order to reflect the escrow refund payment of $1,300.00.  It was also during this same call that you raised concerns pertaining to your monthly payment increasing, the late charge assessed, and the escrow shortage, and you also stated that the homeowner’s insurance was paid twice.  Lastly, you stated you could not pay the difference of $54.91 in order to complete the January 1, 2016 payment due to the fact your escrow payment had increased.   The CMS Representative stated she would review your account with a supervisor.   On January 28, 2016, CMS reversed funds in the amount of $880.00 from unapplied and posted $494.91 to the January 1, 2016 contractual payment. The remaining balance of $365.30 was then applied to the principal balance and the remaining $19.79 was posted to the January 1, 2016 late charge.    Thereafter, on February 3, 2016, CMS re-analyzed your escrow account and sent you an updated AEADS. For your reference, attached please find a copy of the February 3, 2016 AEADS. The purpose of the February 3, 2016 AEADS was to advise you of the projected escrow activity for your escrow cycle beginning February 1, 2016 and ending January 31, 2017.  More specifically, the AEADS projected that your yearly county taxes would be $421.22, the yearly homeowner’s insurance premium would be $1,300.00 and the yearly FHA MIP would be $213.60. The total monthly disbursements for the escrow cycle beginning February 1, 2016 and ending January 31, 2017 were calculated to be $1,934.82, which if spread over a twelve month period is equal to $161.23 every month.   Based on the calculations from the February 3, 2016 AEADS, your low point escrow balance was $606.57. As the allowed 1/6th escrow cushion was $286.86, this escrow analysis reflected an escrow surplus in the amount of $319.71. Resultantly, that is the reason why your mortgage payment decreased by $89.69 from $494.91 to $405.22 effective with the February 1, 2016 mortgage payment. Please note that the escrow surplus check of $319.71 was mailed to you on February 3, 2016.   Please note the following breakdown of your payment following the February 3, 2016 AEADS:   Principal and Interest:             $ 243.99 Escrow payment:                    $ 161.23 Total Monthly Payment:         $ 405.22   The monthly payment decrease was due primarily to the fact that CMS received the hazard insurance refund of $1,300.00 and applied those funds to the escrow account.   On February 16, 2016, you contacted CMS regarding your February 1, 2016 payment. The CMS Representative explained that the January 2016 payment had increased to $494.91. Therefore, when CMS received funds on December 28, 2105 in the amount of $440.00 these funds were held as unapplied funds. You were further informed that the January 1, 2016 payment was not posted until CMS received the additional funds in the amount of $440.00 which were received on January 22, 2016. Lastly, you were also advised that the February 2016 payment was short $39.92, which was the amount needed to satisfy the February 1, 2016 contractual payment.  On this same call, the CMS representative attempted to transfer you to the CMS Escalation Department for further assistance; however you disconnected call.   On February 18, 2016, you contacted CMS stating you had made the February 2016 payment on January 22, 2016. The CMS Representative clearly explained that the January 22, 2016 payment was applied to the January 1, 2016 contractual payment.  It was during this conversation that the CMS Representative inaccurately advised you that your December 28, 2015 payment of $440.00 had been misapplied towards escrow.  In addition, the CMS Representative failed to mention that the misapplied payment was corrected on January 28, 2016.   On February 25, 2016, CMS submitted a request to the Cashiering Department to have the $365.30 principal payment reversed and applied towards your February 1, 2016 payment. On February 29, 2016 CMS completed the payment reversal and used the $365.30 principal payment to complete the February 1, 2016 payment of $405.22.  Upon the successful completion of this reversal, the loan was contractually current and due for the March 1, 2016.  However, your loan still reflected an uncollected late fee in the amount of $16.20.    On March 22, 2016, you contacted CMS regarding the total amount due. The CMS Representative advised that per system comments, the late charge would be waived. On the same day, the CMS Representative escalated late charge removal to supervisor.   Before the late charge could be waived, on March 23, 2016, CMS received a payment in the amount of $415.00.  This payment was applied to the April 1, 2016 contractual payment in the amount of $ 405.22 and $9.78 was applied to the deferred late charge.    On May 2, 2016, CMS received payment in the amount of $420.00.  This payment was applied to the May 1, 2016 contractual payment in the amount of $405.22, $6.42 was applied to the deferred late charge and the remaining funds of $8.36 were applied to principal.    Nevertheless, solely as an expression of our commitment to the highest standards of customer satisfaction, CMS has agreed to complete the waiver of the $16.20 deferred late fee collected on March 23, 2016 and on May 2, 2016.  CMS will be required to reverse both payments and the $16.20 will be applied to the unpaid principal balance.    Lastly, as of today’s date, your loan is current and due for the June 1, 2016 contractual payment in the amount of $405.22. Attached for your ease of reference is a current payment history including transaction codes and definitions.   We trust that this communication addresses all of the concerns noted in your complaint.   As noted above, we regret the errors that led to the improper increase in your mortgage payment, and we are sorry we were not able to resolve your concerns in a more timely manner. CMS remains committed to the highest standards of customer satisfaction, and we appreciate your bringing the matter to our attention. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.     Sincerely,     [redacted] Customer Advocate

December 16, 2015
[redacted]
RE:      Complaint I.D. No.:    [redacted]
Loan No.:                    [redacted]...

and [redacted]
Property Address:       [redacted]
                                        ...⇄
Dear Ms. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on November 18, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you claim that when CMS called you to schedule the signing of the final loan documents for your refinance, you requested a separate written explanation of the loan terms, and asked for this document be provided to you prior to signing the loan documents; however, CMS did not comply with your request.  In addition, you allege that CMS attempted to schedule the signing of your final loan documents after 9:00 PM with a notary arriving at your home that same evening around midnight.  Lastly, you claim that CMS provided a payoff statement that included late charges, and you dispute these fees because you have never made a late payment on your loan.
At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured loan number [redacted] was transferred from [redacted] N.A. (“[redacted]”) to CMS on or about April 2, 2015.  At the time of the service transfer your loan was showing due for the April 1, 2015 payment.  While CMS began servicing the loan on April 2, 2015, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition.  This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and complete post-transfer diligence and escrow analysis that are due within sixty days of the acquired date. 
Upon review, our records show that on September 4, 2015, CMS received your application for a streamline refinance for a Federal Housing Administration (“FHA”) insured loan, with a loan amount of $173,687.00, with assigned loan number [redacted].  Correspondingly, that same day, CMS sent you the applicable Lending Disclosure documents for this FHA streamline refinance. Later that same day, CMS received from you the signed disclosure document acknowledgements.  Attached for your ease of reference are copies of the signed acknowledgments.   
·         Acknowledgement of Intent to Proceed
·         Acknowledgement of Receipt of Good Faith Estimate
·         Federal Truth-In-Lending Disclosure Statement
·         [redacted] Lock-In Disclosure
·         Borrower’s Certification & Authorization
·         Fair Credit Reporting Act
·         Important Notice to Homebuyers
·         Notice to Homeowner
·         FHA/VA Notice to Applicants
·         Informed Consumer Choice Disclosure Notice
·         Homeownership Counseling Organization List
On September 9, 2015, CMS provided you an updated Good Faith Estimate that showed the loan amount of $173,687.00.  A copy of this document is attached for your ease of reference.  On September 11, 2015, CMS issued a payoff statement for your loan number [redacted] that showed a payoff amount of $170,332.65, good to October 1, 2015.  For your ease of reference a copy of this payoff statement is attached, and below is the summary portion of the payoff amount.
On September 19, 2015, CMS conditionally approved your streamline refinance with a loan amount of $173,687.00.  On September 23, 2015, your loan conditions were completed, and CMS Underwriting provided an updated approval for your refinance with no conditions. 
Subsequently, on September 25, 2015 a notary was scheduled to meet with you at your home at 7:00 PM.  That same day, the Loan Processor, [redacted] sent you an email that notified you a notary had been scheduled to meet with you for the final loan document signing for loan number [redacted].  Below, for your ease of reference is a copy of this email.
09/25/15 11:44 AM (PST) [redacted] >
Good morning,
CONGRATULATIONS!  Your loan is now in final approval status.  The below information is the summary of what you will be signing at closing.  This is to occur on your primary home.  Notary will be coming your way and will be bringing docs to you for signing.
DATE AND TIME OF SIGNING
September 25, 2015
7:00 PM
SIGNING LOCATION:
[redacted]
LOAN TERM SUMMARY
Program:  FHA Streamline 30 Year Fixed with no prepayment penalty
INTEREST RATE: 4.00%
LOAN AMOUNT OF $ 173,481.00
First payment:  November 1, 2015 skipping October's payment
Monthly payment will be: $ 1,243.63
Principal and Interest: $ 828.22 
Taxes: $ 155.41
Insurance: $ 147.25
FHA Mortgage Insurance: $ 112.75
OTHER INFORMATION RELATIVE TO THE LOAN
Vesting on title:  [redacted], A SINGLE PERSON
Notary information is to follow and will be given to you before your closing date
and time.  Copy of taxes, insurance & payoff is attached for informational use
CMS received notification that you did not sign the final loan documents as you had concerns with the loan amount being approximately $3,000.00 higher than the payoff amount.  On September 29, 2015, you communicated with CMS Loan Processor, [redacted].  Ms. [redacted] explained the additional sum of $2,987.25 was for the required FHA Mortgage Insurance Premium (“MIP”), which is paid to the Federal Housing Authority. You informed Ms. [redacted] that you wanted CMS to lower the loan amount to match the payoff amount, and you did not want to pay any additional amounts for this loan.  Ms. [redacted] explained that the FHA MIP was a requirement for this loan, and that this cost is commonly added and financed in the loan.  However, you also had the option of paying this sum at closing to avoid the amount being added to the loan.  Attached for your ease of reference are copies of the Settlement Statement (HUD-1) and HUD/VA Addendum to Uniform Residential Loan Application that were included with the final closing documents.
In preparation for a new closing for this loan, an updated payoff statement was requested.  On September 29, 2015, CMS issued an updated payoff statement for your loan number [redacted], with the amount good to November 1, 2015.  At the time, your loan was due for the October 1, 2015 payment.  Because the “good through” date fell after the date on which an unpaid payment would come due, this updated payoff statement included a projected late fee amount of $57.03.  It is important to note that this late fee was not assessed to your loan at the time.  For your ease of reference a copy of this payoff statement is attached, and below is the summary portion of   the payoff amount.
Thereafter, no response was received from you regarding your intentions with loan number [redacted].  Loan Processor, [redacted] called you on October 2, 2015 and again on October 9, 2015, and left messages for you to return her call; however, no response was received from you.  Therefore, on October 14, 2015, CMS closed your file and provided you with a denial notice.  For your ease of reference a copy of this letter is attached.
Finally, with respect to your claim that CMS improperly failed to provide a separate written explanation of the proposed loan terms, please note that CMS complies with applicable law with respect to providing written disclosures of loan terms. CMS respectfully submits that the disclosures made by CMS and required by law provided you with the information you claim to have requested, even if those disclosures were not repeated in a separate statement.
In light of the above, we believe the record is clear that CMS properly processed your FHA streamline loan application in accordance with FHA lending guidelines.  While we regret that CMS was unable to close your loan under the terms you desired, we believe CMS properly provided you timely and accurate loan disclosures and loan terms and conditions prior to the scheduled loan closing.  In addition, we did not find any evidence to support your claim that CMS scheduled a notary to meet with you for the signing of the final loan documents at 9:00 PM or midnight.  In closing, as of the date of this letter your loan number [redacted] is showing contractually current and next due for the January 1, 2016 payment and no late fees have been assessed or charged to your loan since the date of the service transfer.
We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
CC:  Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted].  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC [redacted].
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[First off, I am man and I want to know why I am being referred to as a Ms. Second, I disagree with the word "alleged" when referring to the conversation that I had with [redacted]. There was no alleged to it unless you are calling me a liar.
Regards,
[redacted]

March 4, 2016
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Mr. [redacted]:
The Customer Advocate Department of Carrington Mortgage...

Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office email on February 18, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you state that your loan was transferred to CMS with outstanding administrative fees due in the amount of $1,017.23; however, you are disputing that you owe certain such fees (you concede that certain fees amounting to $854.21 of the total are valid). You also express concern that you received a mortgage statement from CMS outlining a $15.00 fee that was assessed to your loan and you are disputing that $15.00 fee. You further claim that CMS provided you with no explanation of that $15.00 fee; however, you also state that you were notified by CMS that the fee was assessed as a result of a drive by property inspection being completed. You are demanding that the $15.00 fee be removed from your loan and that CMS provide you with evidence that such drive by inspection was actually completed.
As you know, the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on February 1, 2016. On February 6, 2016, CMS issued you the attached Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. The Hello Letter was sent to you by CMS within fifteen days of the service transfer as required under applicable law. At the time of the service transfer, your loan was contractually in default and showing due for the November 1, 2015 mortgage payment in the amount of $1,233.69.
We are able to confirm that your loan was transferred to CMS with an outstanding fee balance in the amount of $869.21 which included outstanding late charges in the amount of $854.21 and a property inspection fee in the amount of $15.00 ($854.21 plus $15.00 equals $869.21).
Because you have indicated that your loan should have been transferred to CMS with an outstanding fee balance in the amount of $854.21, CMS has contacted your prior loan servicer and has confirmed that charges in the amount of $854.21 were in fact assessed to your loan through the month of October 2015 and were validly transferred to CMS as due and payable from you.
Because your loan was transferred to CMS with the above referenced late charges as well as a $15.00 property inspection fee, CMS inquired whether this property inspection fee was assessed to your loan prior to the service transfer to CMS. Your prior loan servicer responded to CMS explaining that a property inspection was completed prior to the service transfer, but also indicated that the $15.00 fee associated with the property inspection should not have been passed along to you. Due to an inadvertent clerical error, the $15.00 property inspection fee was transferred to CMS showing due and payable from you. Accordingly, CMS has removed the $15.00 property inspection fee from your loan which brought the total amount of fees due from you at the time of the service transfer to $854.21.
CMS would like to sincerely apologize for any inconvenience the inadvertent clerical error may have caused you. Because the property inspection fee has been removed from your loan, we assume you no longer have a need for a copy of such property inspection. If that assumption is incorrect, please be advised that CMS was not provided with a copy of the property inspection in question, so if you wish to obtain a copy of such property inspection CMS encourages you to contact your prior loan servicer directly to do so. Attached for your ease of reference is a copy of your loan payment history CMS received from your prior loan servicer.
CMS would like to take this opportunity to remind you that pursuant to the attached Promissory Note, all mortgage payments are due on the first day of each month. Should the full mortgage payment not be received by your loan servicer on that day, such payment is considered late as of the second day of the month. If the payment is not received by CMS on or before the sixteenth day of the month in which the payment became due, a late fee equal to 4% of the past due payment may be assessed to your loan. Any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent.
As outlined above, late charges in the amount of $854.21 were transferred to CMS as being due and payable through the month of October 2015. In your complaint you acknowledge that those late charges are valid and you are not disputing that these late charges are due and payable from you. As you know, your loan servicer was not in receipt of your November 1, 2015 through January 1, 2016 mortgage payments in the amount of $1,233.69 each, on or before the sixteenth day of each of those months. Consequently, late charges in the amount of $49.34 (4% of $1, 233.69 equals $49.31) were assessed to your loan for each of those months totaling $148.02 ($49.31 multiplied by 3 equals $148.02). This brought the total amount of outstanding late charges due from you to $1,002.23.
Our records show that on or about February 6, 2016, CMS ordered a property inspection at the cost of $20.00 to determine whether the property was vacant in an effort to protect the security interest in the property. A copy of the property inspection is attached for your ease of reference. At the time this property inspection was ordered, you had failed to perform the covenants and agreements contained in your Security Instrument as your loan was in default for the November 1, 2015 mortgage payment.
CMS conducts property inspections under such circumstances to ensure that the value of the collateral is being preserved. As such, this property inspection was lawfully ordered as Section 5, Occupancy Preservation, Maintenance, and Protection of the Property; Borrower’s Loan Application, Leaseholds of the attached Mortgage provides that “Lender may inspect the property if the property is vacant, or abandoned, or if the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned property.” Although this property inspection fee has not been assessed to your loan at this time, CMS reserves the right to assess the $20.00 property inspection fee to the loan in the future.
On February 9, 2016, CMS received funds from you in the amount of $3,701.07. These funds were applied to your November 1, 2015, December 1, 2015 and January 1, 2016 mortgage payments in the amount of $1,233.69 each ($1,233.69 multiplied by 3 equals $3,707.07). On February 16, 2016, CMS received new funds from you in the amount of $1,273.69. These funds were applied to your February 1, 2016 mortgage payment in the amount of $1,233.69 and the remaining $40.00 was applied to late charges due. After the application of these funds, your loan was contractually current with outstanding late fees due in the amount of $962.23.
In light of this information the late charges CMS has assessed to your loan in the amount of $1,002.23 are valid and will not be removed from your loan. CMS encourages you to remit your full month mortgage payment to CMS on the date that it becomes due to prevent late fees, or derogatory credit reporting for any unexpected issues that may arise when making your monthly mortgage payments. Attached for your ease of reference is a copy of your loan payment history along with the loan servicing system payment codes and definitions.
Please note that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.
Based on the foregoing, we believe the record is clear that upon discovering that a $15.00 property inspection was assessed to your loan in error, CMS has taken the appropriate actions to remove that property inspection fee from your loan. It is also clear that while your loan was transferred to CMS with outstanding late charges in the amount of $854.21, you have incurred additional late charges as your November 1, 2015, December 1, 2015 and January 1, 2016 mortgage payments were not satisfied on or before the sixteenth day of each of those months.
Please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with any loan servicing concern. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service Research Department, [redacted] or fax your correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

May 22, 2015
 
 
[redacted]
 
RE:      Loan No.:                    [redacted]
Complaint ID No.:     ...

[redacted]       
 
Dear Ms. [redacted]:
 
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on April 30, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.
 
As we understand your complaint, you claim that you made a payment to CMS on March 17, 2015 in the amount of $1,890.37 and the payment was not applied to your loan as intended.  You further state that when you contacted CMS you were informed that the payment had been wired to [redacted] (“[redacted]”) with the service transfer on April 1, 2015; however, when you contacted [redacted], they indicated that they have no record of this payment. 
 
Upon review, our records show that the servicing of this loan was transferred to [redacted] on April 1, 2015.  A copy of the transfer notification letter dated March 9, 2015 is attached for ease of reference.  At the time of the service transfer your loan was showing contractually due for the April 1, 2015 payment. 
 
Upon further review, the records show that CMS received a payment in the amount of $1,890.37 on March 17, 2015 and that this payment was applied to the suspense/unapplied account.  Subsequently, on April 1, 2015, CMS completed the service release and your loan transferred to the new servicer with a due date of April 1, 2015, a principal balance of $276,250.00, an escrow balance of $1,029.53 and suspense funds in the amount of $1,890.37.
 
You contacted CMS on March 23, 2015 and inquired about the aforementioned payment and the CMS representative informed you that the payment had been sent to the new servicer.  On April 20, 2015, you contacted CMS again and during this call you informed the CMS representative that you had contacted [redacted] who indicated that they had no record of your payment in the amount of $1,890.37.  The CMS representative informed you that she would open a ticket to have the matter researched. 
 
On April 24, 2015, you contacted CMS once again and you expressed concerns about your missing payment and indicated that [redacted] had not received your payment in the amount of $1,890.37 from CMS.  The CMS representative again informed you that this payment had been sent to the new servicer at the time of transfer on April 1, 2015. 
 
On April 30, 2015, you contacted CMS once again and spoke to a CMS Supervisor who informed you that the research result indicated your payment in the amount of $1,890.37 had been sent to the new servicer on April 1, 2015 along with the escrow balance of $1,029.53 for a total transfer of funds in the amount of $2,919.90.
 
On May 20, 2015, CMS contacted your new servicer and was able to confirm that they did receive the transfer of funds in the amount of $2,919.90 on April 1, 2015.  We also confirmed that your payment of $1,890.37 had been applied to the May 1, 2015 payment and that the loan is current and due for the June 1, 2015 payment.  
 
Based on the foregoing we conclude that CMS properly completed the service transfer which included the aforementioned payment along with the escrow account balance on April 1, 2015 and, that CMS has confirmed receipt of these funds by the new servicer on that same day.  Should you have any further questions or concerns regarding the payment in question, we encourage you to contact [redacted] directly at [redacted].      
 
We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact [redacted], at [redacted], Monday through Friday, 7:00 AM to 7:00 PM, Mountain Daylight Time. 
 
 
Sincerely,
 
 
[redacted]
Customer Advocate
 
CC:      Revdex.com
 
 
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted].  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
 
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
 
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
 
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
 
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
 
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
 
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
 
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

June 30, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Primary Borrower: [redacted]
Co-borrower: [redacted]
Property Address: [redacted]...

[redacted]
Dear Mr. [redacted] & Ms. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on June 5, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that your loan was recently sold from [redacted] (“[redacted]”) to CMS. Shortly thereafter, you claim that CMS informed you that your monthly mortgage payment would increase in order to collect an escrow cushion. Also, you say that you called CMS to inquire if we could remove the escrow cushion since your prior mortgage servicer did not collect one and you state that the CMS representatives you spoke with were condescending and unprofessional. Therefore, you want CMS to reanalyze your escrow account and cease any attempts to collect an escrow cushion and to allow you to pay your projected escrow shortage.
At the outset, please note that the servicing of your loan was transferred from [redacted] to CMS on or about April 2, 2015. At the time of the service transfer your loan was contractually current and due for the April 1, 2015 payment.
Based on a review of your loan, please be advised that on May 1, 2015 CMS sent you an Annual Escrow Account Disclosure Statement (“AEADS”). The purpose of the AEADS was to advise you of your projected escrow activity for your escrow cycle beginning July 2015 and ending June 2016. More specifically, the AEADS projected that your yearly county taxes would be $2,032.10, your yearly homeowners insurance premium would be $848.12, and that your yearly mortgage insurance premium would be $1,023.60. Correspondingly, your total disbursements for your escrow cycle beginning July 2015 and ending June 2016 were calculated to be $3,903.82.
That said, please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds. Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th of the total annual projected escrow disbursements made during an escrow cycle. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].
Therefore, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning July 2015 and ending June 2016. The total escrow cushion that CMS may collect is $480.02.
Based on the calculations from the May 1, 2015 AEADS, your low point escrow balance was $-22.51. As a result, in order to reach a low point escrow balance of $480.02, the allowed 1/6th escrow cushion, CMS would have collected an escrow shortage in the total amount of $502.53. Please note that your escrow shortage would have been collected over a twelve (12) month period starting with your July 1, 2015 payment. Resultantly, that is the reason why your overall monthly mortgage payment was set to increase from $1,445.88 to $1,484.63.
On June 3, 2015, our records indicate that you called CMS to inquire about the escrow cushion on your account. During this phone call you asked the CMS representative to remove the escrow cushion and the representative advised you that CMS was be unable to remove the escrow cushion and would continue to collect pursuant to RESPA guidelines. You then requested to speak with a CMS supervisor and the representative transferred your call.
During this phone call you asked the CMS supervisor to remove the escrow cushion and the supervisor advised you that our office was collecting an escrow cushion as permitted by RESPA guidelines and that we would be unable to remove the cushion. Thereafter, you asked to speak with a CMS manager because you felt that the supervisor was being arrogant. The supervisor then transferred your call to a manager.
The CMS manager listened to your concerns and to your request to have the escrow cushion removed from your account. Additionally, you also advised that your prior servicer did not collect an escrow cushion and felt that CMS should honor the same servicing terms. The manager advised you that CMS made a business decision to collect an escrow cushion pursuant to RESPA guidelines. In an effort to assist you, the manager did offer to spread your escrow shortage over twenty-four (24) months instead of twelve (12) months, but you were instead interested in spreading the shortage over forty-eight (48) months. The manager advised you that she was unable to approve that request and you then asked for the address to submit a formal complaint. You were provided with that mailing address and were once again asked if you were interested in having your escrow shortage spread over twenty-four (24) months. You
acknowledged the manager’s explanation and agreed to have your escrow shortage spread over twenty-four (24) months.
On June 29, 2015 CMS reanalyzed your loan and spread the escrow shortage over twenty-four (24) months. Consequently, your payment for July 1, 2015 will be in the amount of $1,461.72. Please note that your monthly mortgage payment increased by only $15.84 from your prior monthly payment amount. For your reference, a copy of the June 29, 2015 Annual Escrow Account Disclosure Statement reanalysis is attached hereto as Exhibit “A”. Furthermore, please note that you also have the option to pay your entire escrow shortage in full. Per the most recent analysis, your escrow shortage is $498.89. If you want to pay your entire escrow shortage, please call me at [redacted] so I may assist you with applying your payment to your account.
Additionally, if you cannot afford your new monthly mortgage payment, please know that CMS does offer various mortgage assistance programs. If you would like to explore the mortgage assistance opportunities that may be available to you, we encourage you to visit our website at [redacted] or call our Home Retention Department to speak with a representative at [redacted], Monday through Friday, from 7:00AM to 5:00PM, Pacific Time.
As a result of our investigation and review of your June 3, 2015 phone call, we find no evidence of unprofessional or offensive customer service. Contrary to that allegation, the CMS representative, supervisor, and manager were all willing to assist you and explain why CMS is collecting an escrow cushion. While we understand you would have preferred a different outcome, we respectfully submit that the collection of the cushion is permitted by law and common within the mortgage industry. Therefore, CMS will continue to comply with federal law and collect the allowable escrow cushion.
In closing, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling **800-[redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

August 24, 2015
 
 
[redacted]
 
RE:      Complaint No:                       ...

[redacted]
Loan No.:                    [redacted]
Property Address:       [redacted]
 
Dear Mr. and Mrs. [redacted]:
 
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on January 3, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.
 
As we understand your complaint, you claim that shortly after your loan was transferred to CMS, your monthly escrow payment increased with no explanation for this increase by CMS.  You also claim that you have made several calls to CMS in an effort to obtain information about the payment increase; however, you were put on hold and then after being on hold for an extended period of time, the call was dropped.  Lastly, you express concerns with the increase in your payment and your inability to make contact with CMS for an explanation about this increase.
 
At the outset, please note that the servicing of this Veteran’s Administration (“VA”) guaranteed loan was transferred from [redacted] (“[redacted]”) to CMS on or about April 2, 2015.  At the time of the service transfer your loan was contractually current and due for the May 1, 2015 payment.  While CMS began servicing the loan on April 2, 2015, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition.  This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and complete post-transfer diligence and escrow analysis that are due within sixty days of the acquired date. 
 
Upon review, our records show that on May 27, 2015, an Escrow Analysis was completed.  This Escrow Analysis was completed as part of the post service transfer requirements mentioned above.  That same day CMS sent you an Annual Escrow Account Disclosure Statement (“AEADS”).  A copy is attached for your ease of reference.  The purpose of the AEADS was to advise you of your projected escrow activity for your escrow cycle beginning August 1, 2015 and ending July 31, 2016.   More specifically, the AEADS projected that your yearly county taxes would be $3,407.90, and your yearly homeowners insurance premium would be $840.94. Correspondingly, your total disbursements for your escrow cycle beginning August 1, 2015 and ending July 31, 2016 were calculated to be $4,248.84. The total projected escrow advances divided by twelve (12) equals $354.07 per month and represents the required escrow payment beginning August 1, 2015. 
 
In addition, please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds. Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two months of escrow payments) of the total annual projected escrow disbursements made during  a twelve-month escrow cycle, unless state law allows for a lesser amount. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].
 
In light of the above, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning August 1, 2015 and ending July 31, 2016. The maximum total escrow cushion that CMS may collect is $708.14. 
 
Please refer to the next section of the AEADS, below the Projected Escrow Activity from August 1, 2015 through July 31, 2016 and note the projected low point balance of -$350.34 for November 2015.  Looking at the next column for the same date under “Required”, please note that the low point balance should be $708.14 (1/6th cushion).  As such, CMS is collecting the        -$350.34 shortage and the $708.14 required low point balance, which added together, equals $1,058.48.  This escrow shortage is being collected over a twelve (12) month period starting with your August 1, 2015 payment, resulting in a monthly shortage collection in the amount of $88.20.  The following is a summary of the total payment amount beginning August 1, 2015.
 
Principal and Interest Payment                       $  729.78
Escrow Payment                                             $  354.07
Escrow Shortage                                            $    88.20
Total:                                                               $1,172.05
 
Your previous payment in the amount of $1,089.90 included a principal and interest payment in the amount of $729.78 and an escrow payment in the amount of $360.12.  Based on the current projected escrow advances of $4,248.84 and the required 1/6th cushion for the escrow account, your prior escrow payment would be insufficient and would result in an escrow shortage.
 
Solely as an expression of our commitment to the highest standards of customer satisfaction, CMS is willing to spread your escrow shortage over twenty-four (24) months instead of the current twelve (12) month spread. If you are interested in having your escrow shortage spread over twenty-four (24) months please call me directly at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time. Furthermore, please note that you also have the option to pay your entire escrow shortage in full. Per the most recent analysis, your escrow shortage is $1,058.48.   If you want to pay your entire escrow shortage, please call me at the aforesaid phone number so I may assist you with applying your payment to your account.
 
Additionally, if you cannot afford your new monthly mortgage payment, please know that CMS does offer various mortgage assistance programs. If you would like to explore the mortgage assistance opportunities that may be available to you, we encourage you to visit our website at [redacted] or call our Home Retention Department to speak with a representative at [redacted], Monday through Friday, from 7:00AM to 5:00PM, Pacific Time.
 
Based on the foregoing, we conclude that the annual escrow analysis and payment adjustment were completed in accordance with the established loan servicing policy and procedure for this VA-Guaranteed loan.  It is important to note that the annual escrow analysis is required by law, and payment adjustments may be required from time to time to ensure proper accounting of escrow funds and also to insure sufficient funds for projected advances for the payment of taxes and insurance.  Nevertheless, we acknowledge that during the period immediately after the transfer of the loans from BofA, CMS experienced an unusually high volume of calls. Consequently, although CMS strives to answer all customer calls promptly, customers calling CMS may have occasionally experienced infrequent hold periods longer than we prefer while waiting to speak with a CMS representative. Please know that CMS did everything in its power to speak with all customers and answer as many calls as possible within a reasonable timeframe. Nevertheless, CMS understands your frustration and we sincerely apologize for any inconvenience you may have experienced. Additionally, we believe that the underlying causes for the delays have been resolved and it is unlikely that you will experience similar wait times going forward. Once again, CMS sincerely apologizes for any inconveniences you may have experienced and we will continue to improve on our services in order to offer a better experience for all of our customers.
 
We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
 
Sincerely,
 
 
[redacted]
Customer Advocate
 
 
CC:  Revdex.com
 
 
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted].  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
 
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
 
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
 
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
 
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
 
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
 
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
 
 -NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted]3.

[redacted]
[redacted]
 
 
[redacted]
[redacted]
[redacted]  [redacted]
 
[redacted]      [redacted]            [redacted]
[redacted]                    [redacted]
[redacted]       [redacted]           Dear Mr. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on December 15, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry. As we understand your complaint, you claim that CMS should not have requested a property inspection or assessed the associated fee to your loan.  Upon review, our records show that on or about October 11, 2016, CMS was notified through a zip code report from the Federal Emergency Management Agency (“FEMA”) that your property was in an area FEMA had declared a disaster area due to severe storms.  On that same day the Property Preservation Department ordered a property inspection.  The property inspection was completed on or about November 15, 2016, and a fee in the amount of $15.00 was assessed to your loan.  We conclude that the property inspection was requested in accordance with the established policy and procedure for a loan identified as being in a FEMA declared disaster area; however, as you correctly point out, the fee in the amount of $15.00 should not have been charged to you because your loan was in a current status at the time.  Accordingly, CMS will remove the $15.00 property inspection fee as requested.  We would like to take this opportunity not only to sincerely apologize for any inconvenience that you may have experienced as a result of the fee being assessed to your loan, but also to thank for bring this matter to CMS’s attention.  CMS is always interested in how we may improve service levels, and your feedback is important.  We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. Sincerely,  [redacted]Customer Advocate CC:      Revdex.com  IMPORTANT DISCLOSURES  -INQUIRIES & COMPLAINTS-For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 3489, Anaheim, CA 92803, or by calling 1-800-561-4567.  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/. -IMPORTANT BANKRUPTCY NOTICE-If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. -CREDIT REPORTING-We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. -MINI MIRANDA-This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. -HUD COUNSELOR INFORMATION-If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at (800) 569-4287 or toll-free TDD (800) 877-8339, or by going tohttp://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor. -EQUAL CREDIT OPPORTUNITY ACT NOTICE-The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. -SCRA Disclosure-MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474. -NOTICES OF ERROR AND INFORMATION REQUESTS-You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489, Anaheim, CA 92803. NORTH CAROLINA:Carrington Mortgage Services, LLC is licensed under North Carolina Secure and Fair Enforcement Mortgage Licensing Act and holds North Carolina Agency Licenses with Permit Nos. 102107, 103455 and 112956 Main Office: 1600 South Douglass Road, Suites 110 & 200-A, Anaheim, CA 92806 / Branch Offices: 2100 E. 196th Street, Suites 100 & 200, Westfield, IN 46074 & 6200 Tennyson Parkway, Suite 210, Plano, TX 75024.