Carrington Mortgage Services LLC Reviews (1450)
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Address: 1600 Douglass Rd #200A, Anaheim, California, United States, 92806
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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.
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].
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
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...
September 15, 2015
[redacted]
[redacted]
[redacted] [redacted]
RE: Complaint...
No: [redacted]
Loan No.: [redacted]
Property Address: [redacted] [redacted] [redacted]
Dear Ms. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com received in our office via email on August 16, 2014. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you expressed dissatisfaction with CMS’ limited payment options and overall customer experience. You go on to state that CMS is prohibiting you from making extra principal payments using the CMS website or the automated payment by phone system. In addition, you state that you have experienced password issues on the CMS website, and when you attempt to reset your password using your selected security questions and answers the website does not properly acknowledge the correct answer. You state that you are forced to call CMS for assistance with these issues; however, you have needed this support on weekend days and CMS does not provide this type of support on the weekends.
At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured 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 service transfer your loan was contractually current and due for the May 1, 2015 payment.
Upon review, our records show that on April 27, 2015, you made a payment using the CMS website in the amount of $1,100.09 and this payment was applied to your May 1, 2015 payment. On May 28, 2015, you called CMS for assistance as you had forgotten your password and when you tried to reset your password your website account locked. The CMS representative unlocked your account and reset your password. On that same day, you made a payment using the CMS website in the amount of $1,100.09 and this payment was applied to the June 1, 2015 payment. On July 1, 2015, you made another payment using the CMS website in the amount of $1,100.09 and this payment was applied to the July 1, 2015 payment. On Saturday August 1, 2015, you made a payment in the amount of $1,083.71 using the CMS automated phone payment service, and this payment was applied to the August 1, 2015 payment.
On September 1, 2015, you called CMS for assistance in accessing your CMS website account. During this call you explained that you had forgotten your password and were having difficulty resetting your password using the security questions and answers on your account. The CMS Representative unlocked your account and reset your password. The CMS representative informed you that the security questions were not properly working because your account was locked. Additionally, the CMS representative explained that this was a known problem on the CMS website, and that CMS was working to update the site so that the security questions worked properly to avoid a locked account. Subsequently, that same day you made a payment using the CMS website in the amount of $1,083.71 and this payment was applied to the September 1, 2015 payment.
Based on the foregoing, we believe the record is clear that the CMS website worked properly when the correct password was used to access your website account. In addition, CMS promptly provided assistance when you called to report your account was locked by resetting your password so that you could make your monthly payment online as desired. Although the CMS automated phone pay system is not currently able to accommodate extra principal curtailment payments, we are pleased to inform you that CMS has completed enhancements to the website and you are now able to make extra principal curtailment and or extra escrow payments on your loan using the CMS website. It is important to note that the CMS Customer Service Department is currently open Monday through Friday, 8:00 AM to 8:00 PM Eastern Time, and Saturday 8:00 AM to 12:00 PM Eastern Time. Nevertheless, we acknowledge that the security questions and answers on the website to reset your password were not properly working. Please know that CMS remains committed to the highest standards of customer satisfaction and to that end, CMS is continuously working on website enhancements and improvements. We would like to take this opportunity not only to express our sincere apologies for the inconvenience that you may have experienced in this matter, but also to thank you for bringing this matter to CMS’s attention. CMS is always looking for ways to improve service levels and your feedback is important us.
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]
[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 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].
November 2, 2015
Original sent via
regular mail
[redacted]
RE: Loan
No.: [redacted]
Case No.: [redacted]
Primary
Borrower: [redacted]
Co-borrower: [redacted]
Property
Address: [redacted]
Dear Mr. and Ms. [redacted]:
The [redacted] Department
of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal
filed with the Revdex.com received (“Revdex.com”) in our office via email
on October 19, 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 rebuttal to
our previous response dated October 16, 2015, you state that you never received
the Escrow Analysis Statement (“AEADS”) dated May 8, 2015. You also deny ever
having received the billing statement dated June 4, 2015, which also informed
you of the increase in your payment. Resultantly, you state that because you
never received this statement, you were unaware that your mortgage payment had
increased. Further, you also state that CMS inform you about both the higher
payment and the subsequent loan delinquency. You go on to say that CMS failed
to complete its due diligence in not contacting you regarding the delinquency. Also,
you claim that CMS ruined your credit and you are requesting that a credit
correction be completed to remove the derogatory reporting on your loan.
Lastly, you again state you still do not understand why your mortgage payment
increased.
As you are aware, our Customer Advocacy
Department originally received your initial complaint via the Revdex.com on September
21, 2015, which raises the exact same issues as your current inquiry. CMS has
confirmed we responded to that complaint on October 16, 2015. Further, the CMS
Customer Servicer Research Department also received an inquiry from you which
raised similar issues and a response was provided to you on October 13,
2015.
As a preliminary matter, CMS has
already addressed the escrow shortage and subsequent payment increase on your
loan in our October 16, 2015 response. Furthermore, CMS sincerely apologizes
for any perceived uncooperative or unprofessional customer service you allege
to have received. As a result, CMS respectfully submits that your payment
history, escrow shortage, and customer service issues have been addressed.
CMS 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. As a
result, 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.
Additionally,
it is also 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. Late
payments, missing payments, or other defaults on your account may be reflected
in your credit report.
That said, after having received your
rebuttal CMS completed a more focused review of your loan. More specifically, our
records reflect a billing statement was generated on June 4, 2015; however, due
to an incorrect mailing address indicated in our system, the July and August
2015 billing statements were not generated.
Moreover, your account history
indicates that the mailing address error was caused by mail being returned to
CMS on June 30, 2015 stamped “bad address”. The returned mail caused a bad
mailing address notification to be notated on our system, causing the July and
August 2015 billing statements to not be generated. CMS corrected the
billing system on August 6, 2015 in time for the September 2015 billing cycle. That
said, our records also indicate that CMS did attempt to contact you by
telephone on July 16, 2015 and received no answer.
As a result of our investigation
we find no evidence of wrongdoing on CMS’s behalf. Nonetheless, solely as an expression of our commitment to the highest
standards of customer satisfaction, CMS has agreed to correct and update any
negative credit reporting for the months of July 2015 and August 2015. Please do allow for up to thirty (30)
days for the credit bureaus to update and correct your credit report.
Lastly,
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]
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
calling [redacted]. Please include
your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for
Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m.
to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our
website at [redacted].
-IMPORTANT BANKRUPTCY
NOTICE-
If you have been discharged from personal liability on the
mortgage because of bankruptcy proceedings and have not reaffirmed the
mortgage, or if you are the subject of a pending bankruptcy proceeding, this
letter is not an attempt to collect a debt from you but merely provides
informational notice regarding the status of the loan. If you are represented by an attorney with
respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus.
Late payments, missed payments, or other defaults on your account may be
reflected in your credit report. As
required by law, you are hereby notified that a negative credit report
reflecting on your credit record may be submitted to a credit reporting agency
if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the
purpose of collecting a debt and any information obtained will be used for that
purpose. This notice is required by the provisions of the Fair Debt Collection
Practices Act and does not imply that we are attempting to collect money from
anyone who has discharged the debt under the bankruptcy laws of the United
States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list
of HUD-approved homeownership counselors or counseling organizations in your
area by calling the HUD nationwide toll-free telephone number at [redacted]
or toll-free TDD [redacted], or by going to
[redacted]. You can also contact the CFPB
at [redacted], or by going to
[redacted].
-EQUAL CREDIT OPPORTUNITY
ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from
discriminating against credit applicants on the basis of race, color, religion,
national origin, sex, marital status, or age (provided the applicant has the
capacity to enter into a binding contract); because all or part of the
applicant’s income derives from any public assistance program; or because the
applicant has, in good faith, exercised any right under the Consumer Credit
Protection Act. The Federal Agency that administers CMS’ compliance with this
law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC
20580.
-SCRA DISCLOSURE-
MILITARY
PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the
military, please contact us immediately.
The federal Servicemembers Civil Relief Act and comparable state laws
afford significant protections and benefits to eligible military service
personnel, including protections from foreclosure as well as interest rate
relief. For additional information and
to determine eligibility please contact our Military Assistance Team toll free
at [redacted].
-NOTICES OF ERROR AND
INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching
our determination. You may request such
documents or receive further assistance by contacting 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].
Attached please find a copy of our response letter to this complaint which was sent to the borrower today.Sincerely yours,[redacted]Customer Advocate[redacted]Office: [redacted]April3, 2015[redacted]...
[redacted]RE: Loan No.: [redacted]Complaint I.D. No.: [redacted]Property Address: [redacted]Dear Mr. & Mrs. [redacted]:The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") isin receipt of your complaint filed with the Revdex.com received in our officevia email on March 13, 2015. CMS is committed to responsible lending and servicingand we would like to address any concerns you may have. The following is our responseto the issue( s) raised in the inquiry.As you are aware, our Customer Service Research Department originally received aninquiry from you on March 11, 2015, which raises the same issues as this complaint.Accordingly, the loan was researched and a response was sent to you by CMS on March16, 2015. A copy of this response is attached for your ease of reference.At the outset, please note that the servicing of this Federal Housing Administration("FHA") insured loan was transferred from [redacted] Inc. ("Citi") to CMS onNovember 4, 2014. At the time of the service transfer your loan was contractuallycurrent and showing due for the December 1, 2014.A review of our records found that the total amount of mortgage interest that was paidduring the 2014 calendar year was $300.53. Because you paid less than $600.00 ofmortgage interest during the 2014 year, CMS is not required to issue you an InternalRevenue Service ("IRS") I 098 form ("Year End Mortgage Interest Statement").While CMS is unable to provide you with tax advice, we encourage you to access theIRS's 2014 Tax Information for Homeowners publication online at[redacted] which outlines the minimum interest paidrequirement of $600.00. This information can be found on Page seven (7), column three(3), Mortgage Interest Statement that reads as follows:If you paid $600 or more of mortgage interest {including certain points andmortgage insurance premiums) during the year on any one mortgage to amortgage holder in the course of that holder's trade or business, you shouldreceive a Form 1098 or similar statement from the mortgage holder. Thestatement will show the total interest paid on your mortgage during the year.Should you have any further questions regarding whether you may claim the mortgageinterest of$300.53 that was paid towards your loan in 2014, we encourage you to consulta tax professional of your choice.Based on the foregoing, we believe the record is clear that CMS has properly servicedyour loan and is not required to issue a Year End Mortgage Interest Statement for interestpaid on amounts less than $600.00. Nevertheless, CMS created and sent you a 1098 for2014 interest paid on or about March 25, 2015, and a copy is attached for your ease ofreference. Should you wish to further discuss any aspect of your loan, we encourage youto contact our Customer Service Department at [redacted] for further assistance.We trust that this communication addresses all of the concerns noted in the complaint. Ifyou have any further questions, please contact the undersigned at [redacted],Monday through Friday, 8:00AM to 5:00PM, Eastern Time.Sincerely,[redacted]Customer Advocate?
September 1, 2016 Original response sent via REGULAR MAIL [redacted] RE: Loan No.: [redacted] Complaint No.: [redacted] Property Address: [redacted] Dear Mr. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com (“Revdex.com”) and received in our office via email on August 26, 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 most recent rebuttal, you state that our previous responses have not resolved your complaint. Furthermore, you state that you have provided proof to CMS supporting your claim that a payoff for your loan in the amount of $104,390.80 was sent on August 31, 2015. We regret that you were dissatisfied with our response to your complaint. CMS is committed to the highest standards of customer satisfaction and professionalism, and for this reason, we take all legitimate complaints regarding the conduct of our business very seriously. Although we understand you are not pleased with the outcome, your complaint was investigated fairly and we believe it was resolved appropriately. Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to clarify our response and address any outstanding concerns in this matter. As you are aware, our Customer Service Research Department previously responded to your original complaint on January 15, 2016. Subsequently, the Customer Advocate Department responded to a substantially similar, if not identical, complaint on August 16, 2016. Soon after, the Customer Advocate Department responded to your initial rebuttal on August 23, 2016. On August 25, 2016, our Customer Service Research Department responded to yet another complaint received via fax on July 29, 2016. Although CMS is unable to identify any new issues that have not been previously addressed in detail, let this correspondence serve as the fifth response to your ongoing concern. Please note that while each of these responses has provided you with supporting documents, CMS is attaching one copy of all the pertinent documents in an effort to avoid unnecessary duplication of efforts. It is also important to note that CMS sent a payoff letter to [redacted] on August 27, 2015 and the letter clearly states that the payoff needed to be received before the 2:00 PM EST cutoff time. Otherwise, your payoff would be credited to your loan the following business day. If you can provide proof that [redacted] sent CMS your payoff in the amount of $104,390.80 on August 31, 2016 before 2:00 PM EST, please fax this information to my attention at [redacted]. Attached for your review is the payoff letter sent to [redacted] on August 27, 2015 Please note that the fax you sent to our Customer Service Research Department on July 29, 2016 included a copy of a letter sent to you by [redacted] stating that their records show that your payoff was wired August 31, 2015. However, this letter failed to provide the amount wired to CMS and failed to indicate that the wire transfer was sent prior to the 2:00 PM EST cut off time. It is important to understand that the letter provided by [redacted] is unacceptable as proof that your payoff was received on August 31, 2015 before 2:00 PM EST. Again, we invite you to provide a copy of the wire transaction form which should reflect the exact time the wire was sent from [redacted] to CMS. As mentioned in our prior response, our records show the receipt of a wire transfer with the transaction date of September 1, 2015 at 5:19 AM EST in the amount of $104,390.80 with a Bank Reference Number of [redacted]. Please note that we have asked that you provide evidence you may have that supports your claim that the wire transfer in the amount of $104,390.80 was received by CMS on August 31, 2015 before 2:00 PM EST so we can review this matter further. Attached for your review is a copy of the wire transfer information for the payoff received September 1, 2015. Furthermore, CMS is obligated by federal law to provide timely and accurate credit reporting in regard to the current loan status, payment history and loan information. We have determined that the information reported to the major credit bureaus properly reflects your payment history and loan information. We are, therefore, unable to make the requested changes to the reported information. We trust that this communication addresses all of the concerns noted in your Rebuttal. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. 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]. 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].
November 6, 2015
[redacted]
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Dear Ms. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com...
received in our office via email on October 23, 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 claim you logged on to the CMS Loan Servicing Website and attempted to make your October 1, 2015 payment; however, the checking account information was not stored by the site so that you had to re-enter the checking account information before completing the payment. You go on to say that you made a mistake in entering your checking account information which caused the payment to be returned. You stated that when you spoke to the CMS Customer Service Department, you were informed the account would be assessed a late fee as the payment was received after the sixteenth (16th) of the month. You requested to speak with a Supervisor, and you allege the Supervisor was rude while communicating with you in regard to the late charge assessed to your loan. Your desired resolution is to have the late charge of $34.41 removed from your loan.
We have completed a review of your loan and note that on October 16, 2015, you made the October 1, 2015 payment of $860.44 through the CMS Loan Servicing Website.
On October 21, 2015, our records indicate the payment made through the CMS Loan Servicing Website on October 16, 2015 was returned due to an Invalid Account Number. It is important to note that since you submitted your payment to CMS on the last day of the late charge period, and the payment was subsequently reversed five (5) days later, CMS was unaware of the incorrect banking information until your financial institution confirmed the account number was invalid.
On October 22, 2015, the CMS Customer Service Department contacted you in connection with the October 1, 2015 payment. During the phone conversation the Representative confirmed the payment was returned due to an Invalid Account Number and that your loan would be assessed and billed a late charge as the payment would now be received after the grace period. You cited the payment was made on the sixteenth (16th) of the month and that you should not be assessed a late charge. As the Customer Service Representative was unable to remove the late charge you requested to speak with a Supervisor.
In speaking with the Customer Service Supervisor, you reiterated that you had made your payment on the sixteenth (16th) of the month and that you had never missed a payment with CMS. You cited that you had recently switched bank accounts, which is why you were required to enter your new banking information through the CMS Loan Servicing Website. The Supervisor reviewed the routing and checking account number entered and noted the checking account number differed from the prior payment secured on September 15, 2015. A review of the checking account information from the payment secured on September 15, 2015 indicated your financial institution as [redacted] with the last four numbers of your checking account number as [redacted]. The payment secured on October 16, 2015 indicated your financial institution as [redacted] with the last four numbers of your checking account number as [redacted]. The Supervisor encouraged you to submit your written request to waive the late charge directly to the CMS Customer Service Research Department, but indicated that ultimately you would likely be assessed and billed a late charge. The Supervisor also reiterated that the CMS Loan Servicing Website does state that when making a payment, it is necessary to confirm the banking account information has been entered correctly.
As the Supervisor was unable to assist you in the removal of the late charge, you stated you would be filing a complaint with the Revdex.com and a complaint against the Supervisor who was assisting you. We note that while the Customer Service Supervisor was unable to remove the late charge, at no point within the conversation was the Supervisor rude. In fact we find that on several occasions the Supervisor stated that they understood your situation and that they appreciated your diligence in taking care of your greatest asset. For your ease of reference I have included copies of the payments submitted to CMS on September 15, 2015 and October 16, 2015 for your review.
Based on the foregoing, we believe the record is clear the incorrect checking account number entered on October 16, 2015 was entered erroneously by you and was not a CMS error. While we sympathize with your circumstances, if the payment had been submitted closer to the due date there would have been an opportunity to identify the error before the late charge date. By waiting until the last date on which a payment could be submitted without incurring a late charge, you left no opportunity for any error in making the payment. Therefore, the late charge of $34.41 is valid and will not be removed from your loan. Please note as a reminder, all payments are due on the first (1st) of each month and are assessed a late fee after the sixteenth (16th) of each month.
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 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].
TENNESSEE:
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
December 9, 2015
[redacted]
RE: Complaint No: [redacted]
Loan No.: ...
[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 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 the inquiry.
As we understand your complaint, you express concerns with CMS for reversing your October 1, 2014 payment on November 3, 2015. In addition, you claim that CMS did not properly notify you of this reversal or the reason for the reversal. You go on to say that this reversal caused the due date of your loan to be rolled back by one month causing your loan to show delinquent. You indicate that when you called CMS to discuss this matter the CMS representative was not helpful and did not provide you with an acceptable explanation for this reversal, and when you requested to speak to a Supervisor you were informed that Supervisors did not take customer calls. Lastly, you express concerns and dissatisfaction with CMS and the poor customer service experience you have had during your communications with CMS.
At the outset, please note that the servicing of this U.S. Department of Agriculture (“USDA”) insured loan transferred from [redacted] (“[redacted]”) to CMS on or about October 2, 2014. Attached for your ease of reference is a copy of the October 6, 2014 Notice of Service Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer.
Upon review our records show that at the time of the service transfer your loan was showing contractually current and due for the November 1, 2014 payment. Prior to the service transfer your prior servicer (“[redacted]”) had credited your loan with two payments on October 1, 2014. One payment was in the amount of $1,238.53 and this payment was applied to your September 1, 2014 payment. The other payment was in the amount of $1,271.44 and this payment was applied to your October 1, 2014 payment in the amount of $1,238.53, with $32.91 applied to late fees.
On October 18, 2014, CMS sent you a billing statement that indicated your loan was next due for the November 1, payment. Subsequently, CMS received additional monthly payments from you beginning November 1, 2015. Below for your ease of reference is a payment summary that shows payment transactions on your loan from May 20, 2014 to October 15, 2015.
On November 3, 2015, CMS received notification from your prior servicer (“[redacted]”) that the payment that had been posted to your loan on October 1, 2014 in the amount of $1,271.44, which was an Automated Clearing House (“ACH”) transaction, had not been paid by your bank and therefore, this payment needed to be reversed. CMS completed the reversal that same day. It is important to note that CMS had to reverse the payments posted to your loan from October 15, 2015 to October 1, 2014 to properly complete the required reversal of this payment, and roll the due date back from November 1, 2014 to October 1, 2014. After the reversal of this payment was completed, CMS reapplied your payments that were received from November 1, 2014 to October 15, 2015 to your loan respectively. For your ease of reference, below is a payment summary that shows these payment transactions.
After the payment reversals and reapplications were completed on your loan, applicable fees were assessed to your loan which included late fees, Nonsufficient Funds (“NSF”) check fee, and uncollected escrow shortage. Below is a breakdown of these fees for your ease of reference.
Late Fees: �...⇄ $131.60
ACH/NSF Fee �...⇄ $ 15.00
Uncollected Escrow Shortage: $ 19.73
Total: ...⇄ $166.33
On November 10, 2015, you called CMS and during this call you indicated that your loan should be due for the December 1, 2015 payment and not November 1, 2015, as you had paid the November 1, 2015 payment on October 15, 2015. In addition, you expressed concerns with the payment information reflected on your CMS website online account, which showed seventeen (17) payment transactions your loan dated November 3, 2015. The CMS Representative informed you that the payment transactions were part of a reversal for your October 1, 2014 payment which had not been paid by your bank. You requested to speak to a supervisor, and the CMS Representative placed the call on hold to seek an available Supervisor. Regrettably, when she returned to the line, the call disconnected.
Subsequently, on December 4, 2015, you spoke to CMS Supervisor [redacted], and during this call you expressed your concerns with the November 3, 2015 payment reversals, and also indicated that you had received poor customer service by CMS. Mr. [redacted] explained about the October 1, 2014 payment in the amount of $1,271.44 had been reversed because your prior servicer (“[redacted]”) had notified CMS that this payment had not been paid by your bank. You indicated that CMS did not provide you with any notification regarding the reversal and you also expressed concerns that a reversal for a payment made over a year ago would just now be addressed by CMS. Mr. [redacted] apologized to you for the inconvenience you have experienced in this matter. Mr. [redacted] also encouraged you to send CMS any proof such as banking information that showed the aforementioned payment had cleared your bank so that CMS could research further and respond appropriately.
On December 8, 2015, I had the pleasure of speaking with you, and during this call I informed you that I was in the process of completing my review and investigation of this matter, and would be providing you with a written response within the next couple of days. In addition, I explained that I was waiting for some pertinent information from your prior servicer regarding the October 1, 2014 payment. You expressed the same concerns that you previously mentioned to Mr. [redacted], and I expressed my sincere apologies that your recent CMS customer service experience had not been to your satisfaction. I thanked you for your feedback, and assured you that our CMS Customer Service Management team would address accordingly. You mentioned that you did not believe that the aforementioned payment had been returned by your bank unpaid. I encouraged you to send CMS proof from your bank that supported this claim and I would insure immediate review and resolution. However, you indicated that you did not have the banking information for that period in time, and could not obtain any information from the banking institution, as you had closed that particular bank account and no longer had access to that bank account information.
Based on the foregoing, we conclude that during the time that your loan was showing that the contractual due date was current, and also after the reversal of the NSF payment of October 2014, CMS serviced your loan in accordance with the terms and conditions of your Note, and in compliance with applicable policies and procedures for this USDA insured loan. Nevertheless, we acknowledge that CMS missed opportunities to provide you with a timely notification of the payment reversal on your loan, and also to provide you the opportunity to discuss your concerns with a CMS Supervisor when you called on November 10, 2015. We would like to take this opportunity to once again express our sincere apologies for the inconvenience that you may have experienced, and also to thank you for bringing this matter to CMS’s attention. CMS is always looking for ways to improve service levels and your feedback is important us.
Solely as an expression of our commitment to the highest standards of customer satisfaction, CMS has agreed to waive your late fees in the amount of $131.60. As of the date of this letter, your loan is due for your December 1, 2015 payment. Lastly, 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.
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, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC [redacted].
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].
May 11, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Primary Borrower: [redacted]
Property Address: [redacted]
Dear Mrs. [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 e-mail on April 15, 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 the complaint, you allege that your loan was recently transferred from [redacted], N.A. (“[redacted]”) to CMS and that CMS has not made any contact with you. You go on to say that when you called CMS you waited an average of twenty (20) minutes and that your account has been locked pending review. Due to your account being locked, you allege that you have been unable to make a payment online. Moreover, you state that you are concerned about the accumulation of interest due to your inability to make your payment. Consequently, you are requesting that your account be unlocked, you don’t wish to remain on hold for longer than five (5) minutes when calling CMS, and you want a handwritten apology from an executive outside of the Customer Service department.
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 next due for the April 1, 2015 payment.
Based on a review of your loan, please be advised that CMS sent you a Notice of Servicing Transfer (“Hello Letter”) on April 6, 2015. The Hello Letter was sent to your home address at [redacted]. For your reference, a copy of the Hello Letter is attached hereto as Exhibit “A”. 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 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 home address at [redacted]. For your reference, a copy of the NSOML is attached hereto as Exhibit “B”. 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 your new servicer was CMS and provided you with a contact number and a scope of responsibilities that CMS would handle. Likewise, 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.
In addition, our records indicate that on April 9, 2015 you called CMS to inquire about your new account number and about making a payment. During the phone call, the CMS representative advised you that CMS had recently mailed you a Hello Letter informing you of your new account number, our contact information, and instructions on how to make a payment. In addition, the CMS representative provided you with your new account number and explained the various options available to you for making a payment.
A few minutes later, your husband, [redacted], called CMS to advise that he was unable to make an online payment using the account number provided to you. Moreover, he expressed his concerns about not receiving any notification from CMS regarding the servicing transfer or notice of sale of ownership. The CMS representative did advise that the Hello Letter and NSOML were both sent and should arrive shortly via regular mail. Lastly, the CMS representative advised that she was unable to disclose any account information because CMS did not have your written consent to disclose account information to your husband. In an effort to assist with the online account access, the CMS representative did advise your husband that he was missing a digit from the account number he was typing into the online registration page. Moreover, the CMS representative advised she would gladly confirm the correct account number once you, the accountholder, called in to verify.
On that same day, you called CMS in the evening to verify the account number in order to complete your online account registration. The CMS representative provided you with your correct account number and you indicating during the call that you had written it down. Subsequently, the CMS representative advised you that your account had a bankruptcy alert when it transferred from [redacted] and that there was a possibility that you would not be able to process your online payment due to the alert. You and your husband both proceeded to finish registering your online account and when you attempted to click on the “Make a Payment” link, you received a message on the CMS website indicating that your account must meet certain criteria to process your request. The CMS representative confirmed that the message was triggered by the bankruptcy alert on your account and asked that you call the next day during business hours to speak with a Bankruptcy Department representative to have that alert removed. Moreover, the CMS representative did advise that the Bankruptcy Department was already working on reviewing all of the [redacted] transfer loans with similar alerts.
Thereafter, you called CMS on April 14, 2015 to advise that you were still unable to make your payment online. Moreover, you go on to say that the last time you called you were advised by the CMS representative that he would remove the bankruptcy alert so you could make your payment. Please note, however, that on April 9, 2015 the CMS representative advised that you would need to call back and speak with a Bankruptcy Department representative to have the bankruptcy alert removed. We find no evidence in our records that the CMS representative advised you that he would remove the bankruptcy alert. Moreover, during your April 14, 2015 phone call, the CMS representative did offer to accept your payment over the phone and waive the pay-by-phone fee. Instead of making the payment free of charge, you asked that the CMS representative add your husband to the account as an authorized party. The CMS representative confirmed she could add him as an authorized third party for thirty (30) days based on your verbal consent. Additionally, you were advised to write, sign, and date a letter where you provide his name, number, and a passcode to permanently add your husband as an authorized party on the account. Lastly, you asked what you needed to do to have the bankruptcy alert removed and the CMS representative informed you that the Bankruptcy Department was finalizing their review of all [redacted] transfer loans that had a bankruptcy alert.
Thirty (30) minutes later, on that same date, your husband called CMS to advise that you were told that a Bankruptcy representative could not speak with you because they were too busy updating all the loans transferred from [redacted]. Please note that the CMS representative who spoke with you gave you the option to take your payment over the phone free of charge and advised you that the Bankruptcy Department was still working on updating all loans that transferred from [redacted] with a bankruptcy alert. At no time during your call did you ask to speak with a Bankruptcy representative nor did the CMS representative advise you they were too busy to take your call. During your husband’s call, the CMS representative offered, once again, to take the payment over the phone free of charge and your husband refused stating he did not wish to call every month to make a payment by phone. Please note, however, that CMS did not indicate you would need to call every month to make a payment. The offer to take your payment over the phone was solely as an expression of good faith while CMS’s Bankruptcy Department finished updating all the loans that transferred from [redacted]. At that point, your husband did not wish to make a payment over the phone and asked to speak with a Customer Service Manager. During the transfer to the Manager, the call terminated. While we do not know the precise reason the call terminated, we acknowledge that it may have been due to a network error with our phone system.
On April 16, 2015, two (2) days after you and your husband last called, CMS’s Bankruptcy Department finished updating your account and removed the bankruptcy alert that had prevented you from making your payment online. As of the date of this letter, your account has been updated and all bankruptcy alerts have been removed. If you wish, you may log in to your online account and make your payment by visiting https://carringtonms.com.
Ultimately, 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 ability 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 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 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].
August 24, 2015
[redacted]
RE: Complaint No.: [redacted]
Loan No.:...
[redacted]
Property Address: [redacted]
Dear Mr. and Mrs. [redacted]:
The [redacted] 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 August 3, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As a preliminary matter, please note that our [redacted] Department originally received a complaint from you on June 17, 2015 filed with the Consumer Financial Protection Bureau (“CFPB”) which raises the exact same issues as this current inquiry. Accordingly, CMS researched the loan and a response was sent to the CFPB on August 14, 2015. Please note that on this same date a copy of our response was also sent to your attention via [redacted], tracking number [redacted]. For your ease of reference, attached hereto please find a copy of CMS’s response dated August 14, 2015. 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.
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]
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].
October 12, 2017 ORIGINAL RESPONSE SENT VIA REGULAR MAIL [redacted]
[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 25, 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 state that you satisfied the loan in full in July 2017. You also state that CMS disbursed a payment to your homeowners insurance carrier the prior month that resulted in an overpayment of your homeowners insurance policy premium. As a result, your homeowners insurance carrier issued a refund check to CMS. CMS then proceeded to send the refund check to you; however, CMS failed to endorse the refund check and you were unable to cash the check. You express dissatisfaction that after numerous telephone calls to CMS’s Customer Service Department, a replacement check has not been issued to you. Your desired resolution is for CMS to issue an apology to you for the poor customer service and to issue a new check to you. A review of our records found that on or about June 8, 2017, CMS’s insurance vendor, South West Business Corporation (“SWBC”), received notification from your homeowners insurance carrier, Farm Bureau Mutual Insurance Company of Idaho (“FBMICI”) that a payment in the amount of $510.00 was due on your policy. Accordingly, that same day, SWBC disbursed $510.00 from your escrow account and issued check to FBMICI to satisfy the premium due on your homeowners insurance policy. On July 3, 2017, CMS received payoff funds in the amount of $134,393.11. That same day, CMS applied the funds to satisfy the loan in full. The funds were applied to accrued interest of $38.75 and $133,798.95 was applied to satisfy the principal balance. An escrow overage check in the amount of $208.32 was issued to you on July 18, 2017. On or about August 3, 2017, SWBC received check number 1109137 in the amount of $510.00 from FBMICI. Because your loan was paid in full, SWBC sent the check to CMS’s Cashiering Department with instructions to endorse and forward the refund check to you. Regrettably, due to inadvertent clerical error, the refund check was sent to you without endorsement on August 8, 2017. CMS sincerely apologizes for any inconvenience you may have experienced due to this inadvertent clerical error. On August 23, 2017, you contacted CMS stating that you had received an escrow refund check; however, the check was payable to CMS and you were unable to cash the check. The CMS representative reviewed your account and informed you that she would open a request to have a new check issued payable to you. Unfortunately, because the insurance refund check was not issued by CMS, it was not reflected in your account history. As a result, the CMS representative incorrectly identified the escrow overage check in the amount of $208.32 as the check you were concerned about, and opened a request to have the escrow overage check reissued to you. CMS sincerely apologizes for any inconvenience you may have experienced due to the misunderstanding on the part of the CMS representative. On September 18, 2017, you contacted CMS to inquire whether a new check had been reissued. The CMS representative reviewed the account and determined that the only refund check that CMS has issued to you was the escrow overage check in the amount of $208.32, which the CMS representative confirmed had cleared on August 16, 2017. You then clarified that you were calling about a check in the amount of $510.00 that was issued by FBMICI payable to CMS. The CMS representative reviewed your account history and identified the check issued by CMS to FBMICI on June 8, 2017. The CMS representative informed you that he would open a request to place a stop payment on that check and have the check reissued to you. Unfortunately, that check had already cleared on June 14, 2017. It is important to note that because the check in your possession was not issued by CMS, we were unable to issue a new check payable to you. The CMS representative should have instructed you either to return the check to CMS for endorsement or to contact your insurance carrier directly to have a new check reissued payable to you. CMS sincerely apologizes for any inconvenience you may have experienced as a result of the CMS representative’s failure to properly advise of your options. On September 21, 2017, you contacted CMS to obtain a status on having a new check issued to you. The CMS representative reviewed your account and again informed you that according to your account history, only one check in the amount of $208.32 had been issued to you by CMS. You again clarified that you had a check in the amount of $510.00 from FBMICI that you were unable to cash. The CMS representative correctly informed you that CMS was unable to issue a new check to you because the check in your possession was not issued by CMS but by your insurance carrier. The CMS representative offered to transfer your telephone call to SWBC to determine whether they could contact FBMICI to have a new check issued to you. You then became abusive toward the CMS representative and the CMS representative terminated the call. CMS representatives reserve the right to terminate any calls from the borrowers that are verbally abusive, personally insulting, use profanity and/or threaten acts of violence against CMS or its representatives. It is important to note that on October 11, 2017, I personally contacted FBMICI and spoke to Tina [redacted] in their Accounting Department to determine whether FBMICI would be able to re-issue a new check to you. Ms. [redacted] reviewed your policy and advised me that check number 1109137 in the amount of $510.00 was voided on September 22, 2017 at the request of your local office. Ms. [redacted] further stated that the funds were applied toward your current homeowners policy also at the request of your local office. Once again, we sincerely apologize for any inconvenience that you may have experienced as a result of our Cashiering Department failing to endorse the homeowners insurance refund check prior to sending it you. Additionally, we apologize if the level of customer service you received from CMS did not meet your expectations. In closing, 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 (800) 561-4567, Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service Research Department, P.O. Box 5001, Westfield, IN 46074 or fax your correspondence to (800) 486-5134. We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. Sincerely, [redacted]Customer Advocate CC: Revdex.com
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I agree with the fact that there was a law suit against my business and that is still undergoing and visible on my credit, however, I signed almost every document pertaining to the mortgage at our closing. [redacted] actually had no contact with my future husband until the end and had sole communication with me. So, I feel that there is no possible reason why you are unable to answer my complaint other than you simply do not want to. What your company did and how they handled our closing was wrong, we lost tons of money and were out of a home until it happened. Yes we finally closed and how we still do not know, but this matter should be rectified since your company made the mistakes loosing documents, not being truthful and completely dropping the ball on the entire thing.
Regards,
[redacted]
June 17, 2016 Original response sent via regular mail [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 May 31, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry. As we understand your complaint, you allege that you are unable to make your mortgage payments via your CMS online account and were unable to speak with a CMS representative despite your phone calls to our office. You go on to say that due to CMS’s error, your account will be assessed a late charge and a derogatory mark will be reported on your credit report. As a result, your desired resolution is for CMS to ensure that no account delinquencies will be reported to the credit reporting agencies and to allow you to make your mortgage payments via your online account. As a preliminary matter, please accept this correspondence as confirmation that CMS did not report any account delinquencies to the credit reporting agencies in connection with your May 31, 2016 payment that was applied to your May 1, 2016 mortgage payment. Moreover, as of the date of this correspondence, your payment history reflects that your loan is current through June of 2016. The next payment due is scheduled to be paid on July 1, 2016 in the amount of $1,005.88. If you would like to view your recent payment activity, download a copy of your most recent billing statement or escrow analysis, or make a payment, CMS encourages you to log in to your online account by visiting https://carringtonms.com. 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. With regard to your inability to authorize a mortgage payment via your CMS online account, our records indicate that CMS received an electronic communication from your bank advising our office that either an inaccurate routing number or an inaccurate account number was used on a recent payment that you may have provided to a CMS representative, entered through our website, or entered through the pay-by-phone option. For your reference, attached hereto as Exhibit “A” please find a copy of the Notice of Change (“NOC”) letter that CMS sent you on May 3, 2016 advising you of the aforesaid. Specifically, the letter advised you that it would be necessary to contact your bank and confirm your account and routing number. In our experience, the use of incorrect account numbers can be an indicator of attempted access by an unauthorized party; accordingly, when this happens, CMS’s policy is to lock your online account and pay-by-phone option and send you an NOC. After you call and speak with a CMS representative and confirm your correct routing and bank account number, CMS will unlock the online and pay-by-phone options. Subsequently, on May 31, 2016, you contacted CMS with regard to your inability to make a mortgage payment via your CMS online account. Immediately thereafter, the CMS representative escalated your concern to our Cashiering Department and requested to have your account unlocked so you could resume payments via your online account and over the phone. That same day, our records indicate that your account was unlocked and that you authorized an online payment transaction in the amount of $1,046.11. Of that amount, CMS applied $1,005.88 to your May 1, 2016 mortgage payment and the remainder, $40.23, towards your May 1, 2016 late charge. We would like to take this opportunity to remind you that all of your mortgage payments are due on the first (1st) day of each month, and are considered late as of the second (2nd) 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 agencies as delinquent. Based on the foregoing investigation and review of your account, we are unable to find any evidence of wrongdoing on CMS’s behalf. Nevertheless, 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]. [This space intentionally left blank] 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 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 [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].
July 28, 2015
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [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 July 7, 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.
At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on April 2, 2015. On April 6, 2015, CMS issued you the attached 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 in the amount of $648.17.
It is important to note that, while CMS began servicing the loan as of April 2, 2015, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC § 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition. In order to comply with RESPA guidelines, CMS has suppressed the reporting of loan and payment information for the period of sixty days following the service transfer of your loan to CMS.
On June 17, 2015, CMS received a call from an Unauthorized Third Party (“UTP”) verbally requesting a Verification of Mortgage (“VOM”). The CMS representative who spoke to this UTP explained that in order for CMS to disclose any loan information to an UTP, CMS must be in receipt of written permission from you allowing such information to be disclosed.
On June 19, 2015, CMS received an inquiry from you that you characterized as a VOM request. Although CMS was not provided with a VOM form, this inquiry requested CMS to provide a statement (including your loan payment history) to be sent to a third party. Upon review of this inquiry, CMS determined that the signature on the inquiry did not match your original loan documents. Attached for your ease of reference is a copy of the signature page of your security instrument and a copy of the inquiry received by CMS.
Please be advised that CMS requires that all requests to release loan and payment information to a third party must contain the borrower’s signature, and that signature must match the signature affixed to one or more of the original loan documents. This action is taken by CMS in an effort to protect the non-public private information of its customers and is within the bounds of federal, state and local laws and the related servicing agreement.
On June 24, 2015, you contacted CMS and inquired whether a response to your inquiry was completed. It was at this time that the CMS representative notified you that your inquiry was not completed as the signature on the inquiry did not match the signature on any of your original loan documents. The CMS representative encouraged you to send a new inquiry to CMS along with your signature matching the signature on your original loan documents at your earliest convenience. On June 29, 2015, the CMS representative that you spoke with on June 24, 2015 received your new inquiry which was sent to CMS’s Customer Service Research Department to process.
On July 1, 2015, CMS’s Customer Service Research Department received your new inquiry along with your signature that matched your original loan documents. This inquiry requested CMS to send a copy of your loan payment history to a representative of [redacted], Inc. (“SSI”). That same day, CMS honored your request and sent a copy of your loan payment history to SSI via first class mail. On July 2, 2015, CMS spoke with you and confirmed your loan payment history had been sent to SSI the previous day. The CMS representative also verified the address to which the loan information was sent, which was 5000 Campuswood Drive, Suite 101, East Syracuse, NY.
On July 7, 2015, CMS received a new inquiry from you which was a duplicate of the inquiry CMS originally received on June 29, 2015 and responded to on July 1, 2105. On July 7, 2015, CMS responded to your new inquiry and provided SSI with the amount of your original principal balance ($74,908.00), the origination date (June 2007), the original term (360 months), the current principal balance ($65,967.00), the interest rate (6.25%), the escrow balance ($461.75), the next payment due date (July 1, 2015), and your payment amount ($667.32). This information was sent to SSI via first class mail on July 7, 2015.
Based on the foregoing, we believe the record is clear that once CMS received your inquiry containing a signature that matched your original loan documents, CMS promptly responded to your inquiry and provided the information you requested to SSI via the avenue of delivery that you requested. CMS sincerely apologizes for any perceived delay in responding to your inquiry. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at (800) 561-4567 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 (866) 874-5017, Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
Chris Lindsey
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 calling 1-800-561-4567. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at 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]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 [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 (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489, Anaheim, CA 92803.
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 www.dfs.ny.gov. Carrington Mortgage Services, LLC is registered with the Superintendent of the New York State Department of Financial Services.
March 10, 2017 [redacted] RE: Complaint ID No.: [redacted] Loan No.: [redacted] and [redacted] Property Address: [redacted] Dear Ms. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal to our response to your complaint (the “Rebuttal”) filed with the Revdex.com (“Revdex.com”) and received in our office via email on March 2, 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 Rebuttal, you state that after reviewing our prior response, you have determined that our proposed action would not resolve your complaint. Specifically, you state that you are unhappy with CMS’s unwillingness to refund you the stop payment fee as originally stated. 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 clarify our response. As indicated in our prior response, the funds that were initially applied to your account incorrectly due to a system error did not represent payments made by you, and you were not entitled to the benefit of these funds. Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, and in consideration of any inconvenience that this misapplication and stop payment may have caused you, CMS agreed not to pursue recovery of the remaining balance of $279.24, which resulted in a $279.24 windfall credit to you. In other words, you are free to keep those funds. Because the matter has already resulted in a windfall to you, we must again decline your request for an additional $30.00. 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 [redacted], 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, [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 http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at [redacted], 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 [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].
IIRevdex.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.The response said that I did not give enough information for the complaint. Well in June 2015 I contacted the bankruptcy department of carrington several times trying to sell the property. They informed me that I could not do anything with the property since it was included in my bankruptcy case and I did not confirm loan. The bankruptcy department had me send a key to them in June and I moved out of the property at that time because the department informed me that they wanted to lock up the property. The company did not do anything with property until Feb 8, 2016. found out recently that the property has been eligible to sold prior to the company taking over the property in which they haven't until they finish their hearing May 2016. I could have sold the property for the profit of at least $ 25,000. Now that I found out that it could be sold by me I am losing the profit and dealing with a short sale since the companies depart of bankruptcy kept telling me that the property could not be sold. I feel that they kept telling me that information is to keep me from selling and the could get the property without dealing without any realators or buyers. This is why I filed the complaint in the first place and will keep the complaint and not settle until I get what is due to me or property is sold by a short sale.
Regards,
[redacted]
August 4, 2016
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted], [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 July 21, 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 after the service transfer of your loan to CMS on July 1, 2016, you made a payment to your prior loan servicer and that payment was subsequently forwarded to CMS and applied to your loan on July 12, 2016. You express dissatisfaction that when you contacted CMS on July 6, 2016 you were told to hold off on mailing information to CMS until your loan boarded into CMS’s loan servicing system. You also dispute that your loan was due for three mortgage payments at the time of the service transfer. Your complaint goes on to express dissatisfaction with the communication and level of customer service you received from CMS. Finally, you raise concern with the number of letters CMS issued to you providing you with the status of your loan and information regarding the availability of mortgage assistance programs.
At the outset, please note that the servicing of your Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on July 1, 2016. On July 11, 2016, CMS issued you the attached Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. Please note that while your prior loan servicer was required to notify you in advance of the service transfer, the Real Estate Settlement Procedures Act (“RESPA”) requires CMS to issue a Hello letter to you within fifteen days of the service transfer. In light of the above, CMS respectfully submits that the above referenced Hello Letter was sent to you within the timeframe required under applicable law.
Please be advised that CMS is unable to comment on the claims you have raised against your prior loan servicer. Accordingly, CMS encourages you to contact your prior loan servicer for any questions or concerns you may have relating to the servicing of your loan prior to July 1, 2016. As outlined within the above referenced Hello Letter, your prior loan servicer’s Customer Service Department can be contacted at [redacted].
It is important to note that, while CMS began servicing your loan as of July 1, 2016, RESPA guidelines at 12 USC § 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition. In order to comply with RESPA guidelines, CMS suppresses the reporting of loan and payment information for a period of sixty days following the service transfer of your loan to CMS. Accordingly, CMS respectfully submits that CMS has not reported any derogatory loan or payment information to the credit bureaus at this time.
CMS is able to confirm that it is not uncommon for there to be a slight delay in the receipt and subsequent uploading of loan information to the acquiring loan servicer’s system of record. To that end, your loan was not boarded into CMS’s loan servicing system until July 11, 2016. Because of this slight but reasonable delay, CMS would have been unable to access your loan records until that date. CMS respectfully submits that should you have spoken to CMS on July 6, 2016, it was reasonable for CMS to encourage you to hold off sending information to CMS until the time that your loan was boarded within its loan servicing system and until you were notified of your new loan number.
At the time of the service transfer, your loan was contractually in default and showing due for the May 1, 2016 mortgage payment in the amount of $1,837.66. This payment was made up of principal and interest in the amount of $1,333.12 and a monthly escrow collection in the amount of $504.54. CMS is able to confirm that your loan was acquired with a principal balance in the amount of $231,129.96, an escrow account deficit in the amount of $295.91, a total late charge balance due of $147.00, and an outstanding corporate advance balance in the amount of $6.06. Please be advised that although there were funds in the amount of $962.06 being held in an unapplied status at the time of the service transfer, your May 1, 2016 mortgage payment was due in the amount of $1,837.66. Because your full May 1, 2016 contractual mortgage payment was not satisfied, your loan was in fact due for three payments at the time of the service transfer.
On July 11, 2016, CMS issued you a Servicemembers Civil Relief Act (“SCRA”) Notice Disclosure that notified you of any rights you may have under the SCRA. On June 12, 2016, CMS received funds from you in the amount of $2,050.66 which were applied to your May 1, 2016 mortgage payment in the amount of $1,837.66 with the remaining $213.00 being placed in an unapplied status until the time that CMS was in receipt of additional funds required to satisfy the next contractual payment due. After the application of this payment, your loan was due for the June 1, 2016 mortgage payment with an unapplied funds balance in the amount of $1,175.06.
On July 13, 2016, CMS issued a delinquency notice to you via certified mail as required under FHA loan servicing guidelines. The delinquency notice explained that CMS was not in receipt of your June 1, 2016 mortgage payment and that if CMS was not in receipt of the past due payments on or before August 12, 2016, you risked the property being referred to foreclosure. As you may recall, the notice requested you to allow CMS to help you prevent the situation from becoming more serious and encouraged you to call CMS at your earliest convenience.
On July 13, 2016, CMS was still not in receipt of your June 1, 2016 mortgage payment and although CMS made multiple attempts to contact you via telephone, CMS received no contact from you at this time. In an attempt to assist you in retaining ownership of the property, CMS issued you a solicitation notice informing you of the availability of various no-cost loss mitigation programs that were designed to assist borrowers seeking to avoid losing a home to foreclosure. CMS apologizes if you are dissatisfied that these letters were sent to you, as CMS’s intent has been solely to comply with applicable loan servicing guidelines, to attempt to make arrangements to resolve the account delinquency, and to transmit accurate information regarding the consequences of any failure to do so.
Our records show that on July 19, 2016, you contacted CMS and explained that you recently returned from being out of town, and that you were in receipt of the above referenced SCRA Notice Disclosure. Contrary to your claims that you were told that your loan was ninety days delinquent during that phone call, CMS has confirmed that the CMS representative clearly informed you that your loan was showing due for the June 1, 2016 and July 1, 2016 mortgage payments less the unapplied funds balance in the amount of $1,175.06. You then explained that you sent a payment in the amount of $2,050.66 to your prior loan servicer and acknowledged that CMS applied that payment to your loan on July 12, 2016.
When the CMS representative provided you with the amount due, you responded that CMS could not legally hold you accountable for the delinquent payments as you had received no mortgage statement or Hello Letter from CMS at that time. In response, the CMS representative notified you that a mortgage statement was sent to you by CMS on July 12, 2015, a copy of which is included here for your ease of reference. When you were asked what caused you to fall behind on your mortgage payments, you explained that you do not work during the summer months.
In response to your claim that the CMS representative was inappropriate or rude to you during this phone conversation, CMS is unable to locate any evidence to support your claim. In fact, after listing to the complete phone call recording, CMS is satisfied that the CMS representative that spoke with you remained professional throughout the duration of the phone call and that there was no inappropriate or otherwise unprofessional communication with you whatsoever. Regardless, CMS sincerely apologizes if you were dissatisfied with the level of customer service you received from CMS or if CMS’s attempt to resolve the loan delinquency offended you in any way.
As of the date of this letter, your loan remains contractually delinquent and showing due for the June 1, 2016 and subsequent mortgage payments. Attached for your ease of reference is a copy of your loan payment history along with a copy of the loan servicing system payment codes and definitions. CMS would like to take this opportunity to remind you that if you are experiencing financial difficulty in paying the above referenced monthly contractual payment, we encourage him to apply for mortgage assistance with CMS. You may visit CMS’s publicly-available website online at [redacted] to learn more about the program options and to upload the required documents electronically. Your complete mortgage assistance application package may be sent to CMS via email at M[redacted] or via fax at [redacted].
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 properly notified you of the service transfer as required under RESPA guidelines, and that CMS has properly accounted for, and properly applied all payments received from you to your loan. It is also clear that CMS representatives have not been rude or otherwise inappropriate to you in any way and 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
-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].