Carrington Mortgage Services LLC

May 24, 2016  [redacted]             RE:      Complaint I.D. No.:    [redacted]  Dear Ms. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a rebuttal filed with the Revdex.com (“Revdex.com”) received in our office via email on May 12, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry. As you are aware, our Customer Advocate Department originally received an inquiry from you via the Revdex.com on April 28, 2016 regarding concerns you had relating to a mortgage loan application received by CMS.  Accordingly, your concerns were researched and a response was sent to you by CMS on May 12, 2016.  A copy of that response is included here for your ease of reference. As you may recall, CMS’s May 12, 2016 response letter notified you that CMS was not in receipt of a loan application identifying you as a potential borrower.  Therefore, CMS was unable to provide you with any non-public personal information required to respond to the issues raised within your complaint.  In the May 12, 2016 response letter, CMS sincerely apologized if you felt the level of service provided by CMS did not meet the loan applicant’s expectations and notified you that an investigation concerning your allegations would be conducted by CMS. As we understand your rebuttal, you claim that you and your husband were in fact loan applicants that applied for financing with CMS.  To support your claim, you assert that you and your husband received identical letters from CMS shortly after you filed your initial Revdex.com complaint.  Your rebuttal continues on to raise the same issues as outlined within your initial April 28, 2016 Revdex.com complaint. Please be advised that upon receipt of your Revdex.com rebuttal, CMS has completed another thorough review of our records and is able to confirm with absolute certainty that you are not a party who has applied for financing with CMS and that no application has been received by CMS that has identified you as a potential applicant.  Therefore, CMS still is unable to provide you with any non-public personal information that is required to respond to the issues you have raised within your complaint. To be clear, the May 12, 2016 letter you received from CMS was a letter sent to you by CMS’s Customer Advocate Department acknowledging receipt of your April 28, 2016 Revdex.com complaint, a copy of which is included here for your ease of reference.  Please be advised that the acknowledgement letter was sent to you as required under applicable law and was in no way intended to suggest that you were a loan applicant.  Please be advised that upon receipt of your rebuttal complaint, CMS has sent you another acknowledgement letter dated May 16, 2016. As outlined within the May 12, 2016 response letter, CMS would be happy to review the concerns you have raised if the loan applicant wishes to address those concerns directly to CMS.  Should the loan applicant wish for any loan information including an appraisal to be provided to any company or individual, that request must be made in-writing to CMS.  Such request should contain authorization for CMS to release specific information to an identified individual or company, the fax number or address to send such information to said individual/company, and must be signed by the loan applicant.  That written request can be sent directly to CMS via fax at [redacted]. Based on the foregoing, we believe the record is clear that CMS is unable to provide you with any non-public personal information that is required to respond to the issues you have raised within your complaint because you are not a party who has applied for financing with CMS. 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

June 24, 2015
 
 
[redacted]
[redacted]
[redacted]  [redacted]
 
RE:      Complaint ID No.:      [redacted]
MLD Loan No.:         ...

[redacted]
            Property Address:       [redacted]
 
Dear Mr. [redacted]:
 
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on May 28, 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 you applied for a U.S. Department of Agriculture (“USDA”) insured loan with CMS and as of May 4, 2015 you complied with all the conditions requested.  You further state that on May 11, 2015, additional conditions were requested from underwriting which you also promptly satisfied and were informed that your file had been sent back to underwriting; however, as of the date of your complaint you have not received a response and your telephone calls are not being returned.
 
Upon review, our records show that you initially started your loan application with CMS in December 2014; however, the loan was secured by new construction which did not break ground until the end of February 2015.  Thereafter, on April 27, 2015 the loan was referred to underwriting for review and processing.  Subsequently, on May 13, 2015, the underwriter indicated that your debt to income ratio of would not qualify for the loan; however, CMS did not decline the loan at that time and instead placed the loan into a suspended status.  The suspended status allowed you the opportunity to provide additional information and documentation for reconsideration without you having to reapply. 
 
On May 18, 2015, CMS received the additional information and documentation identified at the time the loan was suspended and your loan application was sent to underwriting for review and processing that same day.  On June 2, 2015, CMS underwriting provided a conditional approval.  Subsequently, the conditions were completed on June 6, 2015 and on June 11, 2015 your file was sent to USDA for review and disposition. 
 
As of the date of this letter, your loan application is with USDA and CMS anticipates a response shortly.  Upon receipt of the USDA decision, CMS will promptly notify you in order to proceed with the next steps as applicable.
Based on the foregoing, we conclude that CMS has processed your loan application in accordance with the USDA established lending guidelines.  Although it has taken time to complete the outlined conditions of the loan approval, CMS referred the file to USDA promptly upon receipt of the outstanding requirements.  Nevertheless, we acknowledge, that CMS missed opportunities to communicate better with you during this process and would like to take this opportunity not only to express our sincere apologies for the inconvenience that she 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.  In the meantime, Loan Officer, [redacted] will continue to provide you with status updates on your loan application and is also available to answer any questions you may have.  Please note that Ms. [redacted] d can be reached at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Eastern Time or via email at [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, from 8:00AM to 5:00PM, Pacific Time.
 
 
Sincerely,
 
 
[redacted]
Customer Advocate
 
CC:  Revdex.com

February 7, 2017
[redacted]
[redacted]
RE: Loan No.: [redacted] Primary Borrower: [redacted] Co-Borrower: [redacted] Property Address: [redacted] Complaint I.D. No.: [redacted]

Dear...

Mortgagors:
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 January 20, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you state that you filed an insurance claim in August 2016 and you are dissatisfied with the way CMS has managed the claim/repair process. You state that you received an insurance claim check of approximately $13,000.00 and that you sent the check along with all required documentation to CMS. You acknowledge that CMS disbursed proceeds to you; however, you had to request a new check after changing contractors. You requested the new claim check but CMS declined your request because the check previously issued to you was still outstanding. You are requesting CMS to expedite the completion of the property inspection and to disburse the remaining insurance claim proceeds to you as soon as possible.
A review of our records shows that the property suffered a claimable loss on August 3, 2016. On August 19, 2016, you notified CMS of the loss and that that you received an insurance claim check in the amount of $13,018.88. The CMS representative that you spoke with explained that it was CMS’s policy to monitor the repair process for insurance claim amounts greater than $10,000.00. You were directed you to send the endorsed claim check to CMS along with copies of the insurance adjustor’s estimate report, the licensed contractor’s repair estimate, and a signed Affidavit of Loss Draft Claim.
We respectfully submit that monitoring insurance claim disbursements above a certain value and requiring that certain supporting documentation be submitted is standard within the industry, permitted by both applicable law and the mortgage loan agreement, and a reasonable practice to protect the noteholder’s interest in the collateral securing repayment of the loan.
That same day, CMS sent the attached letter to you outlining the above referenced instructions and provided you with an unsigned Affidavit of Loss Draft Claim. The letter reiterated that CMS would monitor the repair process if the claim amount was more than $10,000.00. The letter notified you that in order for CMS to process the insurance claim check, the following conditions must be satisfied.

• The claim check must be endorsed by all parties listed on the check(s);
• CMS must receive a copy of all insurance adjustors’ estimate reports and photographs;
• CMS must receive a copy of a licensed contractor’s bid/estimate and or signed contract;
• CMS must receive a signed and dated Affidavit of Loss Draft Claim (attached); and
• CMS must receive a copy of all applicable permits.
On September 14, 2016, CMS received insurance claim check number 02467370 in the amount of $13,018.88 payable from Citizens Insurance Company of America (“CICA”). That day, CMS also received your signed Affidavit of Loss Draft Claim, a certificate of liability insurance, a copy of a contractor’s license, an IRS Form W9 (“W9”), a contractor’s repair bid from [redacted] Restoration (“[redacted]”), a copy of a marriage certificate, and a copy of the insurance adjustor’s estimate report. That day, CMS applied the $13,018.88 to your restricted escrow account and on September 21, 2016 CMS issued an initial claim disbursement to you in the amount of $4,339.63. This disbursement, representing one-third of the total claim amount, was made payable to you and to [redacted] and was sent to you enclosed in the attached letter.
On October 21, 2016, you contacted CMS and explained that you needed a payee on the initial claim disbursement to be changed as you no longer were using [redacted] as your contractor. In response, the CMS representative notified you that it would necessary that a stop payment be placed on the initial check and that such request must be received from you in writing. In addition, it would be necessary that CMS receive an updated W9 and contractor’s repair bid from the new contractor.
On or about October 25, 2016, CMS’s insurance vendor, South West Business Corporation (“SWBC”) began managing the Loss Draft process for CMS. On October 31, 2016, SWBC contacted you in an effort to determine whether you had secured a new contractor and to gather the required information needed to reissue the initial disbursement. Unfortunately, SWBC received no answer from you so a message was left requesting you to contact SWBC at your earliest convenience.
On December 2, 2016, you contacted SWBC regarding the insurance claim/repair process. You again explained that you received the initial disbursement of $4,339.63; however, you were no longer were using [redacted] as your contractor. The SWBC representative reminded you that it would be necessary that your stop payment request be received in writing along with an updated W9 and an updated repair bid from the new contractor. You explained that although your insurance company did not provide you with an insurance estimate, the payment was based on the repair bid received from the contractor at that time. Before the SWBC representative could notify you that it would be necessary for you to provide SWBC with a letter from your insurance company confirming that the claim was paid based on the contractor’s repair bid, the call unexpectedly disconnected.
After attempting to secure a copy of the insurance adjustor’s estimate report directly from your insurance company, CMS received the insurance adjustor’s estimate report and an updated Affidavit of Loss Draft Claim on December 22, 2016. On December 28, 2016, SWBC spoke with you and notified you that after reviewing the information received on December 22, 2016, it could take five to seven business days for the initial claim disbursement to be reissued. During this phone conversation, the SWBC representative acknowledged that you would be acting as the general contractor responsible to oversee the property repairs.
On December 29, 2016, SWBC contacted you and provided you with the status of the claim. The SWBC representative notified you that your claim was being reviewed. The CMS representative again acknowledged that you would be acting as the general contractor and provided you with the estimated time it would take to reissue the initial claim check. It was further explained that the process could be delayed by the intervening holidays.
On January 13, 2017, SWBC rejected the disbursement request and noted that a second disbursement could not be issued until a property inspection was completed showing the property repairs were at least 40% completed. On January 17, 2017, SWBC spoke with you and notified you that the disbursement request was declined as the second claim disbursement could not be issued until a property inspection was completed showing that the repairs were 40% complete. It was at this time that you reminded SWBC that you had not cashed the initial claim disbursement and that you wished to have the first disbursement reissued.
After thoroughly reviewing the loan, we have identified that due to an inadvertent clerical error, the SWBC representative did not identify that the disbursement request was in connection with the request to stop pay and reissue the initial claim disbursement check. CMS sincerely apologizes for any inconvenience you may have experienced due to the delay in reissuing the initial claim disbursement check.
On January 18, 2017, a SWBC supervisor contacted you and notified you that a property inspection was ordered and that he would follow up on the status of the property inspection. On January 23, 2017, a new request was made to stop pay and reissue the initial disbursement check and on January 24, 2017, the initial disbursement check was reissued to you. On January 27, 2017, CMS received the property inspection report showing that the property repairs were 100% completed. Accordingly, CMS issued the final claim disbursement to you in the amount of $8,679.25 on January 30, 2017 for a total claim disbursement of $13,018.88. The claim/repair monitoring process was closed shortly thereafter.
On February 6, 2017, I personally contacted you and notified you that CMS had disbursed the final insurance claim proceeds to you on January 30, 2017. After listening to your concerns, I apologized if the level of customer service you received from CMS/SWBC did not meet your expectation. I provided you with my contact information and encouraged you to contact me if you have any further questions relating to the insurance claim/repair process. You indicated that you were satisfied that the final claim check had been issued to you.
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 not intentionally delayed issuing insurance claim proceeds to you and that the initial claim proceeds were disbursed to you timely. CMS sympathizes with customers who have experienced a claimable loss and sincerely apologizes if you feel CMS or its authorized vendor have intentionally delayed issuing claim disbursements to you or if you feel that CMS/SWBC have improperly handled the insurance claim/repair process in any way. 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 [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 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].

February
19, 2016
[redacted]
            RE:
     Case No: ...

                   [redacted]
Loan
No.:                    [redacted]
Property
Address:       [redacted]
Dear Mr. and Mrs. [redacted]:
The Customer Advocate Department
of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint
filed with the Revdex.com (“Revdex.com”) received in our office via email
on January 25, 2016.  CMS is committed to
responsible lending and servicing and we would like to address any concerns you
may have.  The following is our response
to the issue(s) raised in the inquiry.
As we understand your complaint,
you allege that after your loan transferred to CMS you noticed an increase in
your monthly payment, and when you called CMS to inquire about the payment increase,
you were informed by a CMS Representative that you did not have to pay the
increased payment amount.  You go on to
say that you later paid the short payment amount of $79.10, but you claim that
your loan payments have not been properly credited to your loan since the loan
transferred.  In addition, you claim that
CMS has assessed late fees and inaccurately reported a late payment on your
loan to the credit agencies. 
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.  At the time of the service transfer your loan
was contractually due for the April 1, 2015 payment with a credit in your
suspense account in the amount of $1,825.15. 
While CMS began servicing the
loan on April 2, 2015, the Real Estate Settlement Procedures Act (“RESPA”) at
12 USC 2605(d) prevents CMS from treating any payment as late for any purposes
until the expiration of sixty days after the effective date of the servicing
acquisition.  This sixty day period is
specifically intended to allow the acquiring servicer the necessary time to
receive the acquisition file from the prior servicer and to ensure the records
of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and
complete post-transfer diligence and escrow analysis that are due within sixty
days of the acquired date. 
Upon review, our records show
that on April 2, 2015 CMS received a payment in the amount of $79.10.  This payment was combined with the funds in
suspense of $1,825.15 for a total of $1,904.25. 
That same day, CMS applied from your suspense account the April 1, 2015
payment in the amount of $1,862.43, and $41.82 was applied to principal
curtailment.  Subsequently, on April 7,
2015, CMS sent you a billing statement that showed this payment transaction and
billed you for the May 1, 2015 payment in the amount of $1,862.43.  A copy of this statement is attached for your
ease of reference.
On April 29, 2015, CMS received a
payment from you in the amount of $1,862.43 and this payment was applied to
your May 1, 2015 payment in the amount of $1,862.43.  Subsequently, on May 1, 2015, CMS sent you a billing
statement that showed this payment transaction and billed you for the June 1,
2015 payment in the amount of $1,862.43. 
A copy of this statement is attached for your ease of reference.
On May 28, 2015, CMS received a
payment from you in the amount of $1,862.43 and this payment was applied to
your June 1, 2015 payment in the amount of $1,862.43.  Subsequently, on June 1, 2015 CMS sent you a
billing statement that showed this payment transaction and billed you for the
July 1, 2015 payment in the amount of $1,862.43.  A copy of this statement is attached for your
ease of reference.
On June 2, 2015, an Escrow
Analysis was completed.  This Escrow
Analysis was completed as part of the post service transfer requirements
mentioned above.  That same day CMS sent
you an Annual Escrow Account Disclosure Statement (“AEADS”).  A copy is attached for your ease of
reference.  The purpose of the AEADS was
to advise you of your projected escrow activity for your escrow cycle beginning
August 1, 2015 and ending July 31, 2016. More specifically, the AEADS projected
that your yearly county taxes would be $5,524.38, your yearly homeowners
insurance premium would be $882.00, and your FHA insurance premium would be $1,065.36.  Correspondingly, your total disbursements for
your escrow cycle beginning August 1, 2015 and ending July 31, 2016 were
calculated to be $7,471.74. The total projected
escrow advances divided by twelve (12) equals $622.64 per month and represents
the required escrow payment beginning August 1, 2015. 
In addition, please note that a
mortgage servicer is permitted by law to collect an escrow cushion. An escrow
cushion is a minimum amount of money held in your escrow account to prevent
your escrow balance from being overdrawn. The reason that escrow cushions are
permitted is that, from time to time, payments for escrow items may become due
in excess of funds available in the escrow account. Because escrow items remain
the borrower’s responsibility, lenders are permitted to collect a cushion in
case payments due for such items exceed available funds.  Specifically, the Real Estate Settlement
Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th
(i.e., up to two months of escrow payments) of the total annual projected
escrow disbursements made during an escrow cycle which is over a twelve-month
period. Additionally, when your escrow balance reaches its lowest point during
the escrow cycle, that balance is targeted to be your 1/6th escrow
cushion amount. If you wish to have a better understanding of RESPA, escrow
accounts, and your rights as a consumer, CMS encourages you to visit the U.S.
Department of Housing and Urban Development website at [redacted]. 
In light of the above, CMS is
authorized to collect no more than 1/6th of your total projected
escrow disbursement for your escrow cycle beginning August 1, 2015 and July 31,
2016. The total escrow cushion that CMS may collect is $1,067.72.  It is important to note that the 1/6th
calculation does not include any FHA insurance portion for this purpose.
For an
explanation of the escrow shortage please refer to the next section of the
AEADS, below the Projected Escrow Activity from August 1, 2015 and July
31, 2016 and note the projected low point balance of
-$1,093.75 for July 2016.  Looking at the
next column for the same date under “Required”, please note that the low point
balance should be $1,067.72 (1/6th cushion).  As such, CMS is collecting the -$1,093.75
shortage and the $1,067.72 required low point balance, which added together, equals
$2,161.47.  This escrow shortage is
being collected over a twelve (12) month period starting with your August 1,
2015 payment, resulting in a monthly shortage collection in the amount of $180.12.  The following is a summary of the total
payment amount beginning August 1, 2015.
Principal and Interest Payment                       $1,220.93
Escrow Payment                                             $   622.64
Escrow Shortage        
                                   $   180.12
Total:                                                               $2,023.69
On June 27, 2015, CMS received a
payment from you in the amount of $1,862.43 and this payment was applied to
your July 1, 2015 payment in the amount of $1,862.43.  Subsequently, on July 1, 2015 CMS sent you a
billing statement that showed this payment transaction and billed you for the
August 1, 2015 payment in the amount of $2,023.69.  A copy of this statement is attached for your
ease of reference.
On July 24, 2015, another Escrow
Analysis was completed.  This Escrow
Analysis was completed due to a reduction in your county tax bill.  That same day CMS sent you an updated AEADS.  A copy is attached for your ease of
reference.  The purpose of the AEADS was
to advise you of your projected escrow activity for your escrow cycle beginning
September 1, 2015 and ending August 31, 2016. More specifically, the AEADS
projected that your yearly county taxes reduced to $4,651.67, your yearly
homeowners insurance premium remained at $882.00, and your FHA insurance
premium also remained at $1,065.36. 
Correspondingly, your total disbursements for your escrow cycle
beginning August 1, 2015 and ending July 31, 2016 were calculated to be $6,599.03.
The total projected escrow advances divided by twelve
(12) equals $549.91 per month and represents the required escrow payment
beginning September 1, 2015. 
As mentioned above, CMS is
authorized to collect no more than 1/6th of your total projected
escrow disbursement for your escrow cycle beginning September 1, 2015 and August
31, 2016. The total escrow cushion that CMS may collect is $922.26.  Please note that the 1/6th
calculation does not include any FHA insurance portion for this purpose.
For an
explanation of the escrow shortage please refer to the next section of the
AEADS, below the Projected Escrow Activity from September 1, 2015 and
August 31, 2016 and note the projected low point
balance of -$155.86 for February 2016. 
Looking at the next column for the same date under “Required”, please
note that the low point balance should be $922.26 (1/6th cushion).  As such, CMS is collecting the -$155.86
shortage and the $922.26 required low point balance, which added together, equals
$1,078.12.  This escrow shortage is
being collected over a twelve (12) month period starting with your September 1,
2015 payment, resulting in a monthly shortage collection in the amount of $89.84.  The following is a summary of the total
payment amount beginning September 1, 2015.
Principal and Interest Payment                       $1,220.93
Escrow Payment                                             $  
549.91
Escrow Shortage        
                                   $     89.84
Total:                                                               $1,860.68
Thereafter, the payment history
shows that you made payments on your loan but, the amounts received from you were
less than a full monthly payment amount. 
As such, the payments received were applied to the suspense
account.  The payments remained in
suspense until additional funds were received to complete a full monthly
payment.  At that time, the next contractual
payment due on the loan was applied from the suspense account. 
Additionally, CMS sent you
monthly billing statements that showed the payment transactions on your loan, and
billed you for the next monthly payment due. 
Attached for your ease of reference are copies of the billing statements
dated, August 18, 2015, September 18, 2015, October 1, 2015, November 18, 2015,
December 18, 2015, January 18, 2016, and February 4, 2016.  Below, for your ease of reference is a
payment history from the date of the service transfer to February 5, 2016.
Based on the foregoing, we
conclude that CMS has applied the payments received from you promptly upon
receipt and in accordance with the established policy and procedures.  Additionally, CMS sent you timely
notifications of the upcoming payment amount changes on June 2, 2015, and again
on July 24, 2015, and on monthly billing statements.  As of the date of this letter, your loan is
past due for due for the February 1, 2016 payment in the amount of $1,860.68,
with a suspense account balance of $1,480.14, and outstanding late fees in the
amount of $148.84.  Lastly, our review
indicates that the information reported to the credit
agencies as of Feruary 4, 2016, properly reflects your loan information and
status.  CMS is obligated by federal law
to provide timely and accurate credit reporting regarding the current loan
status, payment history and loan information. 
Therefore, no changes will be made to the reported information at this
time.
In closing, please be advised 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.
We trust that this communication
addresses all of the concerns noted in the complaint.  If you have any further questions, please
contact the undersigned at [redacted], Monday through Friday, 8:00 AM to
5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC:  Revdex.com
-INQUIRIES & COMPLAINTS-
For
inquiries and complaints about your mortgage loan, please contact our CUSTOMER
SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention:
Customer Service, [redacted], or by calling
[redacted].  Please include your loan number on all pages of
correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage
Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern
Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from
personal liability on the mortgage because of bankruptcy proceedings and have
not reaffirmed the mortgage, or if you are the
subject of a pending bankruptcy proceeding, this letter is not an attempt to
collect a debt from you but merely provides informational notice regarding the
status of the loan.  If you are represented by an attorney with respect to
your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about
your account to credit bureaus. Late payments, missed payments, or other
defaults on your account may be reflected in your credit report.  As
required by law, you are hereby notified that a negative credit report
reflecting on your credit record may be submitted to a credit reporting agency
if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt
collector and it is for the purpose of collecting a debt and any information
obtained will be used for that purpose. This notice is required by the
provisions of the Fair Debt Collection Practices Act and does not imply that we
are attempting to collect money from anyone who has discharged the debt under
the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If
you would like counseling or assistance, you may obtain a list of HUD-approved
homeownership counselors or counseling organizations in your area by calling
the HUD nationwide toll-free telephone number at [redacted] or toll-free
TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or
by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT
NOTICE-
The Federal Equal Credit
Opportunity Act prohibits creditors from discriminating against credit
applicants on the basis of race, color, religion, national origin, sex, marital
status, or age (provided the applicant has the capacity to enter into a binding
contract); because all or part of the applicant’s income derives from any
public assistance program; or because the applicant has, in good faith,
exercised any right under the Consumer Credit Protection Act. The Federal
Agency that administers CMS’ compliance with this law is the Federal Trade
Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA Disclosure-
MILITARY
PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the
military, please contact us immediately. 
The federal Servicemembers Civil Relief Act and comparable state laws
afford significant protections and benefits to eligible military service
personnel, including protections from foreclosure as well as interest rate
relief.  For additional information and
to determine eligibility please contact our Military Assistance Team toll free
at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our
determination.  You may request such
documents or receive further assistance by contacting Carrington Mortgage
Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

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 am not satisfied with their explanation. The information they sent is not factual. Thank you for your help. [redacted]Sent from my iPhone
Regards,
[redacted]

October 3, 2016         [redacted]     RE:       Complaint No.:           [redacted] Loan No.:                   [redacted] Property Address:       [redacted]     Dear Mr. and Mrs. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal to our response to your complaint (the “Rebuttal”) filed with the Revdex.com (“Revdex.com”) and received in our office via email on September 27, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your Rebuttal, you request clarification regarding the date CMS became “involved” with your loan.   As previously mentioned in the prior response dated September 13, 2016, your loan was transferred from Bank of America to CMS on July 1, 2016, which is the date that CMS began the servicing of your loan.    Upon further review, we identified a typographical error on paragraph four of our response dated September 13, 2016.  CMS has corrected this typographical error, and a corrected version of this response letter is attached for your ease of reference.  We would like to take this opportunity to express our apologies for any inconvenience that you may have experienced due to this inadvertent clerical error.    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 (866) 874-5017, 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, P.O Box 3489, Anaheim, CA 92803, or by calling 1-800-561-4567.  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.   -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.   -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.   -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.   -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at (800) 569-4287 or toll-free TDD (800) 877-8339, or by going 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- You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489, Anaheim, CA 92803.

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 11, 2016. CMS is committed to responsible...

lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.As we understand your complaint, you claim that CMS has improperly failed to issue mortgage statements to you and that CMS has improperly applied payments to your loan. You further claim that CMS has assessed excessive fees to your loan, and has reversed funds from your loan and improperly applied such funds to your principal balance. You are requesting CMS to reverse the $95.00 from your principal balance and apply the funds to reduce your outstanding fee balance.As you are aware, our Customer Advocate Department has received a number of inquiries from you both directly and through the [redacted] Department of Financial Services (“** DFS"), all of which raise some of the same issues as your recent Revdex.com complaint. Our records show that CMS has responded in detail to each of the concerns you have previously raised and has issued written responses to you and to the ** DFS on May 5, 2015, June 10, 2016, June 20, 2016, and most recently on July 15, 2016. Copies of those response letters are included here for your ease of reference.Please note that while the above referenced response letters have provided all involved parties with nearly one hundred and seventy-five pages of documents to support CMS’s earlier responses, CMS is not attaching another copy of those documents in an effort to avoid an unnecessary duplication of efforts. Please be advised that while CMS will not respond to the same claims that CMS has already addressed in detail, CMS will respond to each new issue you have raised to the fullest extent possible. In response to your claim that CMS has reversed funds in the amount of $95.00 from your loan and then improperly applied those funds to your principal balance, please be advised that such reversal was completed to resolve a concern brought to CMS’s attention within a complaint received from you via the ** DFS on May 13, 2016, which included a letter from you that was dated April 25, 2016. In that letter, you specifically requested that the $95.00 be refunded to you. Because funds were properly owed at that time toward amounts outstanding on your account, CMS declined the request to issue a refund to you directly, and because you did not provide any instructions regarding application of the $95.00 to the loan, CMS made the reasonable decision to apply the funds to your principal balance on June 8, 2016.CMS sincerely apologizes if you are dissatisfied that the $95.00 was applied towards your principal balance as CMS’s intent was to apply the funds to the loan in a manner that benefit you given the fact that funds were due on your account. CMS would like to point out that the $95.00 was applied to reduce your principal balance which accrues interest at a rate of 4%, while the outstanding fee balance accrues no interest. Moreover, CMS respectfully submits that it was reasonable for CMS to apply the $95.00 towards your principal balance as you continued to dispute the validity of the fees that were permissibly assessed to your loan at the time the initial reversal and reapplication of funds took place.That being said, on July 19, 2016, CMS reversed the $95.00 from your principal balance and has applied those funds to reduce the outstanding fees due as you have requested in your most recent complaint. For your ease of reference, please find a copy of your loan payment history as well as a copy of the loan servicing system payment codes and definitions showing the reapplication of funds. As of the date of this letter, your loan is contractually current and showing due for the August 1, 2016 mortgage payment.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 Research Department, [redacted] or fax your correspondence to [redacted].Please note that pursuant to Consumer Financial Protection Bureau (“CFPB") guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.Finally, your most recent correspondence appears to be substantially similar, or even identical to correspondence previously addressed by CMS; accordingly, no further response from CMS is required. Moreover, because we have now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims. Based on the foregoing, we believe the record is clear that while CMS initially applied the $95.00 towards your principal balance in order to benefit you the most, CMS has now applied those funds towards outstanding fees due as of July 19, 2016. 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

June 24, 2016     Original response sent via regular mail   [redacted]   RE:                   Loan No.:                    [redacted]                         Complaint No.:             [redacted]                         Borrower:                    [redacted]                         Co-borrower:               [redacted]                         Property Address:        [redacted]   Dear Mr. & Mrs. [redacted]:                                         ...⇄ The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com (“Revdex.com”) received in our office via email on June 13, 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 rebuttal, you are dissatisfied with the response that you recently received from our department. Specifically, you continue to claim that CMS misapplied your mortgage payments and that your account should be current.   Based on a review of your allegations and the information submitted in connection with your rebuttal, we respectfully submit that all of the concerns you have raised in your rebuttal have been thoroughly addressed in our initial response. Consequently, we strongly encourage you to review our initial response in its entirety.   To the extent that you continue to believe that CMS has improperly serviced your account or misapplied your mortgage payments, we ask that you provide whatever evidence you may have of the purported servicing error or misapplied mortgage payments. To expedite receipt of the additional information, please send it via facsimile directly to my attention at (949) 666-5802. In the absence of any such evidence, we respectfully submit that CMS has properly serviced your account pursuant to the terms of your mortgage loan agreement and in accordance with applicable law and program guidelines. Moreover, we also respectfully submit that all of your mortgage payments have been applied to your account and that all of the fees assessed on your account are proper and valid.   Furthermore, because CMS has now addressed these issues on multiple occasions, our office will not respond to future correspondence raising substantially the same or identical claims. Nevertheless, if you want to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].   We trust that this communication addresses all of the concerns noted in your rebuttal. 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, [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].   ARKANSAS Arkansas Residents Only: Carrington Mortgage Services, LLC ('CMS') is licensed with the Arkansas Securities Department. You may file complaints about CMS with the Arkansas Securities Department (Department) at [redacted]. You may obtain further information by calling the Department's general information number at [redacted] or toll-free, [redacted] or faxing the Department at [redacted] or visiting the Department's website at [redacted]. For a list of standard or common loan servicing fees charged by CMS, please visit the CMS website at [redacted].

June 22, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Primary Borrower: [redacted]
Secondary Borrower: [redacted]
Property Address: [redacted]...

[redacted]
Dear Mr. & Mrs. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) regarding the above referenced loan received in our office via email on May 27, 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 you are aware, our Customer Service Research Department (“CSRD”) originally received your inquiry via fax on May 7, 2015. Please note that your initial inquiry raises the exact same issues as your current inquiry. Accordingly, CMS researched your loan and a response was sent to you on May 20, 2015. For your reference, attached hereto as Exhibit “1” please find a copy of CSRD’s response to you.
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 your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

August 6, 2015
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Ms. [redacted]:
The [redacted]...

Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on July 13, 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 $551.40.
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. This information is outlined within the second paragraph on page two of the Hello Letter. This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.
While CMS is uncertain as to why you believe that you would not have to pay the mortgage payment that was due at the time of the service transfer, please be advised that RESPA does not absolve borrowers of the obligation to make payments during this sixty day period, nor does it permanently insulate borrowers against the consequences of failure to make timely payments. After a thorough review of your loan, CMS is unable to locate any evidence that you were informed that you would not have to make mortgage payments during this sixty day period; however, you were notified that CMS would not treat any payment as late during this sixty day period. Nevertheless, CMS sincerely apologizes if you understood this statement to indicate that you would not be responsible to make the payments due at the time of the service transfer.
As you are aware, CMS initially spoke with you on April 24, 2015. During this phone call, the CMS representative provided you with the status of your loan and specifically notified you that your April 1, 2015 mortgage payment was past due. Our records indicate that you inquired into the sixty day RESPA period and the CMS representative clearly informed you that you would be required to pay the April 1, 2015 mortgage payment and that you would not be assessed a late charge during the sixty day RESPA period. Moreover, you were also notified that once the RESPA sixty day period expired, a late charge would be assessed if the full contractual payment was not received by CMS on or before the sixteenth day of the month.
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. 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.
On May 11, 2015, CMS ordered a property inspection to determine whether the property was vacant in an effort to protect the security interest in the property. A copy of the property inspection invoice is attached for your ease of reference. At the time this property inspection was ordered, you had failed to perform the covenants and agreements contained in your Security Instrument as your loan was in default for the April 1, 2015 mortgage payment. CMS conducts property inspections under such circumstances to ensure that the value of the collateral is being preserved. Because this property inspection was lawful as outlined within Section 5, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds of the attached Deed of Trust, CMS respectfully declines your request to waive the $20.00 property inspection fee. The pertinent information is outlined below for your ease of reference.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds. Borrower shall occupy, establish, and use the property as borrower’s principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the property) and shall continue to occupy the Property as borrower’s principal residence for at least one year after the date of occupancy, unless lender determines that requirement will cause undue hardship for borrower, or unless extenuating circumstances exist which are beyond borrower’s control. Borrower shall notify lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage, or substantially change the property or allow the property to deteriorate, reasonable wear and tear excepted. Lender may inspect the property if the property is vacant or abandoned or the loan is in default. (Emphasis added.)
Although CMS spoke with you on April 24, 2015 and notified you that your April 1, 2015 mortgage payment was past due, CMS did not receive your April 1, 2015 payment until May 12, 2015. That day, CMS received funds in the amount of $1,102.80 which was sufficient to satisfy the April 1, 2015 and May 1, 2015 mortgage payments in the amount of $551.40 each. CMS is able to confirm that your loan was not assessed a late charge for the April 1, 2015 mortgage payment. On June 8, 2015, CMS received and applied your June 1, 2015 mortgage payment.
On July 1, 2015, the property inspection fee in the amount of $20.00 was assessed to your loan for the property inspection completed on May 19, 2015. On July 6, 2015, you contacted CMS and questioned the $20.00 fee assessed to your loan. The CMS representative informed you that the fee was assessed on July 1, 2015 and after you requested to speak to a supervisor your call was transferred to the available CMS supervisor. The CMS supervisor explained that the fee was assessed to your loan for a property inspection and politely declined your request to waive the valid property inspection fee.
On July 10, 2015, you contacted CMS and again requested that CMS waive the $20.00 property inspection fee. The CMS representative declined your request to waive the valid property inspection fee and you again requested to speak to a CMS supervisor. Regretfully, a CMS supervisor was unavailable to speak with you at that exact moment; however, the supervisor again directed the CMS representative to decline your request to waive the $20.00 property inspection fee. The CMS representative provided you with CMS’s Customer Service Research Department’s fax number to send your request to CMS in writing. On July 13, 2015, CMS received and applied your July 1, 2015 mortgage payment. As of the date of this letter, your loan is contractually current and showing due for the August 1, 2015 mortgage payment in the amount of $588.17.
Finally, regarding the alleged poor customer service and communication you received, CMS is unable to locate any evidence that any CMS representative that you spoke with was unprofessional in any way. While CMS understands your dissatisfaction with the fact that the property inspection fee would not be waived, we believe that each CMS representative professionally and politely assisted you to the fullest extent possible. Regardless, CMS sincerely apologizes for any perceived inappropriate communication that you believe you may have received.
Based on the foregoing, we believe the record is clear that CMS has properly serviced your loan, and properly assessed a $20.00 fee to your loan for the property inspection ordered on May 11, 2015 while your loan was contractually in default and showing due for the April 1, 2015 mortgage payment. 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 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].
-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].
-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].
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].

March 9, 2017     Original Response Sent Via Regular Mail   [redacted]   RE:      Loan No.:                   ...

[redacted]                         Property Address:       [redacted] Complaint ID:             [redacted]                      Dear Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on February 17, 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 the complaint, you state you processed two mortgage payments in error via CMS’s website during the month of January 2017.  You further state that because CMS’s website did not allow you to cancel one of the scheduled payments, you were charged two Non-Sufficient Funds (“NSF”) fees.  Your desired resolution is to have the NSF fees refunded to you.   A review of our records found that on January 8, 2017, you accessed CMS’s website and scheduled an online payment of $740.15 to be processed on January 15, 2017.  After you submitted your payment, you were provided with confirmation number [redacted].  It should be noted that in order for you to complete a payment via CMS’s website it is necessary for you to acknowledge and accept the terms and conditions to use the website.  The terms and conditions specifically include the following notification: “All payments are considered final at the time they are submitted.  Payment cancellations cannot be made once a payment is submitted and a confirmation number has been provided.”  It is also important to note CMS has been unable to locate any evidence that you attempted to contact CMS directly about cancelling this payment.   On January 12, 2017, you again accessed CMS’s website and processed a payment in the amount of $740.15.  After you submitted your payment, you were provided with confirmation number [redacted].  These funds were applied to your January 1, 2017 payment that same day.  After the application of these funds, your loan was contractually current and due for the February 1, 2017 payment in the amount of $731.23.    Because January 15, 2017 fell on a Sunday, on January 16, 2017, the online payment you processed on January 8, 2017 was applied to the February 1, 2017 mortgage payment of $731.23 and the remaining $8.92 was applied towards the principal balance.  After the application of these funds, your loan was contractually current and showing due for the March 1, 2017 payment in the amount of $731.23.   On January 24, 2017, you contacted CMS and informed the CMS representative that you had inadvertently processed two payments via CMS website in error.  The CMS representative reviewed your account and confirmed that both mortgage payments were applied to your loan on January 12, 2017 and January 16, 2017, respectively.  The CMS representative further informed you that if you wished to have the additional payment refunded to you, it would be necessary for you to provide CMS with a copy of your bank statement showing the payments had been debited from your account.  The CMS representative instructed you to fax the information to (317) 219-0643.   Later that day, CMS received the attached letter from PenFed Credit Union stating that the Automated Clearing House (“ACH”) debit transfer in the amount of $740.15 was processed on January 13, 2017.  Because the correspondence did not include any instructions, it only confirmed that a payment was debited from your account. A CMS representative attempted to contact you by telephone that same day.  Unfortunately, the CMS representative was unable to make contact with you; however, a message was left on your voicemail requesting that you contact CMS to further discuss the status of your loan.   On January 25, 2017, your financial institution notified CMS that the online payment processed on January 16, 2017 was returned unpaid due to non-sufficient funds. As a result, CMS reversed the mortgage payment making your loan due for the February 1, 2017 mortgage payment.  An NSF fee in the amount of $10.00 was assessed in connection with the online payment that was returned unpaid that same day.  The attached Return Speed Pay letter advising you of the returned payment was sent to you on January 26, 2017.       On February 9, 2017, you again accessed CMS’s website and processed a payment in the amount of $741.23.  After you submitted your payment, you were provided with confirmation number 7193854.  These funds were applied to your February 1, 2017 payment of $731.23, and the remaining $10.00 was applied towards the outstanding NSF fee.  After the application of these funds, your loan was contractually current and showing due for the March 1, 2017 payment in the amount of $731.23.   On February 17, 2017, you contacted CMS to request that the $10.00 NSF fee be refunded to you because you inadvertently processed two payments via CMS’s website.  The CMS representative informed you that it would be necessary for you to send in a written request to CMS’s Customer Service Research Department in order to dispute the NSF fee.  You requested to have your telephone call transferred to the department that could refund the NSF fee back to you.  The CMS representative informed you that particular department did not take telephone calls and once again encouraged you to submit a signed written request disputing the fee.  However, you terminated the call before the CMS representative could provide you with the contact information for the Customer Service Research Department.    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 the January 16, 2017 online payment was returned unpaid by your banking institution due to non-sufficient funds in your account.  It is also clear that that the NSF Fee of $10.00 in connection with January 16, 2016 online payment was properly assessed to your loan and was not attributed to a CMS handling or posting error.  Therefore, CMS respectfully declines your request to refund the valid NSF fee to you.  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, Pacific Time.   Sincerely,     [redacted] Customer Advocate   CC:      Revdex.com

November 6, 2015
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Dear Mr. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com...

(“Revdex.com”) received 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 your inquiry.
As we understand your complaint, you state your loan transferred from [redacted] (“[redacted]”) to CMS and that you were to begin making your payments to CMS starting August 1, 2015. You state that you made your last payment to [redacted] in July 2015 and forwarded your August 1, 2015 payment to CMS. You also mentioned that you received notification from CMS dated August 12, 2015 in which you were advised the loan had a balance of $279,000.00. You stated that you submitted a written letter of dispute to CMS regarding the principal balance of your loan; however, CMS declined to respond to your request as your written letter of dispute was not signed. Lastly, you allege CMS Representatives have been rude and unconcerned regarding your request. Your desired resolution is for CMS to research the principal balance of your loan, provide documentation that would support the principal balance as indicated in the letter dated August 12, 2015, and validate that the July 1, 2015 payment was made to [redacted].
We have completed a review of your loan and note that on April 17, 2015, you signed and agreed to a Loan Modification Agreement with [redacted]. At that time the principal balance payable under the Note and Security Instrument was adjusted to $277,948.32 to secure repayment of past due interest and funds advanced by CMS on your behalf. In reviewing the Loan Modification Agreement, the interest rate was fixed at 3.875% beginning on May 1, 2015. The principal and interest portion of your modified payment was $1,307.02 beginning with the May 1, 2015 payment.
In reviewing the Loan Modification Agreement, section five clearly states that you agree to the continuation of the escrow account for the purpose of paying property taxes and insurance in addition to the monthly principal and interest payments. At the time your modification was completed, the monthly property tax payment was $246.34 and the monthly hazard insurance payment was $63.42 for a total escrow payment of $309.76. Your total payment at the time of your modification was $1,616.78. For your ease of reference, I have included a copy of the Loan Modification Agreement received from [redacted] for your review.
On May 5, 2015, our records indicate a payment was submitted to [redacted] in the amount of $1,303.00. Since the funds were not sufficient to make a complete payment, [redacted] placed the funds in unapplied/suspense.
On May 11, 2015, our records indicate a payment of $160.00 was submitted to [redacted] and the funds were added to the $1,303.00 bringing the total in unapplied/suspense to $1,463.00. Since the funds were not sufficient to complete the May 1, 2015 payment of $1,616.78, the balance remained in unapplied/suspense.
On June 11, 2015, our records indicate the May 1, 2015 payment was received and posted by [redacted] received $1,304.00 and reversed $312.78 from unapplied/suspense and applied the funds to your loan as follows: $409.48 to principal, $897.54 to interest and $309.76 to escrow for a total payment applied of $1,616.78. After funds were received and posted to your loan, your loan was next due for the June 1, 2015 payment with a remaining balance in unapplied/suspense of $1,150.22.
On July 9, 2015, our records indicate the June 1, 2015 payment was received and posted by [redacted] received $1,304.00 and reversed $312.78 from unapplied/suspense and applied the funds to your loan as follows: $410.80 to principal, $896.22 to interest and $309.76 to escrow for a total payment applied of $1,616.78. After funds were received and posted to your loan, your loan was next due for the July 1, 2015 payment with a remaining balance in unapplied/suspense of $837.44. For your ease of reference, I have included a copy of the [redacted] Billing Statement for your review.
On August 1, 2015, your loan transferred from [redacted] to CMS with an unapplied/suspense balance of $837.44, negative escrow balance of $1,569.49 and a principal balance of $277,128.04.
On August 11, 2015, CMS received $1,308.00 and placed the funds in unapplied/suspense leaving a balance of $2,145.44.
On August 12, 2015, CMS issued a Notice to you which provided a total amount owed at the time of $279,592.42. The total debt listed in the correspondence was calculated by adding the unpaid principal balance of $277,128.04, outstanding interest due of $894.89, outstanding fees of $0.00, then adding the negative escrow balance of $1,569.49. For your ease of reference, attached is a copy of this notice. On August 17, 2015, CMS reversed $1,616.78 from unapplied/suspense and applied these funds to the July 1, 2015 payment. The funds were applied to your loan as follows: $412.13 to principal, $894.89 to interest and $309.76 to escrow. The balance left in unapplied/suspense after the July 1, 2015 payment posted was $528.66.
On August 24, 2015, the Customer Research Department received your request disputing the principal balance of your loan; however, the request failed to contain a valid signature for response. The Customer Research Department issued a response and advised you that in an effort to protect the privacy of your financial information, CMS requires your true signature on all written inquiries before providing a response. The letter also stated that once you had signed and returned the written inquiry, it would be further reviewed. Please be advised that it is CMS’s policy that all written requests must contain the borrower’s actual signature as validated by comparison with one or more of the signatures contained within 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. CMS respectfully submits that the practice to require a physically signed request is common within the mortgage servicing industry.

On September 8, 2015, CMS received $1,305.00, reversed $311.78 from unapplied/suspense and posted these funds to the August 1, 2015 payment. The funds were applied to your loan as follows: $413.46 to principal, $893.56 to interest and $309.76 to escrow. The balance left in unapplied/suspense after the August 1, 2015 payment posted was $216.88.
On September 23, 2015, our records indicate you contacted our Customer Service Department for a current status of your dispute. During your conversation, the Customer Service Representative indicated the process was closed; however, it appears that the information provided to you by the Customer Service Representative was not an accurate statement as it was not related to your complaint. In reviewing our servicing system, the agent provided you information as it related to your active Chapter 13 Bankruptcy and had no bearing on the initial complaint which was returned to you on August 24, 2015. Our records do not indicate an additional dispute being received in the month of September 2015; however, our servicing system reflects receipt of your signed dispute on October 27, 2015.
On October 1, 2015, CMS analyzed your escrow account as required by law within the first sixty (60) days of acquiring the loan. At the time your loan was analyzed the projected escrow disbursements totaled $3,647.02, which consisted of two county tax disbursements each at $1,458.01 and a hazard insurance disbursement of $731.00 for a scheduled monthly escrow payment of $303.91. The escrow analysis projected a negative escrow shortage of $1,844.25, which consisted of a projected negative escrow balance of $1,236.43 in July 2016. This negative balance is in addition to the required one sixth (1/6th) or two (2) months escrow payments of $607.82 resulting in a monthly escrow shortage payment of $153.68. The updated monthly escrow payment of $457.59 consisted of the following: monthly escrow payment of $303.91 and monthly escrow shortage payment of $153.68. This analysis is set to increase your monthly mortgage payment from $1,616.78 to $1,764.61 beginning with the December 1, 2015 payment. Please note the analysis performed on your loan was due to the service transfer from [redacted] to CMS, thus ensuring the proper amounts and required escrow cushion are being maintained in your escrow account. For your ease of reference I have included a copy of the escrow analysis for your review.
Please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.
Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two (2) months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve (12) months, unless state law allows for a lesser amount. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].
On November 2, 2015, CMS received a payment of $1,350.00 and reversed $216.88 from unapplied/suspense. As your payment was short by $49.90, CMS had no other option but to short your escrow account in order to complete the September 1, 2015 payment. The funds were applied to your loan as follows: $414.79 to principal, $892.23 to interest and $259.86 to escrow. The balance left in unapplied/suspense after the September 1, 2015 payment posted was $0.00. For your ease of reference, attached is a current payment history which supports the above information.
Based on the foregoing, our review has determined the amount of $279,592.42 provided to you in the August 12, 2015 Notice is accurate. In summary, our records reflected the Notice included your modified loan principal balance of $277,948.32, interest of $894.89 and negative escrow balance of $1,569.49. In addition, the complaint received by our Customer Service Research Department on August 24, 2015 was returned to you as it did not contain your signature. As noted above, CMS policy requires your true signature on all written documentation before providing a response.
As of the date of this letter the above-referenced loan is due for the October 1, 2015 payment of $1,616.78 and the November 1, 2015 payment of $1,616.78 for a total amount due of $3,283.46. Our records also reflect your loan is currently in an active bankruptcy status.
Lastly, regarding the alleged poor customer service and communication you received, an investigation concerning your allegations will be conducted by CMS, and CMS will take whatever action necessary in light of our findings. We would like to thank you for feedback and apologize for any inappropriate communication that may have occurred.

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]
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].

September 18, 2015
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Dear Mr. & 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 25, 2015. CMS is committed to responsible lending and servicing and we would like to address your current concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you state that you contacted CMS on multiple occasions in order to obtain a payoff statement and that each time you contacted the Customer Service Department you were advised that the turnaround time to produce the requested document would be forty-eight (48) to seventy-two (72) hours. However, as of August 25, 2015 you still had not received the requested payoff statement. You feel that CMS failed to provide the documentation to you in the required turnaround timeframe and was withholding your loan information.
A further review of your account and our records indicate that your loan was transferred to CMS from [redacted] on August 1, 2015. On August 13, 2015 you contacted CMS directly along with your unauthorized third party Credit Plus. As CMS did not have your written consent to disclose account information to Credit Plus, you granted CMS a one-time verbal authorization to disclose account information to Credit Plus. The purpose of the call was to validate your account information with CMS. During the conversation with Credit Plus, there was no request for payoff information.

On August 17, 2015, our records indicate that an unauthorized third party, [redacted] from [redacted] contacted our Customer Service Department to follow up on a payoff request submitted on August 13, 2015. In addition, Mr. [redacted] was also following up to confirm that CMS was also in receipt of your third party authorization in order to disclose account information to Mr. [redacted]. At the time of the call the CMS representative advised the unauthorized third party that the required authorization had not been received.
The following day, Mr. [redacted] contacted CMS again to inquire if the payoff statement had been generated. Our CMS representative confirmed that a payoff statement had not yet been generated nor were there any notations regarding a payoff request being received in our system. On August 19, 2015, Mr. [redacted] contacted CMS yet again and was advised to re-fax his request for a payoff.
Our records indicate that the first payoff request was received via our Payoff Inbox on August 21, 2015 which included the third party authorization and initial payoff request faxed to CMS on August 13, 2015. We reviewed the payoff faxes received in our office on August 13, 2015 and were unable to locate the fax in question; however, we sincerely apologize for any inconvenience this delay may have caused you.
We note a duplicate payoff request was also received on August 24, 2015 and that same day a request was submitted to our Bankruptcy Department requesting validation of any fees and costs that may be associated with the prior bankruptcy on your loan. Accordingly, a duplicate request was submitted to our Bankruptcy Department on August 25, 2015 to validate any fees and costs that may be associated with the prior bankruptcy.
On August 26, 2015, the request for payoff was escalated by a Customer Service Manager. That same day CMS received two additional payoff requests through CMS’ Loan Servicing Website. Later that day, two payoff statements were generated one good through September 1, 2015 and one good through October 1, 2015. Our records indicate payoff statements were sent via fax and email to [redacted] and via regular mail to [redacted].
Lastly, our review shows that CMS received payoff funds on September 1, 2015 in the amount of $137,384.80. The funds were applied to your loan as follows: $135,431.80 to Principal, $1,467.18 to interest and $485.82 to Escrow. There was is a balance of $735.96 in escrow which was refunded to you on September 5, 2015.
We trust this communication addresses all of the concerns noted in your complaint. If you have further questions, please contact the undersigned at [redacted], Monday through Friday from 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
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].
NORTH CAROLINA:
Carrington Mortgage Services, LLC is licensed under the North Carolina Agency Permit No. 102107 & 103455 and North Carolina Secure and Fair Enforcement Mortgage Licensing Act. [redacted].

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

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 was told when we made our last payment in the month of Novemebr 2016 tht we had a zero balance. They applied the funds we sent them incorrectly and that is how we are still having a balance. I think this is wrong and we need it corrected. We had a 0 balance and now a 929.77 balance. This needs to be fixed. I m not paying anymore fees as I was told and paid all our fees in Novemebr 2016
Regards,
[redacted]

June 18, 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”) regarding the above- referenced loan received in our office via e-mail on May 26, 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] (“[redacted]”) to CMS on April 2, 2015. You go on to say that you paid your April 1, 2015 payment to [redacted] and that [redacted] sent your payment to CMS via a wire transfer on April 21, 2015. Moreover, you also say that you received a billing statement on April 24, 2015 and it did not reflect receipt of your April 1, 2015 payment. Consequently, you faxed and mailed documentation confirming you had paid your April 1, 2015 payment to [redacted] and asked CMS to search for the missing payment. Additionally, you attempted to pay your May 1, 2015 payment online and the website only allowed you to pay the total amount due including the missing April 1, 2015 payment. You also say that you received a Notice of Intent to Foreclose and feel that such notice contradicts the sixty (60) day grace period that our Notice of Servicing Transfer (“Hello letter”) informed you about. Therefore, your desired resolution is for CMS to confirm receipt of your April 1, 2015 and May 1, 2015 payment, that any late fees assessed be waived, that all negative credit reporting be deleted, and that your property not be referred to foreclosure.
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 our research, we have received confirmation that the prior servicer received your April 1, 2015 payment, which was inadvertently applied to an incorrect account. The prior servicer is now in the process of retrieving your payment from the incorrect account and sending that
payment to CMS via a wire transfer. Once CMS receives your April 1, 2015 payment, it will be applied to your account as of the date that was received by the prior servicer.
As of the date of this letter, our records indicate CMS received your two (2) most recent payments. The first payment was received on May 22, 2015 in the amount of $1,376.00 and applied to your April 1, 2015 payment. Your second payment was received on June 15, 2015 in the amount of $1,376.00 and applied to your May 1, 2015 payment. CMS will continue to work with the prior servicer to make sure that your April payment is transmitted and applied to your account accordingly.
Most importantly, rest assured that you will not be charged with any late fees for the April payment and CMS will correct any late payments reported to the credit bureaus during the time period at issue.
As for the delinquency notices, please note that they were all sent inadvertently; hence, you should disregard those notices. Please accept our apologies for any inconvenience this may have caused you. CMS remains committed to the highest standards of customer satisfaction and it is our goal to work with you and provide you with the excellent service you deserve.
As a reminder, if you would like to view your recent payment activity, download a copy of your most recent billing statement, or make a payment, CMS encourages you to log in to your online account by visiting [redacted]. Please note that by accessing your online account you will be able to view your monthly mortgage statements more quickly than waiting for a physical copy to arrive in the mail.
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, P.O. Box 3489, Anaheim, CA 92803 or fax your correspondence to [redacted]4. Lastly, if you wish to learn more about the additional services available at CMS please visit our website at [redacted] to obtain that information.
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

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 told them I did not want my home owners insurance to be escrowed because I do not trust them,  however since it is paid it is too late at this point. I do not accept their apology nor do I accept that I must pay for 36 months for their error. I also told them insurance was due on the 27th, not the 16th as they write in their letter. I also did not speak to anyone from any insurance department on February 23. I will continue to make my monthly payments and will pay the increase but I will be looking to refinance shortly and will be contacting a lawyer. All further communication with this company will be through certified mail. Thank you. ]
Regards,
[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") and received in our office via email on April 7, 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 the complaint, you indicate that CMS increased your mortgage payment by $300.00 a month because CMS allegedly miscalculated your monthly escrow payment. Next, you claim that CMS added fees to your account, increased your payment without providing you notice, and that CMS's representatives have been unable to explain the reason for your increased payment. In addition you claim that CMS incorrectly reported payments as late to the credit reporting agencies. You would like CMS to remove your late fees and delinquent payment history reported to the credit agencies.At the outset, our records indicate that this Federal Housing Administration ("FHA") insured loan originated on or about December 18, 2008 for $161,426.00. Enclosed is a copy of your Note and Security Deed both dated December 18, 2008. Pursuant to the terms of your Note and Security Deed, you entered into a promise to pay the principal sum of $161,426.00 with payments due on the first day of each month beginning February 1, 2009. If CMS does not receive your full monthly payment by the end of the fifteenth calendar days after payment is due, a late charge may be collected.Although you indicate that CMS has been servicing this loan since 2009, our records indicate that this loan transferred from Bank of America to CMS on or about August 1, 2014. Enclosed is a copy of the Notice of Servicing Transfer ("Hello Letter") dated August 12, 2014, advising you of the transfer to CMS.regarding your assertion that CMS increased your mortgage payment by $300.00 a month because it miscalculated your escrow payment, we respectfully disagree. Our records do not reflect that your mortgage payment increased by $300.00. On or about March 31, 2015, you entered into an agreement to modify your loan by signing the enclosed Loan Modification Agreement ("LMA"). This loan modification capitalized the past-due amounts on the loan. Capitalization is the process of adding past-due amounts to the principal balance which becomes past due when the loan reaches maturity. Pursuant to the terms and conditions of the LMA, you were required to make all payments of taxes, insurance premiums, assessments, escrowed items, impounds, and all other required payments under the terms of the Note and Security Deed. Past-due amounts that are capitalized through a loan modification will include advances of escrowed items but will not include an escrow shortage.The loan modification brought your escrow current through the March 1, 2015 payment. Effective April 1, 20155, your new principal and interest payment was $831.98 and your monthly escrow payment was $211.95. Your total modified monthly payment was $1,043.93. A breakdown of your modified payment effective April 1, 2015 is as follows:            Principal & interest....................................................$831.98            Base monthly escrow collection...................................$211.95            Total monthly payment............................................$1,043.93Your first modified payment was due on April 1, 2015 for $1,043.93. Our records reflect that on April 7, 2015, CMS received $831.98 which is only the principal and interest portion of your total monthly payment. CMS was able to apply this payment to the account because there was enough money in suspense to post a full payment.When a partial payment is received, CMS may place the funds into a suspense account. Once CMS receives enough funds to apply a full payment, CMS will remove the funds from suspense and post the next chronological payment due on the account, Accordingly, when CMS received your second post-modification payment of $831.98 on May 6, 2015, the funds were held in suspense. On September 17, 2015, CMS sent the enclosed Late Charge Notice to your property address, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your full payment of $1,043.93 on or before the sixteenth calendar day of the month.In the complaint, you indicate that CMS increased your payment without providing you with notice. A review of our records indicates otherwise. After a loan modification is finalized, it is customary for CMS to complete an escrow analysis. On May 29, 2015, CMS completed the enclosed escrow analysis with an effective date of August 1, 2015. A copy of the escrow analysis was mailed to your property address. The purpose of the escrow analysis was to advise you of the projected escrow activity for your escrow cycle beginning August 1, 2015 and ending July 31, 2016.The escrow analysis projected two disbursements of your county tax at $335.44 each. Additionally, the analysis projected to disburse an annual hazard insurance premium of $1,148.00 and a monthly FHA insurance premium of $60.37. The escrow analysis projected an escrow cushion of $151.57 and a low point balance of -$606.27. This resulted in an escrow shortage of $757.84. Accordingly, CMS spread the shortage over a period of sixty months in order to reduce the impact on your monthly mortgage payment.Effective August 1, 2015, a breakdown of your new mortgage payment is as follows:           Principal & interest.......................................................$831.98           Base and monthly escrow collection................................$211.94           Monthly escrow shortage collection...................................$12.63           Total monthly payment...............................................$1,056.55A mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower's responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.The Real Estate Settlement Procedures Act ("RESPA") authorizes a maximum escrow cushion not to exceed 1/6th (i.e. up to two months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve months, unless state law allows for a lesser amount. When your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion. CMS does not include the disbursement of your yearly mortgage insurance premium in the collection of the 1/6th monthly escrow cushion amount. The escrow analysis projected a cushion of $151.57. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at http://portal.hud.gov/hudportal/HUD.Based on the calculations from the May 29. 2015 escrow analysis, your low point escrow analysis was $151.57. The escrow shortage resulted due to the difference between the projected low point of -606.27 and the escrow cushion projected at $151.57.On June 5, 2015, CMS received your partial payment of $831.98. Combined with the $831.98 that CMS received on May 6, 2015, CMS was able to apply $1043.93 to your May 1, 2015 payment. CMS placed the remaining $620.03 into suspense. On June 17, 2015, CMS sent the enclosed Late Charge Notice to your property address, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,043.93 on or before the sixteenth calendar day of the month.On July 6, 2015, CMS received another partial payment of $831.98. Combined with the $602.03 being held in suspense, CMS was able to apply $1,043.93 to your June 1, 2015 payment. CMS placed the remaining $408.08 into suspense. On July 17, 2015, CMS sent the enclosed Late Charge Notice to your property address, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,043.93 on or before the sixteenth calendar day of the month.On July 27, 2015, you called CMS and indicated that your modified payment was supposed to be 831.98. In response, a CMS representative explained that you were only paying the principal and interest portion of your monthly payment and that you would need to begin including the monthly escrow payment. You concluded the telephone call by indicating that you would check your modification documents.On august 6, 2015, CMS received $1,043.93 and applied the funds to your July 1, 2015 payment. On august 18, 2015, CMS sent you the enclosed Late Charge Notice, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,056.55 on or before the sixteenth calendar day of the month. On August 21, 2015, CMS received an additional $423.90 and added the funds to suspense. CMS was unable to apply another payment to the account because the amount in suspense was $831.98.On September 7, 2015, CMS received $1,043.93. However, pursuant to the escrow analysis dated May 29, 2015, your new payment amount effective August 1, 2015 was $1,056.55. Accordingly, CMS removed $12.62 from suspense and applied $1,056.55 to your August 1, 2015 payment. This left $819.36 remaining in suspense. On September 17, 2015, CMS sent you the enclosed Late Charge Notice, advising you that a late charge of $41.75 was assessed to your account because CMS had not received your payment of $1,056.55 on or before the sixteenth calendar day of the month. On September 19.2015, CMS received an additional $423.90 in funds. Combined with the $819.36 in suspense, CMS was able to apply $1,056.55 to your September 1, 2015 payment. CMS applied a portion of the remaining funds toward a $41.75 late fee, and due to the escrow account shortage, applied $144.96 to your escrow account.On September 25, 2015, CMS received two telephone calls from you.During both telephone calls, you indicated that CMS incorrectly placed funds into suspense. In response, both representatives explained that the funds were held in suspense because your loan was past due and there was not enough to make the next payment. The representative also explained in detail why your payment amount had increased.On September 29, 2015, CMS received funds totaling $600.00 and applied the funds to suspense. On October 4, 2015, CMS received a payment of $1,058.93. CMS removed the funds being held in suspense, applied $1056.55 to your October 1, 2015 payment, and applied the remaining $602.38 to your escrow account due to the escrow shortage. Thereafter, CMS received payments of $1,056.55 on November 5, 2015 and December 7, 2015. The funds were applied to the November 1, 2015 and December 1, 2015 payments.On December 18, 2015, CMS completed the enclosed escrow analysis with an effective date of February 1, 2016. A copy of the escrow analysis was mailed to your property address. The analysis projected a single disbursement for county taxes at $1,513.98 instead of two separate disbursements of $335.44 as previously required by [redacted] County. In addition, the county taxes from $670.88 annually to $1,513.98 annually. Your annual hazard insurance premium also increased from $1,148.00 to $1,333.00. The monthly FHA insurance premium of $60.37 remained the same. The escrow analysis projected an escrow cushion of $474.48 and a low point balance of -$1,30.60. The difference between these amounts is how an escrow shortage of $1,780.08 was calculated. the shortage resulted due to increases in hazard insurance and county taxes, the increased frequency of tax collection in [redacted] County, and the leftover escrow shortage already in the account. CMS spread the shortage of $1,780.08 over the remaining modified term of fifty-four months in order to reduce the impact on your monthly mortgage payment.Effective February 1, 2016, a breakdown of your new mortgage payment is as follows:            Principal & interest.................................................$831.98            Base monthly escrow collection................................$297.61            Monthly escrow shortage collection............................$32.96            Total monthly payment.........................................$1,162.55On January 5, 2016, CMS received $1,056.55 and applied the funds to your January 1, 2016 payment. On February 4, 2016, CMS received $1,056.55. However, because the amount received was less than the full payment of $1,162.55, CMS placed your payment of $1,056.55 into suspense. On March 7, 2016, CMS received another payment of $1,056.55. Combined with the funds in suspense, CMS was able to apply a full payment of $1,162.55 to your account. The remaining $950.55 was placed into suspense.In the complain, you state that CMS's representatives have not been able to explain the reason your payment increased, nor will CMS allow you to speak with a supervisor. After reviewing our records, including call recordings, we respectfully disagree with both assertions.On March 16, 2016, when you called CMS, you indicated that your credit report incorrectly reflected that payments were not received on-time. The representative explained that your payment increased pursuant to the December 18, 2015 escrow analysis and that CMS could not post a payment until enough funds were received on March 7, 2016. When you indicated that you were not receiving notice of payment changes, the representative confirmed that CMS had the correct mailing address on your account.After transferring the call to a supervisor per your request, you reiterated that you have not been receiving notice of any payment changes. The supervisor explained that CMS provided you with an escrow analysis for each payment change. You confirmed that you received the escrow analysis and admitted to not reading the entire analysis in full. Next, the supervisor explained in detail how to read the escrow analysis and where to locate any potential changes in your payment amount. The supervisor explained that you would need to pay your monthly escrow payment along with your loan's modified principal and interest payment of $831.98, that CMS spread the initial shortage of $757.84 over sixty months in order to make your payments more affordable, and that taxes and insurance increased after the May 29, 2015 escrow analysis was completed.During the conversation, the supervisor also indicated that your tax amount might be incorrect. The reason for this statement was that the taxes appeared to increase from $335.44 to $1,513.98 annually. However, the supervisor was unaware at the time that [redacted] County had changed the collection schedule from bi-annual to annual in addition to the increasing the tax amount from $670.88 annually to $1,513.98 annually.Later the same day, CMS collected a total of $1,375.00. Of the funds collected, CMS used $212.45 to complete your March 1, 2016 payment and applied the remaining $1,162.55 to your April 1, 2016 payment.Please note that CMS suppressed credit reporting for sixty days after receiving your written credit dispute. CMS is obligated by federal law to provide timely and accurate credit reporting in regard to loan information, loan status, and payment history. After reviewing our records, including your payment history, we determined that the information being reported to the major credit agencies accurately reflects your loan information and payment history. CMS will not be making any changes to your credit profile.Finally, because CMS's records accurately reflect the dates and amounts of each payment received, CMS will not be removing any late cahrges.We trust that this communication addresses all of the concerns noted in the complaint. Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may have. We can be reached at [redacted] Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. Sincerely,  [redacted]Customer Advocate

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.
Regards,
[redacted]
The total payment for January still includes the disputed $60.00 inspections fees from my original complaint. I would like for the $60.00 to be taken off my account. They said the inspection was done for occupancy of property but clearly they was take payments at the time they continue to do the inspections in November and in December.

July 1, 2016       [redacted]     RE:      Complaint ID:             [redacted] Loan No.:                    [redacted]             Property Address:       [redacted], [redacted]               Dear Mr. and Mrs. [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 June 20, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your Rebuttal, you state that our previous response neglected to mention your repeated attempts to have CMS modify the auto-draft date of your loan.  In addition, you allege that the date of your auto-draft with your prior servicer was not the 10th of the month as indicated by CMS.  Lastly, you indicate that CMS is inaccurately stating that May 11, 2016 was the date CMS was notified of your returned NSF payment.   We regret that you were dissatisfied with our response to your complaint.  CMS is committed to the highest standards of customer satisfaction and professionalism, and for this reason, we take all legitimate complaints regarding the conduct of our business very seriously.  Although we understand you are not pleased with the outcome, your complaint was investigated fairly and we believe it was resolved appropriately.    Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to clarify our response and address any outstanding concerns in this matter.    In response to the first item of your Rebuttal, as mentioned in our prior response, CMS records shows only one contact with you between the date of the service transfer and May 30, 2016.  That contact took place on December 14, 2015.  At that time, you called CMS to discuss the replacement of your December 2015 payment that had been returned unpaid by your bank.  We have reviewed our system notes pertaining to the call and listened to a recording of the call itself and have confirmed that, contrary to your claims, you did not mention that you wanted to change the auto-draft date on your loan during this call. The records show that the next contact with you after the December 14, 2015 call took place on May 31, 2016, which was after your auto-draft had been canceled.    In response to the second item of your Rebuttal, as mentioned in our prior response, CMS has processed your payments in accordance with the established auto-draft agreement that originated with your prior servicer and was transferred to CMS on October 2, 2015.  This auto-draft agreement indicated an auto-draft date of the 10th of each month beginning February 10, 2016. Additionally, please note that in our prior response we included a payment history that showed payment transactions from May 2, 2014 to June 4, 2016.  This payment history also shows that your payments from February 2016 to May 2016 were posted to your loan on the 10th of each month.    As mentioned in our prior response, if you believe you have evidence that the auto-draft payment date of the 10th of each month is not correct, we invite you to provide whatever evidence you may have that supports your claim so we can review this matter further. In the absence of any such evidence, we believe the record is clear that the auto-draft payments have been properly processed by CMS.    Lastly, as mentioned in our prior response, your May 1, 2016 payment was posted to your loan on May 10, 2016, and this payment was reversed upon receipt of the returned payment notification which was May 11, 2016.  This information can also be verified on the payment history that was included with the prior response.   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 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].