Carrington Mortgage Services LLC

December 7, 2015
[redacted]
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Dear Mr. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Better Business...

Bureau 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 state that you made multiple calls to the CMS Customer Service Department on Friday, November 13, 2015 in order to rectify an issue with your bank account that you were attempting to use to make your monthly payments online. You claim that the last Customer Service Representative you spoke with assured you the issue would be resolved and encouraged you to contact Customer Service on Saturday, November 14, 2015 from 8:00 AM to 12:00 PM, Eastern Time if you continued to experience any issues in making online payments. Nevertheless, you allege that you logged on to the CMS website on Saturday, November 14, 2015 and were unable to make your monthly payment. You also allege that you have used your checking account successfully with other institutions and your desired resolution is to be able to make your mortgage payments as you had previously done. You are also requesting that the late charge assessed in connection with the November 1, 2015 payment be removed.
We have completed a review of your loan and found that on October 14, 2015, you submitted a payment for $1,626.89 at 11:02:25 P.M. via the CMS website with an account number ending in 0739. Our records reflect CMS processed the payment the following business day on October 15, 2015 at 8:00:28 A.M. For your ease of reference, enclosed is a copy of the payment submitted via the CMS website for your review.
On October 20, 2015, CMS received notification from your financial institution that the ABA Routing or Checking Account Number was inaccurate when entered through the online website. Due to the notification received from your financial institution a temporary payment block was placed on your loan. The same day the Customer Service Department issued a notification advising you of the Notice of Change received from your financial institution. For your ease of reference, enclosed is a copy of the letter issued to you for your review.
In reviewing the last two web payments received by CMS on October 14, 2015 and November 23, 2015; the payment submitted on October 14, 2015 was missing the preceding zero (0) and the last number nine (9). While your financial institution was still able to process the October 14, 2015 payment, notification was received electronically by CMS that the checking account information provided was not accurate. For your ease of reference, enclosed is a copy of the payment secured on November 23, 2015 for your review.
On November 13, 2015, you contacted the Customer Service Department regarding the inability to make your November 1, 2015 payment. In reviewing the conversations with the CMS Customer Service Department, we confirm the Representatives validated your routing and checking account information with you. The Representatives advised you that an email would be submitted to our Cashiering Department to have the temporary payment block removed from your loan which would allow you to make your November 13, 2015 payment. We note the Representatives advised you the normal timeframe to remove the temporary payment block from your loan would be approximately twenty-four (24) hours.

In reviewing the final telephone conversation from Friday, November 13, 2015, we confirm the Representative advised you that the request to remove the temporary block from your loan had been submitted to our Cashiering Department. The Representative also advised you the CMS Call Center would be open from 8:00 AM to 12:00 PM on Saturday, November 14, 2015 should you run into any further issues when attempting to make your November 1, 2015 payment.
On November 14, 2015, our records indicate you logged into the CMS website at 7:07:22 A.M., Eastern Time and again at 5:29:04 P.M., Eastern Time and also show that you attempted to contact the CMS Customer Service Department via telephone. In our research, we found that since your loan was not greater than thirty (30) days delinquent, the automated phone system was unable to transfer you to speak with a representative. We apologize for any miscommunication provided by the Customer Service Representative from the day before and any inconvenience this may have caused you.
On Monday, November 16, 2015, you contacted the Customer Service Department as you were still unable to access the online payment option to make your November 1, 2015 payment. During the conversation with our Representative, the call was disconnected as the telephone system was temporarily shut down due to unexpected system issues. The same day our records indicate the Cashiering Department removed the block from your loan.
On November 23, 2015, our records indicate you logged on to the CMS website and were able to successfully make your November 1, 2015 payment for $1,626.89 using the checking account number ending in [redacted].
Based on the foregoing, we believe the record is clear that the banking account information you entered through the CMS website on October 14, 2015 caused the temporary payment block to be placed on your loan as it was missing two digits from your checking account number. Nevertheless, solely as an expression of our commitment to customer satisfaction, CMS has waived the November 1, 2015 late charge of $65.07. Lastly, it is also important to note that the Customer Service hours of operation have been updated on both our website and all billing statements to reflect the hours of operation are Monday through Friday, 8:00 AM to 8:00 PM, Eastern Time. Should you have any further questions or concerns regarding the administration of your loan, we encourage you to contact Customer Service at [redacted] for further assistance.
We trust 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, from 8:00 AM to 5:00 PM, Pacific Time.

Sincerely,
[redacted]
[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].

February 8, 2016
Sent via the Revdex.com Portal and U.S. Mail:
[redacted]
RE: Case Number: [redacted]
Loan 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”) and received in our office on January 12, 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 do not understand why CMS’s online payment website does not allow you to make additional payments to be applied to the principal balance of the loan. You state that on January 6, you learned that your December 31 payment for $500.00 was placed in an unapplied status instead of being applied towards your principal balance. On January 6, you allegedly spoke with five different individuals, including two supervisors, and requested that CMS apply the $500.00 to your principal balance. Instead, you claim that CMS applied the funds to your monthly mortgage payment due in February. You claim that a CMS representative advised you the funds were applied to a full contractual payment because you had about $800.00 in an unapplied status. After escalating the call to a supervisor, you were allegedly told this matter would not get escalated, that CMS would look into this, and that CMS would call you back. In addition, you would like to know why your monthly mortgage payment is going to increase from $560.00 to $612.00 beginning in February. Finally, you state that your December payment did not get posted to the loan and that you were unable to pay $2,000.00 towards your principal balance on December 31. You would like to receive an explanation about the purpose of the unapplied status bucket, the amount of funds currently being held in an unapplied status, and a breakdown of your escrow and total mortgage payment. You would also like your payments applied to the principal balance to reflect the date CMS received each payment.
At the outset, a review of our records found that this Federal Housing Administration (“FHA”) insured loan originated on or about April 16, 2009 for $65,786.00. Enclosed is the Note and Security Deed both dated April 16, 2009.
Unapplied Funds
The unapplied funds account, also known as a suspense account or unapplied funds bucket, is a temporary holding account that mortgage servicers use to temporarily hold funds until the mortgage servicer is able to determine how to allocate the funds. CMS typically uses the unapplied funds account to hold partial payments or excess funds that it receives from its borrowers. When a loan is contractually current and the next payment is not yet due, CMS will place any funds that it receives from its borrowers in an unapplied status. If CMS does not receive specific posting instructions for these funds, the payments are posted pursuant according to a payment hierarchy.
Payment Hierarchy
For FHA insured loans, payments that exceed the scheduled monthly payment amount are allocated pursuant to FHA’s payment posting hierarchy. Under the FHA payment hierarchy, funds are applied in the following order:
• Taxes and Insurance
• Principal and Interest
• Escrow Advances
• Late Charges
• Corporate Advances
• Fees
• Pay up to one payment ahead
• Principal curtailment
Changes to the Monthly Payment Amount
Pursuant to the terms of your Note and Security Deed, an escrow account was established from which payments for property taxes and homeowner’s insurance are paid by CMS on your behalf. If the cost of your property taxes and/or homeowner’s insurance changes, your escrow payments adjust accordingly. Thus, your total monthly payment is subject to change even when your monthly principal & interest payment does not increase.
When this loan transferred to CMS, you had a principal and interest payment of $368.38 and a monthly escrow payment of $240.20. Your total monthly mortgage payment was $608.58. A breakdown of your monthly payment at the time of the service transfer is as follows:
Principal & interest………………………………………………..$368.38
Base monthly escrow collection…………………………..……….$240.20
Total monthly payment…………………………………………....$608.58
As required by the Real Estate Settlement Procedures Act (“RESPA”), CMS completed the enclosed escrow analysis on September 23, 2014 with an effective date of November 1, 2014. The purpose of the escrow analysis was to advise you of your projected escrow activity for your escrow cycle beginning November 1, 2014 and ending October 31, 2015. The escrow analysis projected your annual city taxes at $304.89, your annual county tax at $715.40, your monthly FHA insurance payment at $27.11, and your hazard insurance premium for $963.00. The escrow analysis projected an escrow cushion of $165.27 and a low point escrow balance of $369.89. This resulted in an escrow surplus of $204.62, which CMS disbursed to you on or about September 23, 2014. Effective November 1, 2014, your monthly escrow payment decreased from $240.20 to $192.38. A breakdown of your monthly mortgage payment following the September 23, 2014 escrow analysis is as follows:
Principal & interest………………………………………….…….$368.38
Base monthly escrow collection…………………………..……….$192.38
Total monthly payment……………………………………………$560.76
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.
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 an escrow cycle over twelve months, unless state law allows for a lesser amount. When your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion. CMS does not include the disbursement of your yearly mortgage insurance premium in the collection of the 1/6th monthly escrow cushion amount. The escrow analysis projected a cushion of $165.27. 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].
Based on the calculations from the September 23, 2014 escrow analysis, your low point escrow balance was $165.27. The escrow surplus resulted due to the difference between the projected low point of $369.89 and the escrow cushion projected at $165.27.
On December 19, 2014, CMS completed the enclosed escrow analysis with an effective date of February 1, 2015. The escrow analysis projected disbursements for your annual city taxes for $304.89, annual county tax for $713.86, annual hazard insurance for $963.00, and your monthly FHA insurance payment for $27.11. The escrow analysis projected an escrow cushion of $165.14 and a low point escrow balance of $166.42, resulting in an escrow surplus of $1.28. CMS spread the escrow surplus of $1.28 over twelve months, reducing your monthly payment by $0.10.A breakdown of your monthly mortgage payment following the December 18, 2015 escrow analysis is as follows:
Principal & interest………………………………………….……..$368.38
Base monthly escrow collection…………………………..……..…$192.25
Monthly escrow surplus……………………………………………...-$0.10
Total monthly payment……………………………………………..$560.53
On December 18, 2015, CMS completed the enclosed escrow analysis with an effective date of February 1, 2016. The escrow analysis projected disbursements for your annual city taxes for $304.89, annual county tax for $712.34, annual hazard insurance for $1,123.00, and monthly FHA insurance payment for $26.56. In addition, the analysis projected an escrow shortage of $466.00. CMS spread the shortage over twelve months in order to reduce the impact on your monthly mortgage payment amount. A breakdown of your monthly mortgage payment following the December 18, 2015 escrow analysis is as follows:
Principal & interest………………………………………….……...$368.38
Base monthly escrow collection…………………………..……..….$204.91
Monthly escrow shortage collection………………………………....$38.83
Total monthly payment……………………………………………..$612.12
Based on the calculations from the December 18, 2015 escrow analysis, your low point escrow balance was -$109.30. As a result, in order to reach a low point escrow balance of $356.70, the allowed 1/6th escrow cushion, CMS needed to collect an escrow shortage in the total amount of $466.00. As indicated above, CMS will spread the shortage over twelve months in order to reduce the impact on your monthly mortgage payment amount, starting with your February 1, 2016 payment.
Please note that CMS will continue to notify you of any payment changes in writing. Each time CMS completes an escrow analysis, we will provide you with a copy of it via U.S. mail.
Payment Dispute
On or about December 31, 2015, CMS received your payment for $582.95. Of these funds, CMS applied $560.53 to your December 1, 2015 payment and applied $22.42 to late fees. On or about January 2, 2016, CMS received your payment for $500.00 and placed the funds in an unapplied status. Based upon a review of our online bill payment system, you selected the option to apply your $500.00 payment to “Other Amounts” instead of “Additional Principal”.
On January 6, 2016, you called CMS to determine if your payment for $500.00 was applied to principal. You advised CMS that you were unable to make additional payments to your principal balance through the online bill payment system. The CMS representative explained that you do have the ability to make your monthly mortgage payments and an additional payment to your principal or escrow balance via CMS’s online payment website after the monthly payment due date. If you want to make your monthly mortgage payment and an additional payment to your principal or escrow balance before the due date, please note that you are able to do so in two transactions.
In the first transaction, system limitations only permit you to pay the total amount due for the monthly mortgage payment. In the second transaction, which can be completed no sooner than the following business day, you may submit an additional payment towards your principal or escrow balance not to exceed the amount of $1,000.00 by entering that specific amount under the “other” category on the online payment website. Lastly, you also have the ability to make a payment towards your principal balance by mailing a personal or bill pay check not to exceed the amount of $10,000.00. If you want to make a payment towards your principal balance greater than $10,000.00, please make certain to send certified funds such as a money order or cashier’s check.
Since your December 1, 2015 payment was received on December 31, 2015, which is the last day of the month, you were unable to make an additional payment towards your principal balance through CMS’s online bill payment system. The CMS representative explained that you were unable to make additional payments towards principal because you made your payment for December 2015 on December 31, 2015. You would have needed to make your additional payment towards principal in the same month that your December 2015 payment was due. Thereafter, you requested to speak with a supervisor and then expressed your concerns to the supervisor about CMS’s online bill payment system’s limitations.
On or about January 7, 2016, CMS received your check for $650.00 dated December 31, 2015. Since your account now contained enough funds to apply your contractual payment due for January 1, 2016, CMS removed $500.00 from your unapplied funds account and used $60.53 from your check dated December 31, 2015 to make your January 1, 2016 payment for $560.53. CMS applied the remaining $589.47 to your February 1, 2016 payment. Please note that this amount was not the full contractual payment amount due for February 1, 2016.
On or about January 11, 2016, CMS received your check for $2,000.00 and correctly applied the funds towards your principal balance. The same day, you called CMS to discuss your payment increase. We are able to confirm that the CMS representative disconnected this telephone call because you would not refrain from directing profanity at the representative.
Shortly thereafter, you called back to CMS and requested to speak with a supervisor because the previous representative disconnected your telephone call. During this telephone call, the CMS representative under teller number [redacted] incorrectly advised you the unapplied funds balance contained an excess of $800.00. After your call was escalated to a supervisor, the supervisor submitted a request to reverse your payments and apply the funds to your principal balance. Before ending the call, the supervisor advised you to allow several business days for CMS to complete the reversal and reapplication of funds.
On or about January 12, 2016, you called CMS with additional concerns regarding the escrow shortage on the account. The first representative you spoke to determined that you needed to speak to an escrow specialist and proceeded to transfer you to the CMS Escrow Department. Once you were transferred, the CMS representative explained the escrow cushion to you. You then asked why CMS did not allocate the funds from the unapplied bucket to the escrow shortage. The CMS representative advised you that funds in unapplied could not be removed unless posting instructions specifically indicated how the funds should be applied. The representative also advised that there were currently no funds in your unapplied bucket and placed you on a brief hold to investigate the issue further. When she returned, the call was disconnected. You called back that same day and spoke to a different representative who attempted to explain the escrow shortage and lack of unapplied funds to you again. Prior to ending the call, the representative advised you she would put in a request to have $500.00 that was applied toward your February 2016 payment reversed and applied toward your principal balance. She further advised that her supervisor would research your concerns regarding the unapplied funds balance.
Please be advised that CMS looked into the issue of your unapplied funds balance as you were previously advised that you had in excess of $800.00 in the bucket. CMS is able to confirm that the representative you spoke with on January 11, 2016 incorrectly advised you of the unapplied funds balance and there are no funds in unapplied. We sincerely apologize for this error and the inconvenience it has caused you. However, per your request, CMS has reversed the $500.00 that was initially applied to your February 2016 payment and reapplied the funds to your principal balance effective January 19, 2016.
As of the date of this response, the loan is current and due for the March 1, 2016 payment. Based on the foregoing, we believe the record is clear that CMS has properly managed your escrow account and has been forthright during each communication with you. We trust that this communication addresses all of your concerns noted in the complaint. 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]
Customer Advocate
Enclosures:
Note and Security Deed both dated April 16, 2009
Escrow Analysis – September 23, 2014, December 19, 2014, December 18, 2015

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.
Within two hours of my complaint to the Revdex.com, my husband called Carrington and spoke with someone who apologized for the issue and ensured him that they put a note in the system stating that I had authorization to speak with them anytime they called. We both wish for the company to uphold this rather than not being truthful when he tells them repeatedly that I can speak with them. My name is on all the paperwork as by [redacted] law for the property that the mortgage is for, therefore, I should be able to speak with them when they call me.
Regards,
[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.
Complaint# [redacted] I received my reponse from Carrington Mortgage Services today, it is still incorrect. The interest charged amount charged at my payoff in July was for June and July,  but I paid interest on June 10th $563.60. Therefore I did not owe again June and July interest on July 8th, 15 payoff. I will fax a payment history copy to your fax # [redacted]. Thank you [redacted]. 
Regards,
[redacted]

July 2, 2015
ORIGINAL SENT VIA EMAIL: [redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]...

[redacted]
Dear Mr. & 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”) regarding the above referenced loan received in our office via email on June 8, 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 and that you received notification of the sale on April 23, 2015. You go on to say that CMS online account shows a balance due of $3,960.82 which includes your April 1, 2015 and May 1, 2015 payments. You allege that you paid your April 1, 2015 payment to [redacted] prior to the service transfer date. Also, you state that you called and sent emails to CMS asking for an update on your account and have yet to receive a response. Consequently, you want CMS to review your account, provide you with a current payment history, and to confirm your monthly mortgage payment amount.
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 due for the April 1, 2015 payment.
Based on a review of your loan, it appears that [redacted] sent you a Notice of Servicing Transfer (“Goodbye Letter”) on March 12, 2015. The Goodbye Letter was sent to your mailing address at [redacted]. For your reference, a copy of the Goodbye Letter is attached hereto as Exhibit “A”. Please note that [redacted] sent you the Goodbye Letter twenty-one (21) days prior to the effective date of service transfer and did properly notify you that CMS would be your new servicer effective April 2, 2015.
Moreover, CMS sent you a Notice of Servicing Transfer (“Hello Letter”) on April 6, 2015. The Hello Letter was also sent to your mailing address at [redacted]. For your reference, a copy of the Hello Letter is attached hereto as Exhibit “B”. The purpose of the Hello Letter was to advise you that CMS would start collecting your mortgage loan payments effective April 2, 2015 and to advise you that your prior servicer, [redacted], would no longer accept payments received from you after April 1, 2015.
Additionally, the Hello Letter made you aware that, pursuant to federal law, CMS would not assess any type of late fee or report any delinquency for the first sixty (60) days following the effective date of transfer. Also included in the Hello Letter was your new CMS account number, the address to submit the monthly mortgage payments, the address to our Customer Service Department, and the phone number to our Customer Service Department. Lastly, the Hello Letter also enumerated the various methods available to you for making a payment and it included the processing fee for each method (if applicable), instructions on how to complete your payment, and instructions on how to create your online account on CMS’s website.
Subsequently, CMS sent you a Notice of Sale of Ownership of Mortgage Loan (“NSOML”) on April 9, 2015. The NSOML was also sent to your mailing address at PSC 474 Box 8410, FPO, AP 96351. For your reference, a copy of the NSOML is attached hereto as Exhibit “C”. The purpose of the NSOML was to advise you, as required by federal law, that ownership of the mortgage loan had been sold, transferred or assigned to a new creditor. Moreover, the NSOML confirmed that your loan was sold on April 2, 2015 and that your new creditor was CMS.
Furthermore, the NSOML reminded you that CMS was also your new servicer and provided you with a contact number and a scope of responsibilities that CMS would handle. Specifically, you were made aware that CMS would handle the ongoing administration of your loan which would include receipt and processing of payments, resolution of payment-related issues, and answering any other inquires you may have regarding your loan. Additionally, the NSOML further explained that the transfer of the lien associated with your loan would be recorded in the public records of the local County Recorder’s office for the county or local jurisdiction where your property is located.
Please note that prior to the service transfer you paid your February 1, 2015 payment in the amount of $1,846.28 on January 2, 2015. Of that amount, $1,800.94 was applied to your monthly payment and $45.34 was applied towards your principal balance. On February 2, 2015, you made a payment in the amount $1,846.28 and your prior servicer applied it towards your principal balance and not towards your March 1, 2015 payment.
On March 2, 2015 you made a payment in the amount of $1,846.28 and your prior servicer applied it to your unapplied funds credit account. The reason your payment was applied to your unapplied funds credit was because the total amount due for the March 1, 2015 payment was $1,946.87. Attached hereto as Exhibit “D” please find the Annual Escrow Account Disclosure Statement sent by your prior servicer confirming your March 1, 2015 payment amount.
Thereafter, on April 1, 2015 you made a payment in the amount of $1,846.28. Please note that your payment was short and that your prior servicer applied $100.59 from your unapplied funds credit balance to complete your March 1, 2015 payment in the amount of $1,946.87. Then, on May 13, 2015 our records indicate CMS received a payment in the amount of $1,946.87 and that it was applied to your April 1, 2015 payment. On June 10, 2015 you made a payment in the amount of $1,946.87 and it was applied to your May 1, 2015 payment.
Furthermore, please note that on May 8, 2015 our office received your email asking for CMS to update its payment history records. Please note that your email failed to provide an account number or a phone number. Nevertheless, in an attempt to further assist you; your email was forwarded to our Customer Service Department to contact you directly. Consequently, on May 11, 2015 a Customer Service Department representative attempted to call you and was unable to speak with you using the phone numbers we have on record.
As of the date of this letter, your loan is due for the June 1, 2015 and July 1, 2015 payments in the amount of $3,949.16. Please note that of the total amount due, $67.08 is due in late charges and $20.00 in uncollected fees. In addition, you have an escrow balance in the amount of $1,169.46 and an unapplied funds credit in the amount of $1,745.69. For your records, attached hereto as Exhibit “E” please find a twenty-four (24) month payment history along with the transaction codes and definitions for your review.
Also, effective July 1, 2015 your new payment is $1,915.21. For your reference, attached hereto as Exhibit “E” please find a copy of the Annual Escrow Account Disclosure Statement (“AEADS”). Please note that CMS sent you the AEADS on May 8, 2015 to your mailing address at [redacted].
Once you receive this correspondence, please contact me directly at [redacted] or via e-mail at [redacted] so we may discuss whether it was your intention to apply your February 2, 2015 payment in the amount $1,846.28 towards your principal balance. Please note that CMS does have the ability to reverse the February 2, 2015 transaction and reapply all payments as of the date that your prior servicer or CMS received them.
We acknowledge that, during the period immediately after a recent transfer of loans, 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.
As always, 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]. Lastly, if you wish to learn more about the additional services available at CMS please visit our website at [redacted] to obtain that information.
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 [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 14, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Co-borrower: [redacted]
Property Address: [redacted]...

[redacted]
Dear Mr. & 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 July 20, 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 and were on hold for over fifteen (15) minutes. Additionally, you state that your taxes are paid in December of each year and not in November as projected by CMS. Therefore, you want CMS to reanalyze your escrow account and cease any attempts to collect an escrow cushion.
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, our records indicate that on May 1, 2015 CMS analyzed your escrow account and sent you an Annual Escrow Account Disclosure Statement (“AEADS”). For your reference, please find attached hereto as Exhibit “A” a copy of the May 1, 2015 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 $4,583.07, your yearly special taxes would be $2,194.15, your yearly homeowners insurance premium would be $1,475.00, and that your yearly mortgage insurance premium would be $1,049.64. Correspondingly, your total disbursements for your escrow cycle beginning July 2015 and ending June 2016 were calculated to be $9,301.86.
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 $1,375.36.
Based on the calculations from the May 1, 2015 AEADS, your low point escrow balance is $-1,381.41. As a result, in order to reach a low point escrow balance of $1,375.36, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $2,756.77. Please note that your escrow shortage will be 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 increased from $1,963.79 to $2,236.84.
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 $2,756.77. 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.
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 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]. Please note that by accessing your online account you will be able to view your monthly mortgage statements more quickly than waiting for a physical copy to arrive in the mail.
Also, CMS researched your concern relating to your county and special taxes being paid in December of each year and not November as projected by CMS. As it turns out, CMS’s policy is to pay county, city, or special taxes twenty-eight (28) days prior to the due date. This is done to allow ample time for the payment to be received and processed on or before the due date in an effort to prevent any unnecessary penalties or county/city liens against the property.
In closing, we acknowledge that during the period immediately after the transfer of the loans from [redacted], 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.
As a result of our investigation we find no evidence of wrongdoing on CMS’s behalf. 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.
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 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]
[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 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 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].
TEXAS:
Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, [redacted]. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT [redacted].

January 14, 2016
ORIGINAL RESPONSE SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: MLD Loan No.: [redacted]
Complaint No.: [redacted]
Property Address: [redacted]
Dear Mr. & 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 December 14, 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 transferred from [redacted] (“[redacted]”) to CMS. Shortly thereafter, you state that a CMS representative contacted you in regard to refinancing options. You go on to say that you submitted a loan application on or about September 2015 and that CMS has postponed the closing date on more than one occasion. Also, you state that the loan officer advised you to not pay your November 2015 mortgage payment and that your account became delinquent. Consequently, your desired resolution is for CMS to approve your loan application, waive any late fees assessed on your account, and remove any negative delinquencies that may have been reported to the credit bureaus as a result of the loan application process.
As a preliminary matter, our records indicate that you returned the signed disclosures and intent to proceed with the loan application on or about September 28, 2015. Please note that your loan application was sent to processing on October 15, 2015. Per the system notes, the original closing date was scheduled for October 28, 2015 and our records indicate that the notary inadvertently printed incorrect documents and failed to provide all required documents to CMS to finalize the closing. As a result of this inadvertent error, the original closing date had to be postponed.
Thereafter, on November 10, 2015 our records indicate that you signed a second set of closing documents and that [redacted] lost the documents while in transit to our office. Please note that a CMS representative spoke with a [redacted] representative who confirmed that the package was found and returned to you on or about December 2, 2015. Once again, CMS was unable to close because of the missing documentation. As a result, on December 8, 2015 our records confirm that CMS sent you a reimbursement check in the amount of $896.00 which is equivalent to the amount you had provided our office for the closing costs. Our records further confirm that the reimbursement check was deposited and cleared on December 14, 2015. For your reference, attached hereto as Exhibit “A” please find a copy of the cleared reimbursement check, number [redacted], in the amount of $896.00.
That said, solely as an expression of our commitment to the highest standards of customer satisfaction, CMS agreed to waive the late fee assessed on your account for the November 2015 payment in the amount of $35.84. Moreover, CMS also updated the November 2015 mortgage payment on your credit report with all major credit reporting bureaus ([redacted], and [redacted]). For your reference, attached hereto as Exhibit “B” please find a copy of the Automated Universal Data (“AUD”) form that we submitted to the credit bureaus on December 15, 2015.
As of the date of this correspondence, our records indicate that once the credit reporting bureaus update your credit report, CMS will be able to proceed with your loan application. Please do allow for up to thirty (30) days for the credit reporting bureaus to update and correct your credit report.
In closing, CMS understands your frustration and we sincerely apologize for any perceived unprofessional or uncooperative customer service you believe you may have received due to the delay in closing the loan. Rest assured that CMS is doing everything in its power to prevent any similar reoccurrences.
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, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com

Hello!           I would like to amend my complaint and request that I receive a letter from Carrington Mortgage Services, LLC which states that all of my mortgage payments (April and May 2015) have been received and are not late.         ...

 I would also like to let the Revdex.com know that I attempted to contact Carrington Mortgage Services, LLC this afternoon and was not able to access customer service because their automated system no longer recognized the last four digits of my Social Security number.  I attempted to call several times, using my land line and cell phone, and was denied access each time.  I was able to access the system just a few days ago without incident, and my Social Security number has certainly not changed.            Please help us -- again, refer to the many pages on Consumer Affairs of people who have had the same issues with this dishonest company.  Some have lost their homes, and now that I've received two certified letters stating I will be forclosed upon on June 10th 2015 when I've never missed a payment, I can see how they can strong-arm someone who is afraid to fight them.  I am NOT afraid of them and am willing to do whatever I need to do to protect my home and family.             Also, I do not know if I mentioned this in my original complaint, but I did contact their customer service via e-mail and have yet to receive a response as well.                             [redacted]

May 17, 2017    
[redacted]
[redacted]
[redacted]
[redacted]  [redacted]   RE:      Complaint No:            [redacted]        Loan No.: ...

                  [redacted]          Borrowers:                  [redacted] and [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 April 28, 2017.  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 your home was damaged by hail.  You go on to say that CMS has disbursed 2/3 of the initial insurance loss claim check, and an additional check for depreciation is to be issued by the insurance company when all the repairs are completed and billed.  You claim you are unable to complete the repairs to your home because CMS is refusing to disburse the final 1/3 of the claim funds, and also claim that CMS is forcing you to hire contractors to perform repairs that you can complete at less cost by yourself.  You indicate that the repairs need to be completed because one of your windows is leaking.  You also state that you have called CMS numerous times to discuss this matter.  Your desired resolution is for CMS to disburse the final 1/3 of the insurance proceeds so that you can finish the repairs to the property.   As a preliminary matter, please note that our Customer Advocate Department originally received a complaint from you on March 10, 2017 filed with the Consumer Financial Protection Bureau (“CFPB”) which raises the exact same issues as this current complaint.  Accordingly, CMS researched the loan and a response was sent via the CFPB portal on April 27, 2017.  Please note that on this same date a copy of our response was also sent to you via regular mail.  For your ease of reference, attached hereto please find a copy of CMS’s response dated April 27, 2017.   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 we take all legitimate complaints regarding the conduct of our business very seriously.  Although we understand you are not pleased with the outcome, the 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 provide you with an update of the events that have taken place since our last response in this matter.   As indicated in our prior response dated April 27, 2017, the repairs to your property were showing 60% completed.  On May 1, 2017 you called SWBC and during this call the SWBC representative confirmed that a property inspection had been scheduled for May 2, 2017, and that SWBC had received the required bid and W9 from the contractor (Gladys Arroyo of Gladeu’s Painting).  The records show that the property inspection was completed as scheduled.   On May 4, 2017, CMS received the inspection report which showed the repairs to the property were 65% complete.  On or about May 10, 2017, an SWBC representative called Gladeu’s Painting and verified the bid to complete repairs was $3,100.00.  During this call the contractor agreed to start the repairs with a payment in the amount of $1,550.00, and the balance of $1,550.00 due upon completion.  That same day, an SWBC representative called Mr. [redacted] and informed him of the agreement with the contractor, and Mr. [redacted] was very pleased with this arrangement.    Accordingly, on May 11, 2017 the check request in the amount of $1,550.00 was approved, and on May 12, 2017 check number 40022939 was sent to you via UPS two (2) day air.  The SWBC representative called Mr. [redacted] on May 12, 2017 to inform him that the check was forthcoming and also provided the tracking information.  Once again, Mr. [redacted] expressed he was very pleased with the service by SWBC in this matter.   Based on the foregoing, we believe the record is clear that CMS complied with all applicable laws and regulations regarding the servicing of your loan and in accordance with the established Loss Draft policies and procedures.  Unfortunately, due to the delinquent status of your loan, CMS is unable to allow you to act as your own general contractor.  As always, 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.  Please be advised that CMS denies, generally and specifically, all claims and allegations of wrongdoing contained in your correspondence.   We again respectfully suggest that all of the concerns noted in the complaint have been fully addressed.  If you have any further questions, please contact the undersigned at ###-###-####, 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 ###-###-####.  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 ###-###-#### or toll-free TDD ###-###-####, or by going to http://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 ###-###-####.   -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 ###-###-####, 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.   COLORADO: For Colorado Residents:  [redacted]
[redacted]
[redacted] ###-###-####

November 7, 2016
[redacted]
F/K/A [redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Ms....

[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 via email on October 19, 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 you are currently in the process of refinancing your loan with CMS’s Mortgage Lending Division. You claim that the loan officer assisting you with the refinance told you not to make your September 1, 2016 and October 1, 2016 mortgage payments. You also claim that you were told that CMS would waive any late charges assessed in September 2016. You state that on September 16, 2016, you attempted to make your September 1, 2016 payment via CMS’s online payment system but that payment was returned unpaid due to incorrect information being entered into the online payment system. On September 29, 2016, you again accessed CMS’s online payment system and attempted to make your September 1, 2016 payment but that payment was also returned unpaid for the same reason as outlined above. You express dissatisfaction with the level of customer service you received from CMS and that CMS representatives have been rude to you when discussing the returned payments.
At the outset, please note that the servicing of your existing Federal Housing Administration (“FHA”) insured loan was transferred from Bank of America N.A. (“BANA”) to CMS on April 2, 2015. On April 6, 2015, CMS issued a Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. At the time of the service transfer your loan was contractually current and showing due for the April 1, 2015 mortgage payment.
A review of our records shows that on August 17, 2016, you initiated a FHA Streamline refinance process with a loan officer within CMS’s Mortgage Lending Division. Over the following weeks CMS continued to work with you in an effort to meet your refinance needs. CMS would like to take this opportunity to clarify that CMS does not direct borrowers not to make mortgage payments. While CMS loan officers may explain the closing process, including whether a loan is scheduled to close before or after a due date on the loan that is being paid off, such explanations should never be interpreted as direction not to make timely payments that are due under an existing contract.
In fact, when CMS begins the financing process, borrowers are required to sign the attached Notice Regarding Loan Payment explaining that timely payment of your current mortgage is important. This Notice informed you that that “No matter how fast your refinance process may be taking place, your current mortgage payment must be made on-time to prevent any late payments from being reported on your credit report.” As you can see, you acknowledged reading this notice and indicated that you understood the notice by electronically signing this disclosure on August 19, 2016.
We would like to take this opportunity to remind you that all payments are due on the first day of each month as outlined under Section Four of your attached Promissory Note. If the payment is not received by CMS on or before the sixteenth day of the month, a late fee 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.
Our records show that on September 16, 2016, you accessed CMS’s Loan Servicing Website (“LSW”) and initiated an online mortgage payment in the amount of $1,583.83 to pay your September 1, 2016 mortgage payment. CMS is able to confirm that you provided a routing number directing CMS to debit a checking account held with Oregon Community Credit Union which contained a total of twelve digits. Accordingly, CMS applied the $1,583.83 to your September 1, 2016 mortgage payment that same day.
On September 20, 2016, your September 1, 2016 payment was returned unpaid because Oregon Community Credit Union was unable to locate an account with the banking information you provided during the September 16, 2016 online payment transaction. Accordingly, the $1,583.83 was reversed from your loan bringing your loan due for the September 1, 2016 mortgage payment. Because your September 1, 2016 mortgage payment was not successfully paid on or before the sixteenth day of that month, a late charge in the amount of $64.81 was permissibly assessed to your loan. On September 21, 2016, CMS sent the attached letter to you notifying you of the returned payment.
On September 28, 2016, during the course of reviewing your refinance request, the CMS loan processor identified that your September 1, 2016 mortgage payment was not yet paid. The loan processor notified your loan officer of that fact and requested that you be reminded to make your September 1, 2016 payment. In your complaint, you acknowledge that on September 29, 2016 the CMS loan officer notified you that if you did not make your September 1, 2016 mortgage payment by the end of that month, your payment would be reported as being thirty days late.
Later on September 29, 2016, you accessed CMS’s LSW and processed a payment in the amount of $1,584.00. During this online transaction, you provided a routing number directing CMS to debit a checking account held with [redacted] which contained a total of nine digits. The nine digit checking account number you provided during this transaction ended with 260. Accordingly, CMS applied the $1,584.00 to your September 1, 2016 mortgage payment of $1,583.83 with the remaining $0.17 being applied towards your outstanding late charge balance that same day.
On October 4, 2016, your September 1, 2016 payment was returned unpaid because [redacted] notified CMS that the checking account number you provided during the September 29, 2016 online payment transaction was invalid. Accordingly, the $1,584.00 payment was reversed from your loan bringing your loan again due for the September 1, 2016 mortgage payment. On October 5, 2016, CMS sent the attached letter to you notifying you of the returned payment. On or about October 10, 2016, CMS appropriately notified the credit reporting agencies that CMS was not in receipt of your September 1, 2016 payment within the same month that the payment became due.
On October 13, 2016, you accessed the LSW and processed a payment in the amount of $1,584.00 to replace the September 1, 2016 mortgage payment. During this online transaction, you provided a routing number directing CMS to debit a checking account held with [redacted] which contained a total of ten digits. The ten digit checking account number ended with 2604. Accordingly, CMS applied the $1,584.00 to your September 1, 2016 mortgage payment of $1,583.83 with the remaining $0.17 being applied towards your outstanding late charge balance that same day.
On October 14, 2016, you again accessed CMS’s LSW and processed payment in the amount of $1,663.26 which was applied to your October 1, 2016 mortgage payment in the amount of $1,599.91, $63.35 was applied to the outstanding late charge, and the remaining $0.17 was applied towards your principal balance. Our records show that neither of these payments was returned unpaid from your banking institution; however, on October 18, 2016 your banking institution notified CMS that you again entered incorrect information within the October 13, 2016 online payment transaction.
Because your banking institution was able to identify your checking account with the information you provided in that transaction, the payment was honored by your banking institution even though you had entered incorrect banking information. On October 18, 2016, CMS issued you the attached letter notifying you that you provided CMS with incorrect banking information and that it would be necessary for you to contact your banking institution to confirm the information you recently used. Please be advised that your LSW access was blocked until you contacted CMS as outlined within the attached October 18, 2016 letter.
Most recently, CMS received a payment from you in the amount of $1,584.00. These funds were applied to your November 1, 2016 mortgage payment with $1,152.77 being applied to principal and interest payment and the remaining $431.23 being applied to your escrow account. Attached for your review is a copy of your loan payment history as well as a copy of the loan servicing system payment codes and definitions.
On November 4, 2016, I personally contacted you and outlined the specific details surrounding the payments that were returned by your banking institutions. We verified the correct routing and checking account numbers and based on that information, CMS has unlocked your online account access. I explained that CMS was still investigating the concerns you raised regarding being told not to make mortgage payments, and I encouraged you to send any supporting information to my attention. Later on November 4, 2016, additional information regarding the email communications with CMS’s Mortgage Lending Division was received from you. The pertinent email communication you provided from the CMS loan officer was dated August 31, 2016.
Please be advised that a preliminary review of the communication you sent to CMS does not indicate that you were told not to make the September 1, 2016 mortgage payment; rather, the communication encourages you to hold off on making the September 1, 2016 mortgage payment at that time. CMS would like to point out that as of the date of that communication your September 1, 2016 mortgage payment had not yet become due.
In our November 4, 2016 conversation, you stated that you were certain the information you provided while processing the online mortgage payment transactions was accurate before you submitted the payments. Based upon this statement, I notified you that I was unaware of any systemic issue with the online payment system that would have caused a digit to be removed from a checking account number. Since our telephone conversation, I have further confirmed that CMS’s LSW experienced no such systemic issue with its online payment system.
It is important to note that 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. Based upon the information you have provided in your complaint, 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 at this time.
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.
Finally, a review of our records shows that multiple CMS representatives were professional and polite to you while working to assist you with your and to explain the reasons that your online payments were returned from your banking institution. We have confirmed that the information provided to you in connection with these returned payments was accurate. Nevertheless, we sincerely apologize if the level of customer service you received from CMS did not meet your expectations.
Based on the foregoing, we believe the record is clear that incorrect banking information was entered into CMS’s online payment system causing your September 1, 2016 mortgage payment to be returned on two separate occasions. It is also clear that CMS formally notified you of the importance to remit timely payments to CMS as evidenced by your signed Notice Regarding Loan Payment disclosure. While CMS will continue to investigate whether you were directed not to make mortgage payments or whether you were told that CMS would waive late fees, our investigation is unable to locate evidence of such communication at this time. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] 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 [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern 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, [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].

June 15, 2015
 
 
[redacted]
 
RE:      Loan No.:                    [redacted]
Complaint ID No.:     ...

[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 May 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 state that on March 2, 2015, your property suffered water damage due to frozen pipes.  You go on to state that you filed a claim with your insurance company and upon receipt of the claim check it was endorsed and forwarded to CMS along with an affidavit that stated 90% of the repairs had been  completed.  You further state that you did hire a licensed plumber to complete repairs; however, you decided to do the rest of the work yourself because the work was cosmetic and to save cost.  During the repair process, you paid for the plumber, materials and supplies out of pocket; however, you were unable to complete the final repairs needed due to lack of funds.  You claim you requested to speak to the CMS Loss Draft Department to no avail. You explained to CMS that you had used the mortgage payment funds to complete repairs to the property to make it habitable and plan to bring the loan current as soon as the insurance claim funds are released.  However, you have been unsuccessful in obtaining approval from CMS to release the insurance claim funds to you.
 
Upon review, our records show that this loan was reinstated from foreclosure action on February 27, 2015 and paid through February 1, 2015 and next due for the March 1, 2015 payment. 
   
On May 8, 2015, CMS received a claim check from your insurance company, [redacted] in the amount of $8,907.66 for water damage to the property.  As the loan was over thirty (30) days delinquent, the funds were placed in an escrow account to monitor repairs.  On May 18, 2015, you contacted CMS and during this call you spoke the CMS Loss Draft department who explained the loss draft requirements in order to have the insurance claim funds released for payment of repairs.  In addition, an inspection of the property was requested that same day.  On May 19, 2015, CMS sent you a letter that outlined the insurance claim release funds procedure and requirements for release of funds.  On May 26, 2015, you contacted the CMS Loss Draft department and during this call you indicated that you had not received our letter dated May 19, 2015, which outlined the requirement for release of funds, and also stated that you had not heard from the inspector in order to schedule the required inspection.  The CMS Loss Draft representative explained what was needed and also sent you a copy of this letter via email.  In addition, CMS informed you that we would follow up on the requested inspection and would request to expedite completion. 
 
On June 3, 2015, CMS Loss Draft department received the inspection report which indicated repairs were 100% complete.  On that same day, CMS released the total insurance claim funds in the amount of $8,907.66 and a copy of the letter is attached for ease of reference.
 
Based on the foregoing, we conclude that CMS has properly serviced the loan, and followed the established policies and procedures for the handling of a loss draft claim.  In addition, CMS responded to you promptly upon receipt of your insurance draft check and also released the claim funds immediately upon receipt of the completion report. 
 
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 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].
 
New York:
New York City Department of Consumer Affairs License Number 1264739
 
This Collection agency is licensed by the City of Buffalo license numbers: 555177 & 555176
 
For New York residents: You may file complaints about CMS with the New York State Department of Financial Services. You may obtain further information from the New York State Department of Financial Services by calling the Department’s Consumer Assistance Unit at [redacted] or by visiting the Department’s website at [redacted]. Carrington Mortgage Services, LLC is registered with the Superintendent of the New York State Department of Financial Services.

Please see the attached Response Letter and all Supporting Documentation. Tell us why here...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 October 12,...

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 although you inaccurately submitted two payments via CMS's Loan Servicing Website (“LSW"), CMS failed to contact you regardingyour error. You continue by stating that you were only made aware of the error when you received a Notice of Intent to Foreclose (“NOI") from CMS. Your desired resolution is for CMS to provide you with a response stating that the payments that you submitted inaccurately are now posted correctly on your loan and that your credit report does not reflect any late payments for the months of April 2016, May 2016, and June 2016.As a preliminary matter, the servicing rights to your loan were transferred from [redacted] to CMS on April 2, 2015 contractually current and due for the April 1, 2015 mortgage payment in the amount of $633.30. At the time of the service transfer, your loan was contractually current and due for the April 1, 2015 mortgage payment in the amount of $633.30.  Additionally, we note here that your loan transferred to CMS with a late fee balance of $220.77 as confirmed by your prior servicer.Please note that in accordance with the Real Estate Settlement Procedures Act (“RESPA), CMS does not impose late fees or other penalties during the sixty day period beginning on the date of transfer. Also, CMS temporarily suppressed credit reporting for sixty days beginning on April 2, 2015, in compliance with RESPA. As a reminder, your payments are due on the first (1) day of each month and are considered late as of the second (2") day of the month. If the payment is not received by CMS on or before the sixteenth (16th) day of the month, a late fee will be assessed to your account. Also, any payment received by CMS after the month in which the payment became due may be reported to the credit reporting bureaus as delinquent.On April 20, 2015, CMS received a payment in the amount of $633.30 for your April 1, 2015 mortgage payment.On May 13, 2015, CMS received a payment in the amount of $650.00 for your May 1, 2015 mortgage payment, which was due in the amount of $633.30. The difference between the amountpaid and the amount due, $16.70, was applied to late fees which reduced your late fee balance from $220.77 to $204.07.Please be advised that RESPA also requires that an escrow analysis be completed within sixty days following the effective date of a service transfer. As a result, an escrow analysis was to be completed on or before June 2, 2015. Furthermore, it is important to understand that the analysis of your escrow account does not impact the interest rate of 6.00% or the monthly principal and interest payment in the amount of $448.61. At the time of the service transfer, your loan reflected a principal and interest payment in the amount of $448.61 and an escrow payment in the amount of $184.69 for a total monthly payment in the amount of $633.30.In observance of the RESPA escrow analysis requirement previously mentioned, CMS performed an escrow analysis on or about May 20, 2015. Pursuant to this escrow analysis, your projected escrow disbursement for your escrow cycle beginning July 1, 2015 and ending June 30, 2016 was calculated to be $2.275.88. More specifically, the escrow analysis projected that your yearly homeowners insurance premium would be $870.48; your yearly mortgage insurance premium would be $312.72; and that your yearly property tax would be $1,092.68. Correspondingly, your total disbursements for your escrow cycle beginning July 1, 2015 and ending June 30, 2016 were calculated to be $2,275.88, which if spread over a twelve month period is equal to approximately $189.65 every month.Additionally, 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 an escrow cushion in case payments due for such items exceed available funds.Specifically, 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 an escrow cycle over twelve months, 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].Therefore, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning July 1, 2015 and ending June 30, 2016. Please note that CMS will only collect a 1/6th escrow cushion of your total projected escrow disbursement for your yearly homeowners insurance premium and your yearly property taxes. Please note that CMS does not include the disbursement of your mortgage insurance premium in the collection of the 1/6th escrow cushion. Correspondingly, the total escrow cushion that CMS may collect is $327.18, which represents two months of escrow payments.Based on the calculations from the May 20, 2015 escrow analysis, your low point escrow balance was $57.85. As a result, in order to reach the required escrow balance of $327.18, the 1/6th escrow cushion, CMS needed to collect an escrow shortage in the total amount of $269.33. Please note that your escrow shortage was spread over a twelve month period starting with your July 1, 2015 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment increased by $27.40, from $633.30 to $660.70.On June 19, 2015, CMS received a payment in the amount of $640.00 for your June 1, 2015 mortgage payment in the amount of $633.30. For your reference, the remainder, $6.70, was applied to late fees which reduced your late fee balance from $204,07 to $197.37.On July 24, 2015, CMS received a payment in the amount of $670.00 for your July 1, 2015 mortgage payment in the amount of $660.70. For your reference, the remainder, $9.30, was applied to late fees which reduced your late fee balance from $197.37 to $188.07.Please note that because your July 1, 2015 mortgage payment was received outside of the grace period, a late fee in the amount of $26.42 was assessed to your loan which increased your late fee balance from $188.07 to $214.49.On July 24, 2015, CMS performed an annual escrow analysis. It is important to understand that CMS reanalyzed the escrow account pursuant to the regular escrow analysis schedule for that state. For the State of Ohio, CMS performs an escrow analysis on July of each year. During the July 24, 2015 escrow analysis, your projected escrow disbursement for your escrow cycle beginning September 1, 2015 and ending August 31, 2016 was calculated to be $2.267.82. More specifically, the escrow analysis projected that your yearly homeowners insurance premium would be $870.48; your yearly mortgage insurance premium would be $304.68; and that your yearly property taxes would be $1,092.66. Correspondingly, your total disbursements for your escrow cycle beginning September 1, 2015, and ending August 31, 2016 were calculated to be $2,267.82, which if spread over a twelve month period is equal to approximately $188.98 every month.Consequently, based on the calculations from the July 24, 2015 escrow analysis, your low point escrow balance was $104.10. As a result, in order to reach the required escrow balance of $327.18, the 1/6th escrow cushion, CMS needed to collect an escrow shortage in the total amount of $223.08. Please note that your escrow shortage was spread over a twelve month period starting with your September 1, 2015 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment decreased by $4.52, from $660.70 to $656.18.On August 17, 2015, CMS received a payment in the amount of $670.00 for your August 1, 2015 mortgage payment in the amount of $660.70. For your reference, the remainder, $9.30, was applied to late fees which reduced your late fee balance from $214.49 to $205.19. We note here that although your payment was applied on August 17, 2015, CMS credited your payment with an effective date of August 15, 2015 which is the date that we received your payment.On September 28, 2015, CMS received a payment in the amount of $660.00 for your September 1, 2015 mortgage payment in the amount of $656.18. For your reference, the remainder, $3.82, was applied to late fees which reduced your late fee balance from $205.19 to $201.37. Again, because your payment was received outside of the grace period, a late fee in the amount of $26.24 was assessed to your loan which increased your late fee balance from $20.1.37 to $227.61.On October 24, 2015, CMS received a payment in the amount of $670.00 for your October 1, 2015 mortgage payment in the amount of $656.18. For your reference, the remainder, $13.82, was applied to late fees which reduced your late fee balance from $227.61 to $213.79. Again, because your payment was received outside of the grace period, a late fee in the amount of $26.24 was assessed to your loan which increased your late fee balance from $213.79 to $240.03.On November 18, 2015, CMS received a payment in the amount of $680.00 for your November 1, 2015 mortgage payment in the amount of $656.18. For your reference, the remainder, $23.82, was applied to late fees which reduced your late fee balance from $240.03 to $216.21. Again, because your payment was received outside of the grace period, a late fee in the amount of $26.24 was assessed to your loan which increased your late fee balance from $216.21 to S242.45.On December 28, 2015, CMS received a payment in the amount of $670.00 for your December 1, 2015 mortgage payment in the amount of $656.18. For your reference, the remainder, $13.82, was applied to late fees which reduced your late fee balance from $242.45 to $228.63. Again, because your payment was received outside of the grace period, a late fee in the amount of $26.24 was assessed to your loan which increased your late fee balance from $228.63 to $254.87.For your reference, CMS made several attempts to contact you via telephone from August of 2015 through December of 2015 to no avail. Additionally, during this time period, CMS sent you a No Contact Letter each of these months advising you that your mortgage payment had not been received. The letter also stated that late payments, missed payments, or other defaults on your account may be reflected in your credit report. We note here that CMS did not receive any calls in response to the No Contact Letters that were sent to your attention.Upon further review, our records indicate that from January of 2016 through March of 2016, CMS received your mortgage payments via our LSW within the grace period. Additionally, the mortgage payments received for the aforementioned months included additional funds above the regular monthly mortgage payment of $656.18, for a total in the amount of $21.69. These funds were applied to your late fees which reduced your late fee balance from $254.87 to $233.18.On April 15, 2016, you authorized your April 1, 2016 mortgage payment via our LSW in the amount of $660.00. Regrettably, your mortgage payment was returned unpaid due to “account not found. More specifically, during your April 15, 2016 LSW payment transaction, you identified the bank account number you entered as a checking account. We note here that in your subsequent, successful LSW payment transaction on May 10, 2016, you identified your bank account number as a savings account. Resultantly, that is the reason why CMS was unable to locate your account when we attempted to debit your April 1, 2016 mortgage payment using the account information you entered during the April 15, 2016 LSW payment transaction. Attached for your review is a screenshot of the April 15, 2016 mortgage payment that you authorized via the LSW, as well as a screenshot of the mortgage payment that you authorized on May 10, 2016.Please note that after a customer submits a payment via the LSW, a confirmation page is displayed memorializing the transaction. We also note that the confirmation page that the LSW displayed does not confirm the accuracy of the information provided by the user, but only confirms that the system has received the information submitted. Therefore, it is the user's responsibility to ensure that the information entered into the LSW is accurate and correct prior to submitting a payment for processing. CMS is not responsible for any inadvertent input error that is caused by the user.On April 22, 2016, you contacted CMS via the online chat feature on the LSW. During that conversation you requested to be contacted at the cell phone number of (740) 808-6547. After updating your contact information with the online representative, you were informed that the payment that you authorized on April 15, 2016 was returned due to inaccurate account information that was entered on the LSW. In response, you requested to have the late fee that was assessed to your loan waived. The representative responded by stating that because the payment that you authorized on April 15, 2016 was not returned unpaid due to an error caused by CMS, the late fee would not be waived.That same day, you authorized your April 1, 2016 mortgage payment via our LSW in the amount of $660.00. Regrettably, your mortgage payment was again returned unpaid due to “account not found.” More specifically, you again identified the bank account number you entered as a checking account. Resultantly, CMS was again unable to locate your account when we attempted to debit your April 1, 2016 mortgage payment using the account information you entered. Attached for your review is a screenshot of the April 22, 2016 mortgage payment that you authorized via the LSW.Additionally, on April 22, 2016, CMS sent you a Return Speed-Pay letter informing you that the mortgage payment that you authorized on April 15, 2016 was rejected due to “account not found." The letter provided you with the contact telephone number for CMS's Collection Department of [redacted] and requested that you contact CMS with any questions that you may have.On April 26, 2016, CMS attempted to contact you via telephone regarding the status of your loan to no avail.On April 28, 2016, CMS sent you a Return Speed-Pay Letter informing you that the mortgage payment that you authorized on April 22, 2016 was rejected due to “account not found.” The letter provided you with the contact telephone number for the Collection Department of [redacted] and requested that you contact CMS with any questions that you may have. Please note that CMS did not receive any response or phone call from you in connection with the receipt of the Return Speed-Pay letters.On May 3, 2016, CMS sent you a Non-Home Affordable Modification Program ("Non-HAMP") Solicitation Letter that provided several loss mitigation options that may be available to you. The Non-HAMP Solicitation Letter included a Request for Mortgage Assistance (“RMA') form along with a comprehensive list of required financial information for you to submit to CMS with a submission deadline of June 2, 2016.On May 7, 2016, CMS sent you a Notice of Intent to Foreclose (“NOI"). The NOI stated that your loan was in default and due for your April 1, 2016 and May 1, 2016 mortgage payments. The NOI went on to state that, as of the date of the letter, the amount required to bring your loan current was $1,571.78. The letter ended by stating that failure to bring your loan current within thirty days from the date of the NOI may result in the acceleration of the sums secured by the Mortgage and the sale of the property. Please note that CMS did not receive any response or phone call from you in connection with the receipt of the NOI.On May 10, 2016, you authorized a payment in the amount of $660.00 via our LSW. Please note that the amount of $656.18 was applied to your April 1, 2016 mortgage payment, with the remainder, $3.82, applied to your unapplied funds balance. Additionally, a late fee in the amount of $26.24 was assessed to your loan because the April 1, 2016 mortgage payment was received outside of the grace period. For your reference, this increased your late fee balance from $233.18 to 4259.42.Furthermore, because your April 1, 2016 mortgage payment was received outside of the month that it became due, your mortgage payment was legitimately thirty days late and therefore reported to the major credit reporting bureaus as such. For your information, 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.Additionally, CMS may accept any payment or partial payment insufficient to bring the loan current, but is not obligated to apply such payments at the time such payments are accepted. In the event that CMS accepts a payment or partial payment that is insufficient to bring the loan current, those funds may be posted to an unapplied funds balance until enough funds are received to bring the loan current.On May 11, 2016, CMS received a payment in the amount of $360.00. Please note that because you did not provide specific posting instructions on the check that was received, CMS applied the amount of $360.00 to your unapplied funds balance. This increased your unapplied funds balance from $3.82 to $363.82.On May 18, 2016, CMS sent you a No Contact Letter advising you that your May 1, 2016 mortgage payment in the amount of $656.18 had not been received. The No Contact Letter provided the total amount due of $915.60, which included your late fee balance of $259.42.On June 7, 2016, CMS sent you a NOI. The NOI stated that your loan was in default and due for your May 1, 2016 and June 1, 2016 mortgage payments. The NOI went on to state that, as of the date of the letter, the amount required to bring your loan current was $1,571.78, less $363.82, monies held in your unapplied funds balance.On June 11, 2016, CMS sent you a FHA Thirty-Second Day Delinquent Notice. The notice informed you that your May 1, 2016 mortgage payment in the amount of $656.18 and your June 1, 2016 mortgage payment in the amount of $656.18 were due and payable. The notice also stated that if your mortgage payments were not received by July 11, 2016, CMS may proceed with foreclosure action. Additionally, the notice included a brochure that provided several loss mitigation options that may be available to you.From June 1, 2016 through June 16, 2016, our records indicate that CMS made several attempts to contact you via telephone regarding the status of your loan to no avail.For your reference, when an account becomes past due, CMS routinely orders property inspections to protect its interest in the property and ensure that the property has not been abandoned and has not fallen into disrepair. As of the date of this letter, our records show that CMS completed one property inspection due to your loan falling thirty or more days past due. The total amount of the property inspection fee charged to your loan was $20.00. Please note that the costs for these inspections are recoverable from you per the terms and conditions of your Mortgage. This inspection was performed on June 13, 2016. Additionally, these inspections may continue to be performed until such time that your loan is brought current. Although this type of fee is assessed to the loan after the property inspection is completed, your monthly mortgage statements do provide a Transaction Activity section that clearly states when fees are assessed to your loan as well as the type offee being assessed.On June 17, 2016, you authorized a payment in the amount of $660.00 via our LSW. Please note that the amount of $660.00 was applied to your unapplied funds balance. This increased your unapplied funds balance from $363.82 to $1,023.82. Those funds were then applied as follows: $656.18 was applied to your May 1, 2016 mortgage payment and the remainder, $367.64, was left in your unapplied funds balance until enough funds were received to satisfy a monthly payment. Additionally, a late fee in the amount of $26.24 was assessed to your loan which increased your late fee balance from $259.42 to $285.66.On June 18, 2016, CMS sent you a No Contact Letter advising you that your June 1, 2016 mortgage payment in the amount of $656.18 had not been received. The No Contact Letter provided the total amount due of $941.84, which included your late fee balance of $285.66.Please note that from June 23, 2016 through July 5, 2016, CMS made several attempts to contact you via telephone regarding the status of your loan to no avail.On July 6, 2016, CMS received a payment in the amount of $300.00. Please note that the amount of $300.00 was applied to your unapplied funds balance. This increased your unapplied funds balance from $367.64 to $667.64. Those funds were then applied as follows: $656.18 was applied to your June 1, 2016 mortgage payment and the remainder, $11.46, was left in your unapplied funds balance until enough funds were received to satisfy a monthly payment.On July 15, 2016, you authorized a payment in the amount of $660.00 via our LSW. Please note that the amount of $660.00 was applied to your unapplied funds balance. This increased your unapplied funds balance from $11.46 to $671.46. Those funds were then applied as follows: $656.18 was applied to your July 1, 2016 mortgage payment and the remainder, $15.28, was applied to late fees which decreased your late fee balance from $285.66 to $270.38.On July 22, 2016, CMS performed an annual escrow analysis. During the July 22, 2016 escrow analysis, your projected escrow disbursement for your escrow cycle beginning September 1, 2016 and ending August 31, 2017 was calculated to be $2,231.96. More specifically, the escrow analysis projected that your yearly homeowners insurance premium would be $961.83; your yearly mortgage insurance premium would be $123.45; and that your yearly property taxes would be $1,146.68. Correspondingly, your total disbursements for your escrow cycle beginning September 1, 2016, and ending August 31, 2017 were calculated to be $2,231.96, which if spread over a twelve month period is equal to approximately $185.99 every month.Consequently, based on the calculations from the July 22, 2016 escrow analysis, your low point escrow balance was $301.91. As a result, in order to reach the required escrow balance of $351.42, the 1/6th escrow cushion, CMS needed to collect an escrow shortage in the total amount of $49.51. Please note that your escrow shortage was spread over a twelve month period starting with your September 1, 2016 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment decreased by $17.46, from $656.18 to $638.72.On August 18, 2016, CMS sent you a No Contact Letter advising you that your August 1, 2016 mortgage payment in the amount of $656.18 had not been received, and that a late fee in the amount of $26.24 had been assessed to your loan increasing your late fee balance from $270.38 to $296.62. The No Contact Letter provided the total amount due of $972.80, which included your late fee balance of $296.62 and the aforementioned property inspection fee in the amount of $20.00.Please note that from August 16, 2016 through September 6, 2016, CMS made several attempts to contact you via telephone regarding the status of your loan to no avail.On September 6, 2016. CMS sent you a NOI. The NOI stated that your loan was in default and due for your August 1, 2016 and September 1, 2016 mortgage payments. The NOI went on to state that, as of the date of the letter, the amount required to bring your loan current was $1,611.52.On September 9, 2016, you authorized a payment in the amount of $660.00 via our LSW. Please note that the amount of $656.18 was applied to your August 1, 2016 mortgage payment and the remainder, $3.82, was applied to unapplied funds which resulted in an unapplied funds balance in the amount of $3.82.On September 18, 2016, CMS sent you a No Contact Letter advising you that your September 1, 2016 mortgage payment in the amount of $638.72 had not been received. The No Contact Letter provided the total amount due of $955.34, which included your late fee balance of $296.62 and the aforementioned property inspection fee in the amount of $20.00.On September 30, 2016, our records indicate that your unapplied funds balance in the amount of $3.82 was applied to your late fees which reduced your late fee balance from $296.62 to $292.80. That same day, you authorized a payment in the amount of $640.00 via our LSW. Please note that the amount of $638.72 was applied to your September 1, 2016 mortgage payment and the remainder, $1.28, was applied to late fees, which decreased your late fee balance from $292.80 to $291.52.On October 18, 2016, CMS sent you a No Contact Letter advising you that your October 1, 2016 mortgage payment in the amount of $638.72 had not been received, and that a late fee in the amount of $25.54 had been assessed to your loan. Please note that your late fee balance increased from $291.52 to $317.06. The No Contact Letter provided the total amount due of $975.78, which included your late fee balance of $317.06 and the aforementioned property inspection fee in the amount of $20.00.On October 23, 2016, you authorized a payment in the amount of $640.00 via our LSW. The following day, the amount of $638.72 was applied to your October 1, 2016 mortgage payment and the remainder, $1.28, was applied to late fees which decreased your late fee balance from $317.06 to $315.78.As of the date of this letter, your loan is contractually current and next due for your November 1, 2016 mortgage payment in the amount of $638.72, late fees totaling 4315.78, and a property inspection fee of $20.00, for a total amount due of $974.50.Based on the foregoing investigation and review of your account, it is clear that CMS made numerous attempts to contact you via telephone throughout the servicing of your loan in an effort to advise you with regard to your loan delinquency status and possible workout options. Additionally, we note here that you were made aware of your error in inaccurately entering your bank account information via your online chat conversation on April 22, 2016, and prior to you receiving the NOI dated May 7, 2016. It is also important to note that CMS provided you with timely notifications that your payment had been rejected by your financial institution due to account not found. Lastly, because your April 1, 2016, May 1, 2016, June 1, 2016, and August 1, 2016 mortgage payments were received outside of the month that they became due, your mortgage payments were legitimately thirty days late and therefore reported to the major credit reporting bureaus as such. As a reminder, 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. Therefore, CMS respectfully submits 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. Should you wish to further discuss any aspect of the loan, we encourage you to contact CMS's Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time for further assistance.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 Department

April 13, 2016
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted], [redacted]
Complaint No.: [redacted]

Dear Ms. [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 via email on March 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 the inquiry.
As you are aware, our Customer Advocate Department originally received an identical inquiry from you via the Consumer Financial Protection Bureau (“CFPB”) March 25, 2016 which raises the very same issues as this complaint. Accordingly, the loan was researched and a response was sent to you by CMS via the CFPB Portal on April 13, 2016. A copy of that response is included here for your ease of reference.
After a thorough review of your most recent correspondence, CMS is 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.
Please note that pursuant to 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.
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
-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.
-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], [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.
-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], [redacted].

August 31, 2016
[redacted]
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted], [redacted]
Complaint I.D....

No.: [redacted]

Dear Mr. and Ms. [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 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 complaint, you state you paid your July 1, 2016 mortgage payment to CMS via your banking institution’s BillPay method and that payment was returned to your banking institution for unknown reasons. After replacing that payment, you contacted CMS and inquired as to the reason the payment was returned to your banking institution. You state that the CMS representative was unable to provide you any information why the payment would have been returned and that CMS would waive the late charge if you were able to provide proof that your banking institution mailed the payment to CMS. You state that proof that the payment was mailed to CMS; however, CMS has refused to waive the late fee.
At the outset, please note that the servicing of this [redacted] (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on April 2, 2015. On April 6, 2015, CMS issued you a Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. At the time of the service transfer your loan was contractually current and showing due for the April 1, 2015 mortgage payment.
CMS would like to take this opportunity to remind you that that all payments are due on the first day of each month as outlined within the attached Promissory Note. Payments are considered late as of the second day of the month and if a payment is not received by CMS on or before the sixteenth day of the month, a late fee 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.
A review of your loan payment history shows that CMS has received timely mortgage payments from you on or before the sixteenth day of each month from the date that CMS began servicing your loan through the month of June 2016. Because CMS was not in receipt of your July 1, 2016 mortgage payment on or before July 16, 2016 a late fee in the amount of $84.58 was assessed to your loan on July 17, 2016. On July 19, 2016, CMS issued the attached letter to you notifying you that a late fee in the amount of $84.58 had been assessed to your loan and that CMS was not in receipt of your July 1, 2016 mortgage payment at that time.
On July 21, 2016, CMS attempted to contact you via telephone to notify you that CMS was not in receipt of your July 1, 2016 mortgage payment; however, CMS received no answer from you. On July 26, 2016, you contacted CMS and explained that you received the July 21, 2016 letter from CMS and that the BillPay payment that was sent to CMS’s payment processing center in Phoenix, Arizona by your banking institution was returned to your banking institution because CMS’s address had changed or was incorrect.
You explained that once you were notified of the returned payment, you accessed CMS’s website and directed your banking institution to mail a new BillPay payment to CMS at its Anaheim, California office. The CMS representative that you spoke with confirmed that both addresses you used were valid addresses to send payments to CMS. In an effort to assist you, the CMS representative provided you with her fax number and directed you to send front and back copies of the returned check to CMS so that CMS could investigate the issue and remove the late charge from your loan if in fact the payment was sent to CMS’s correct address within the time timeframe you specified. You indicated that you did not believe you would be able to secure a copy of the check that was returned to your banking institution.
While CMS understands that you may have intended to send such information to that CMS representative, CMS has confirmed that no such information was received by CMS. Because CMS was not in receipt of such information from you, CMS would not have been able to complete the research required to determine if CMS had any involvement in the payment being returned to your banking institution; therefore, the late fee was not removed from your loan. Accordingly, when CMS issued you your next monthly mortgage statement, the late fee properly remained as being due and payable to CMS.
On August 16, 2016, you contacted CMS and inquired whether CMS would waive the $84.58 late fee assessed to your loan on July 17, 2016. During this phone conversation you explained that your banking institution may have sent the payment to the incorrect mailing address and the payment was returned to your banking institution as there was no CMS representative available to accept the payment. Because CMS does in fact have personnel dedicated to accept payments delivered by CMS via mail and because BillPay payments are sent to CMS via first class mail and do not require a person to accept delivery, you were notified that CMS would not waive the late fee as CMS was not at fault for the payment being incorrectly addressed to CMS.
Upon receipt of your complaint, CMS has thoroughly research its records and has confirmed that CMS did not return the BillPay payment to your banking institution. Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, CMS has agreed to remove the valid late fee from your loan. This action is undertaken voluntarily by CMS without admission of fault or liability, and solely to demonstrate our dedication to the well-being of the consumers we serve. Attached for your reference is a copy of your loan payment history as well as a copy of the loan servicing system payment codes and definitions.
In an effort to avoid future occurrences of this nature, you may access CMS’s publicly available website at [redacted] for a comprehensive list of the available payment delivery options and addresses to send mortgage payments to CMS. For your reference, the addresses to mail payments to CMS are outlined below.
Regular Mail: Carrington Mortgage Services, LLC
[redacted]
[redacted].
Overnight Mail: Carrington Mortgage Services, LLC
Attn: [redacted]
[redacted] [redacted]
[redacted].
CMS would like to take this opportunity to notify you of the option to make no-cost mortgage electronic payments to CMS via its Loan Servicing Website (“LSW”). You may access CMS’s online payment system after registering an account at https://carringtonms.com to make same same-day electronic mortgage payments to CMS. It is important to note that payments submitted on business days after 11:00 P.M. Eastern Time (8:00 P.M. Pacific Time), on weekends or on holidays will be processed the next business day. Weekends and holidays are not business days.
Finally, 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 a late charge of $84.58 was permissibly assessed to your loan because CMS was not in receipt of your July 1, 2016 mortgage payment on or before the sixteenth day of that month. It is also clear that CMS has not been in receipt of front and back copies of the payment that was returned to your banking institution. Nonetheless, CMS has waived that late charge as an expression of our commitment to the highest standards of customer satisfaction. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] 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 [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern 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, [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], [redacted].
NEW YORK:
New York City Department of Consumer Affairs License Number 1264739
This Collection agency is licensed by the City of Buffalo license numbers: 555177 & 555176
City of Yonkers Debt Collection Agency License Number: 9717
For New York residents: You may file complaints about CMS with the New York State Department of Financial Services. You may obtain further information from the New York State Department of Financial Services by calling the Department’s Consumer Assistance Unit at [redacted] or by visiting the Department’s website at [redacted]. Carrington Mortgage Services, LLC is registered with the Superintendent of the New York State Department of Financial Services.

Please find the attached response and supporting documents for your review and consideration.Dear Mr. and 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 December 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 your inquiry.As we understand your complaint you allege that CMS makes it difficult to make a website payment or telephone payment. You go on to state that CMS confirmed that this information was correct during a telephone conversation with a CMS representative. You then go on to allege that the CMS Loan Servicing Website (“LSW’’) is designed to increase late charges. Also, you state that despite CMS being able to see all of the attempts to make a payment on the LSW, a late charge was assessed to your loan. Lastly, you then state that a CMS representative advised you that a late charge would be credited to your loan.As a preliminary matter, CMS is happy to confirm that as of the date of this correspondence you have the ability to make your monthly mortgage payment and an additional payment towards your principal or escrow balance via the CMS LSW after the monthly payment due date. If you would like to make your monthly mortgage payment before the due date you may also submit your payment via the LSW. If you would like to make your monthly mortgage payment and an additional payment towards your principal or escrow balance before the due date, please note you will only be able to pay the total amount due for the monthly mortgage payment and may Submit an additional payment towards your principal or escrow balance the following business day not to exceed the amount of $1,000.00 by entering that specific amount under the “other” category on the LSW.Furthermore, you also have the ability to make a payment towards your principal balance by mailing a personal or bill pay check not to exceed the amount of $10,000.00. If you would like to make a payment towards your principal balance greater than $10,000.00, please make certain to send certified funds such as a money order or cashier’s check to Carrington Mortgage Services, LLC, Attention Payment Processing, and [redacted]. Specific payment instructions should be clearly indicated on the form of payment as well as on the payment coupon.As you are aware, the servicing of this loan was transferred from [redacted] (“[redacted]”) to CMS on or about April 2, 2015. Attached for your ease of reference is a copy of the April 6, 2015 Notice of Service Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer. At the time of the transfer your loan was contractually due for the April 1, 2015 mortgage payment. For your reference, below please find a payment history since the effective date of service transfer.                                                                                                                                                                               Late ChargeDate Date       Paid to Date       Transaction       Total Amount       Principal       Interest       Escrow       Late Charges       Balance4/18/2015      4/1/2015           Payment-WEB    $1,140.85           $197.86       $477.84       $465.15     $0.005/21/2015      5/1/2015           Payment-WEB    $1,140.85           $198,65       $477.05      $465.15      $0.006/22/2015      6/1/2015           Payment-WEB    $1,140.85           $199.43       $476.27      $465.15      $0.007/16/2015      7/1/2015           Late Charge                                                                                        $45.63               $45.637/20/2015      7/1/2015           Payment-WEB    $1,140.85           $200.22       $475.48      $465.158/16/2015      8/1/2015           Late Charge                                                                                        $45.63               $91.268/17/2015     8/1/2015            Payment-WEB    $1,267.22           $201.02       $474.68      $545.89      ($45.63)               45.639/16/2015     9/1/2015            Late Charge                                                                                        $46.55                 92.189/18/2015     9/1/2015            Payment-WEB    $1,163.96           $201.81       $473.89      $488.2610/16/2015  10/1/2015           Payment-WEB     $1,210.51           $202.61       $473.09      $488.26       ($46.55)              45.6311/16/2015  11/1/2015           Late Charge                                                                                         $46.55                 92.1811/17/2015  11/1/2015           Payment-WEB     $1,163.96           $203.41       $472.29      $488.2611/18/2015  11/1/2015           Waived Late Fee  $46.55               $0.00           $0.00          $0.00          ($46.55)              45.6312/16/2015 12/1/2016                                                                                                                       $45.6312/22/2015 12/1/2015           Payment-WEB      $1,163.96          $204.22        $471.48                                                   46.55Please note that CMS promptly reviewed your online account and confirmed that your online account is active. On November 17, 2015 and December 21, 2015 your password was reset and a system generated email was sent to you that same day which would have prompted you to change your password. The password will need to conform to the following criteria:Cannot be the same as any of the last twenty-four (24) passwords you’ve used Cannot contain the user’s account name Must contain at least eight (8) characters in length Must include at least one (1) digit number Must include at least one (1) English lowercase character (a-z) Must include at least one (1) English uppercase character (A-Z) MMust include at least one (1) Non-alphabetic character (acceptable characters: !, $, #, %) (unacceptable non-alphabetic characters: ‘<' or ‘>')Please note that CMS is unable to remove the password security parameters from the online account system. CMS employs various levels of information security technology to ensure that all information exchanged through the website is properly protected.One important security feature designed to protect your private information is the password aging feature. This feature decreases the likelihood that your private information can be accessed by an unauthorized source. CMS takes the protection of customer information very seriously, and is proud of its reputation for adhering to the highest standards of data protection.Also, the LSW provides all of the payment options available, such as [redacted], Auto Draft, and web payment options. Additionally, CMS offers monthly, biweekly, and semi-monthly payment options with the ability to add any desired additional amount to your escrow or principal balance. For your ease of reference, attached please find a copy of CMS’s Auto Draft Authorization form.Moreover, the LSW provides online payment history available for viewing the next business day after a transaction has been completed. If you schedule a mortgage payment on the CMS LSW you will be provided an email confirmation of the pending payment. When making a payment on the CMS LSW the current amount due is the minimum amount that can be accepted. The LSW also provides the option to received loan alerts via text or email.That said it was on November 10, 2015 that CMS issued you a Payment Reminder Notice confirming that your November 1, 2015 mortgage payment had not been received. The notice further stated that if the payment was not received on or before the sixteen (16) day of the month a late charge in the amount of $46.55 would be assessed to your loan. This notice also provided you with the total due for November 1, 2015 in the amount of $1,163.96. Please note that as required by law, CMS may report information about your account to the credit bureaus. Late payments, missing payments, or other defaults on your account may be reflected in your credit report.On November 17, 2015, you spoke with the CMS representative and stated that you had attempted to call and use the Interactive Voice Response system (“IVR”) system to make a payment but were unable to do so. You also stated that you could not access your account through the LSW due to having to reset your password. In the interest of customer service the CMS representative submitted a request to waive the late charge in the amount of $46.55 for the November 1, 2015 mortgage payment as a one-time courtesy. The CMS representative then offered to process a Check-By-Phone payment for your November 1, 2015 mortgage payment. You objected to the $15.00 fee and advised that you would access the LSW and make the mortgage payment.During this same conversation the representative reset your LSW password, confirmed your user name, and confirmed your email address. You then expressed frustration and stated that when you attempt to access the LSW, the website requires that you reset your password each time. You then requested to speak with a supervisor. Unfortunately, no supervisor was available and your call was transferred to a supervisor’s voicemail. Later on this day, you scheduled a payment on the LSW for the November 1, 2015 mortgage payment in the amount of $1,163.96. On November 17, 2015 a payment in the amount of $1,163.96 was received and applied to your November 1, 2015 mortgage payment, thereafter, on November 18, 2015, the late charge in the amount of $46.55 was waived.On December 10, 2015, CMS issued you another Payment Reminder Notice confirming that your December 1, 2015 mortgage payment had not been received. The notice further stated that if the payment was not received on or before the sixteen (16) day of the month a late charge in the amount of $46.55 would be assessed to your loan. This notice also provided you with the total due for December 1, 2015 mortgage payment in the amount of $1,163.96.On December 21, 2015, CMS called you regarding the December 1, 2015 mortgage payment. You stated that you did not have the information needed to make a payment through the TVR payment system. During this call the representative explained that you would have to validate some information for security purposes when using the IVR and LSW. You also stated that you had attempted to contact CMS after business hours and could not reach a live person to make the mortgage payment. The CMS representative reset your password on the LSW. You stated that CMS had agreed to waive a late charge the previous month. Despite our best efforts, the representative failed to identify that the late charge had already been waived. You then requested that CMS waive the late charge assessed to your loan for the December 1, 2015 mortgage payment. The representative advised you that she would request that her supervisor review both late charges. You then stated that you would schedule a mortgage payment for the December 1, 2015 mortgage payment on the LSW. Later, CMS reviewed the late charge that was assessed to your loan for the December 1, 2015 mortgage payment and confirmed that the late fee was assessed correctly; therefore, the late fee was not waived.On December 22, 2015, you again spoke with CMS regarding the December 1, 2015 mortgage payment. During this conversation you requested that the representative provide you your LSW user name. You also stated that the reason that you did not make the payment was because you could not access the LSW website. Further, you stated that the password criterion on the LSW website was complicated and that is was difficult to complete the resetting of your password. The CMS representative then assisted you in accessing the LSW and assisted you with each step of the process to complete a payment. You then stated that it appeared to you that the page was not loading correctly. The representative confirmed she had access to your LSW account at that time and that there was no issue with the website. You then stated that the LSW did not store your bank and routing information and that you did not have the necessary information available to make a payment. Please note that CMS had confirmed with our third party vendor, [redacted] Speed Pay (“Speed Pay”), that you originally accessed and saved your bank information to the LSW on April 18, 2015. Later on this day you scheduled a payment on the LSW for your December 1, 2015 mortgage payment in the amount of $1,163.96. For your ease of reference please find the attached twenty four (24) month payment history.Based on the foregoing, we believe the record is clear that CMS has properly informed you of the payment options available to you for your loan and in no way misinformed or deterred you from making a payment on your loan. Again we would like to remind you that you may submit payments to CMS via the LSW, through a Customer Service agent, through our telephone IVR system at [redacted], or by mail to Carrington Mortgage Services, [redacted]. To the extent that statements in your letter consist of allegations of wrongdoing of any nature by CMS or otherwise, all such allegations are denied.In closing, we would like to take this opportunity to remind you that all payments are due on the first day of each month, and are 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, a late fee will 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. We encourage you to remit your 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 payment.Lastly, 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 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 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

August 3, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [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 July 8, 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. You go on to say that you have requested a payoff statement and that CMS has failed to provide you with one. Also, you state that you asked CMS to advise on your loan assumption eligibility and were told it would take thirty (30) days to receive a response. Correspondingly, you want CMS to provide you with a payoff statement and a response on your loan assumption eligibility as soon as possible.
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.
On July 8, 2015, our records indicate that you called CMS to request a payoff statement and to inquire if your loan was eligible for assumption. During this phone conversation, the CMS representative advised you that a payoff statement would be generated in twenty-four (24) to forty-eight (48) hours and emailed to you per your request. Additionally, the representative also advised you that our Customer Service Research Department (“CSRD”) would provide you with a written response advising you if your loan was eligible for an assumption. The representative did advise you that CSRD would respond as quickly as possible and that you could expect a written response no later than thirty (30) days from the date of your call. You expressed concern with the representative’s explanation and asked to speak with a CMS supervisor. The representative proceeded to transfer your call to a supervisor.
During your conversation with the CMS supervisor you advised that thirty (30) days to respond on your loan assumption eligibility was unacceptable. The supervisor proceeded to confirm that CSRD would not necessarily take thirty (30) days to respond, but that you should allow for up to thirty (30) days to receive a written response. Lastly, the supervisor also confirmed that she would request that your payoff statement and confirmation on your loan assumption eligibility be rushed.
That said, please note that CMS generated a payoff statement on July 8, 2015 and that it was sent to you via email per your request. Contrary to your allegation, CMS did provide you with a payoff statement on the same date you requested it. For your reference, attached hereto as Exhibit “A” please find a copy of the Payoff Statement with a good through date of August 1, 2015.
Moreover, on July 9, 2015, one (1) business day after your request for confirmation on your loan assumption eligibility, CMS sent you the FHA Assumption Package with Release of Liability letter. Please note that this letter clearly states that CMS will not process your request for an assumption if any of the information requested is not received and if the fees are not paid. For your reference, attached hereto as Exhibit “B” please find a copy of the FHA Assumption Package with Release of Liability letter.
As a result of our investigation we found no evidence of wrongdoing on CMS’s behalf. Contrary to your allegations, the CMS representative and supervisor were willing to assist you and rush your request for a payoff statement and confirmation on your loan assumption eligibility. Additionally, please note that CMS responded to both of your requests timely and within one (1) business day from the date of your request.
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 [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].

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.
There are three major concerns in regards to my home loan and servicing. First there is no acknowledgment or follow up to discuss why my loan received three separate escrow analysis starting  prior to my home loan transfer second on June 2015 and finally July 2015. My home loan balance originally was $1825.15 in escrow analysis was completed in which a one time payment of $79.10 was to be made followed by a reoccurring monthly payment of $1862.43. All these payments were made . However because of a 2nd escrow analysis done in June based off an incorrect Tax Installment from [redacted] my home loan payment went up for one month to $2023.  Finally a third escrow analysis was completed in July 2015 in which my home loan decreased to $1860. To be clear my tax installment decreased and my mortgage insurance remained the same; yet CMS still charged me an elevated rate in August instead of backdating to the original escrow analysis;once they were aware that my tax installment had decreased. Also, I spoke directly with an employee by the name of Lamont who stated to I did not have to pay an elevated amount unless I wanted to apply it to my principle and to continue to make my payment of $1862.43. However I am told time and time again that they no longer have this recording.  False!  Furthermore the company assessed my monthly payments to my principal balance without my consent causing our account to collect erroneous late charges. After multiple inquiries into my account and after my Revdex.com complaint did someone finally move my payment from principal to unapplied funds in the amount of $1,808.87-short $53.56 of my original payment amount. This was after they removed late fees that they erroneously charged to my account leaving in my unapplied balance $1480.14 (short -$380.54).  I spoke with [redacted] and asked her why were the late fees not taken off of my account or identified that the escrow analysis was in excess as well as in error.   Her continual response was that they sent me documentation. I received no documentation however I made multiple phone calls to CMS, as well as emails and written disputes. None of my request were responded to until I included the Revdex.com and the consumer financial protection bureau. Unfortunately  my husband and I were considered insignificant and did not require a response; unless larger authorities were involved.  Most recently in the midst of my complaints to both agencies I spoke with the following CMS employees; [redacted] and [redacted] from the escalations department. [redacted] in particular agreed that the escrow analysis was incorrect it should have been backdated to the time of my original escrow analysis. She went on to state that she was going to dispute the August payment & request that all late charges are removed. She also told me that she was forwarding this information to her supervisor [redacted]. I stated this to Miss [redacted] and asked her to listen to the most recent recordings in which she said she could not find them. What I find is a coincidence is that all of the information to rectify this matter can somehow no longer be found. Furthermore there is no customer service from CMS . They have no desire to resolve this matter provide any potential solution other than "no", "we can't" or "contact FHA". I believe this was a deliberate attempt to sabotage our home loan to prevent us from refinancing as our loan came over from [redacted] eligible for refinance. Last, I have never had one late payment with [redacted] my financial situation has only increased since leaving [redacted] yet the only difference is CMS. Please help.  My family looks forward to your correspondence and willingness to resolve this matter amicably. 
Regards,
[redacted] & [redacted]

October 13, 2017   Original Response Sent Via regular mail   *
[redacted]
[redacted]
[redacted]
*
      [redacted]            [redacted]...

[redacted]                    [redacted]
[redacted]       [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 September 26, 2017.  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, you should know that as of the date of this correspondence CMS has no evidence that the borrower has provided written authorization for CMS to disclose confidential account information to you. Consequently, CMS is unable to share any confidential account information with you without such written authorization. To provide our office with authorization, the borrower can write a letter of authorization and submit it to CMS. The letter must include the following information:   Representative Name Representative Contact Number Representative Identifier/Password Authorization Expiration Date (if applicable) Printed name, date and signature of the borrower   To expedite receipt of the written authorization, the borrower can fax it directly to our Customer Service Research Department. If unable to be faxed, the written authorization can also be mailed.  Below please find the fax number and mailing address to our Customer Service Research Department.   Fax Number:               (800) 486-5134   Mailing Address:        Carrington Mortgage Services, LLC                                     Attn: Customer Service Research Department                                     P.O. Box 5001                                     Westfield, IN 46074   Lastly, once you are added as an authorized representative on the account, CMS will be more than happy to address any concerns or issues you may have. As always, 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 the borrower wants to contact CMS regarding the administration of the loan we encourage that the borrower call our Customer Service Department at (800) 561-4567, Mon[redacted] through Fri[redacted], from 8:00AM to 8:00PM, Eastern Time.   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, Mon[redacted] through Fri[redacted], from 8:00AM to 5:00PM, Pacific Time.   Sincerely,     [redacted] Customer Advocate   CC:      Revdex.com IMPORTANT DISCLOSURES   -VERBAL INQUIRIES & COMPLAINTS- For verbal inquiries and complaints about your mortgage loan, please contact the Customer Service Department for Carrington Mortgage Services, LLC, at 1-800-561-4567 between 8:00 a.m. to 8:00 p.m. Eastern Time, Mon[redacted] through Fri[redacted]. 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 to http://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, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to 800-486-5134, or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001, Westfield, IN  46074.  Please include your loan number on all pages of the correspondence.   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 for Carrington Mortgage Services, LLC toll free at (800) 561-4567, Mon[redacted] through Fri[redacted], 8:00 a.m. to 8:00 p.m. Eastern Time. You may also visit our website at https://carringtonms.com/.

January 7, 2016
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint 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 via email on December 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 the complaint, you claim that after the servicing of your loan was transferred to CMS on December 1, 2015, you received correspondence from CMS on December 28, 2015 notifying you that CMS intended to refer your loan to foreclosure even though you believe your loan was contractually current. Sometime thereafter, you claim that you were notified of the service transfer to CMS; however, you also claim that CMS never contacted you. You further claim that CMS has no record of a payment being made on November 30, 2015 although your records show that a payment was made to the prior loan servicer on that date. You are requesting CMS to credit your account appropriately and apologize for the alleged mismanagement of your loan.
As you are aware, the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on December 1, 2015. On December 5, 2015, CMS issued you the attached Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. Please be advised that this Hello Letter was sent to you well in advance of the timing requirements set forth by the Real Estate Settlement Procedures Act (“RESPA”).
A thorough review of our records found that at the time of the service transfer, your loan was in fact contractually delinquent and showing due for the November 1, 2015 mortgage payment in the amount of $2,411.53. This payment was made up of principal and interest in the amount of $1,193.35 and a monthly escrow collection in the amount of $1,218.18. On December 18, 2015, CMS issued you the attached mortgage statement notifying you that your loan was past due for the November 1, 2015 mortgage payment.
Also on December 18, 2015, CMS issued you that attached Notice of Intent to Foreclose (“NOI”). This NOI again notified you that your loan was in default for nonpayment of the November 1, 2015 mortgage payment and provided $4,823.06 as the amount required to cure the delinquency. This letter also notified you that failure to cure the delinquency within thirty days may result in acceleration of the sums secured by the Mortgage and in the sale of the property. Please be advised that the NOI is a system generated letter that is issued for every loan that has become past due for more than thirty-one days and is required by law prior to any initiation of foreclosure proceedings.
As you also know, you contacted CMS on December 30, 2015 and after you verified your identity, you confirmed receipt of the Hello Letter, and the NOI. During this phone conversation, you explained that the NOI did not take into consideration the payment that you made on November 30, 2015. CMS is uncertain as to why you claim CMS did not acknowledge that you made a payment to your prior loan servicer on November 30, 2015, as the CMS representative specifically acknowledged that your loan payment history did in fact show a payment in the amount of $2,411.53 was received and applied to your loan on November 30, 2015.
The CMS representative clearly explained that at the time this payment was received by your prior loan servicer, your loan was contractually in default and showing due for the October 1, 2015 mortgage payment. Accordingly, your prior loan servicer appropriately applied these funds to satisfy the mortgage payment that became due on October 1, 2015 which made your loan due for the November 1, 2015 payment at the time of the service transfer to CMS.
After being provided with detailed information surrounding the status of your loan you explained that you were aware that your loan was one month behind. You further explained that you would review your financial records in an attempt to determine why your loan was showing due for the November 1, 2015 mortgage payment at the time of transfer.
In an effort to further assist you, the CMS representative inquired whether you would be willing to provide CMS with financial information so that CMS could assess your ability to afford a Repayment Plan (“RPP”) to cure the outstanding delinquent balance owed. After you provided the CMS representative with financial information, the CMS representative notified you that you were eligible for a three month RPP. You declined the RPP and chose to make a phone payment with the CMS representative to be debited from your bank account on December 31, 2015 to satisfy the November 1, 2015 mortgage payment.
The CMS representative then processed a phone payment in the amount of $2,411.53 and you explained that you would contact CMS in January 2016 to explore the options of entering into a RPP at that time. On December 31, 2015, CMS received and applied funds in the amount of $2,411.53 to the payment that became due on November 1, 2015. As of the date of this letter, your loan remains contractually delinquent and showing due for the December 1, 2015 mortgage payment in the amount of $2,411.53.
In an effort to attempt to further assist you in determining when your loan became past due, CMS has reviewed your loan payment history and has confirmed that your loan has consistently been delinquent for quite some time. Consequently, CMS must respectfully decline your request to credit your loan for the payment that CMS acknowledged you paid to your prior loan servicer on November 30, 2015 to satisfy the October 1, 2015 mortgage payment. Additionally, CMS would certainly apologize if CMS mismanaged your loan in any way; however, in light of the above information, CMS respectfully submits that CMS has in fact properly managed your loan.
It is important to note that CMS must rely on information provided by [redacted] in researching your loan payment history during the time your loan was serviced by [redacted]. As such, CMS encourages you to contact your prior loan servicer for more information surrounding the reason your loan was transferred to CMS showing due for the November 1, 2015 mortgage payment. Attached for your ease of reference is a copy of your loan payment history as well as CMS’s loan servicing system payment codes and definitions.
Finally, 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 CMS has in fact properly managed your loan, and has issued you notices regarding the servicing of your loan as required under applicable law. It is also clear that CMS has properly notified you of the delinquent status of your loan. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] 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 [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-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, [redacted].
-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.
-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].

January 17, 2018   ORIGINAL response SENT VIA regular mail   [redacted] Drive [redacted], ** [redacted]   RE:      Loan No.:                  ...

[redacted]             File No.:                     [redacted]                         Borrower:                  [redacted]                         Property Address:     [redacted] Drive, [redacted], ** [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 received in our office via email on December 27, 2017. 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 from your complaint, you allege that even though you have never missed a monthly mortgage payment, CMS states you are one month behind and as a result, has sent you multiple notices of intent to foreclose.  You further allege that every time you have contacted Customer Service to inquire about the reason why you are one month behind, Customer Service representatives have not been able to provide you with an adequate explanation.  You state that on one such telephone call, the customer service representative advised you CMS did not credit your January 2016 payment to your account, even though your bank statement shows the money was debited from your account.  Lastly, you state that when you contacted Customer Advocacy to inquire about your loan payments, the Advocate was inconsiderate and unhelpful.  You request that CMS review your monthly mortgage payments from the time it took over your loan to the present, find the January 2016 payment and apply it to your account, bring your account up to date, refund all fees associated with the monthly delinquencies, and remove all negative credit reporting.  You further request that CMS speak address your customer service concerns with the Advocacy Department.    At the outset, please note that the servicing of your Federal Housing Administration (“FHA”) loan was transferred from Bank of America, N.A. to CMS on or about April 2, 2015.  At the time of the service transfer your loan was undergoing a loan modification.  As you may already know, servicing rights arise at the time the loan is originated, but such rights are commonly bought and sold in the marketplace.  Consequently, we respectfully submit that CMS acquired the servicing rights to your loan legally and in compliance with all applicable laws.     In order to respond to your complaint, we have conducted a thorough review of our records including your entire payment history.  Our researched has confirmed that you have never missed a payment on the loan, but we also discovered that due to an inadvertent processing error, the payment you made on July 1, 2015 in the amount of $577.93 was misapplied to another loan.  We sincerely apologize for this oversight.  Your account will be immediately credited for the $577.93 payment and all fees that were collected as a result of this error will be refunded.  According to our records, on August 24, 2016, and September 1, 2017 your loan was assessed a $20.00 fee as a result of property inspections that were conducted due to the delinquency of your loan.  Because our research revealed your loan should not have been considered delinquent, those fees totaling $40.00 will be immediately refunded to you and sent under separate cover.  In addition, CMS has corrected all negative credit reporting that resulted from this oversight.  Enclosed please find a copy of the Automated Universal Data form showing that all negative credit reporting in connection with the misapplied payment has been corrected.  Your loan will be brought current and your next payment will be due on February 1, 2018.      In your complaint, you also claim that every time you call the CMS Customer Service Department, the representative has been unable to provide you with an explanation to your inquiry.  We have reviewed all of the telephone recordings and did not find evidence that any of the customer service representatives were not detailed and thorough.  You further claim that when you contacted the Customer Service Department on December 21, 2017, the representative you spoke with advised that CMS either did not receive your January 2016 payment or did not apply that payment amount to your loan account.  After reviewing the December 21, 2017 telephone recording, we confirm that the Customer Service representative you spoke with provided you with that information.  Unfortunately, the information provided was inaccurate.  According to our records, CMS received a payment from you on December 31, 2015 in the amount of $567.00.  That amount was applied to your December 2015 payment although it was your intention that it satisfy the January 2016 payment.      Lastly, you claim that when you contacted the Customer Advocacy Department on December 26, 2017, the advocate you spoke with was inconsiderate.  We have looked into this allegation also, but we did not find any evidence to support this assertion.  That being said, we would like to thank you for bringing these matters to our attention and to sincerely apologize for any perceived unprofessional customer service you believe you may have received from our office.  Rest assured that CMS strives to accommodate all reasonable customer expectations and resolve all customer inquiries as thoroughly and quickly as possible.  We sincerely regret that you have been dissatisfied with the level of customer service you have received from both our Customer Service and Customer Advocate Departments.    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, from 8:00AM to 5:00PM, Pacific Time.   Sincerely,       [redacted] Customer Advocate   CC:     Revdex.com                                                                                         Important Disclosures   -VERBAL INQUIRIES & COMPLAINTS- For verbal inquiries and complaints about your mortgage loan, please contact the Customer Service Department for Carrington Mortgage Services, LLC, at 1-800-561-4567 between 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 to http://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, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to 800-486-5134, or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001, Westfield, IN  46074.  Please include your loan number on all pages of the correspondence.   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 for Carrington Mortgage Services, LLC toll free at (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time. You may also visit our website at https://carringtonms.com/. Tell us why here...