Carrington Mortgage Services LLC

November 6, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Primary Borrower: [redacted]
Property Address: [redacted]
Dear Mr. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com received in our office via e-mail on October 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 your inquiry.
As we understand your rebuttal, you allege that your loan was transferred from [redacted] (“[redacted]”) to CMS but that CMS has not provided you with any mortgage statements since the effective date of service transfer despite your prior verbal requests. Also, you state that you do not have access to your CMS online account and are therefore unable to confirm the correct amount of your monthly mortgage payments. As a result, your desired resolution is for CMS to provide you with monthly mortgage statements and to allow you access to your online account.
At the outset, please note that the servicing of your loan was transferred from [redacted] to CMS on or about April 2, 2015. At the time of the service transfer your loan was contractually current and due for the April 1, 2015 payment.
As a preliminary matter, please know that CMS’s policy is to cease any and all attempts to collect a debt pursuant to United States Bankruptcy laws on all active or discharged bankruptcy cases. The purpose of this policy is to protect CMS’s customers and to prevent any implication or misinterpretation that CMS may be attempting to collect a debt improperly. Based on a review of your account, our notes confirm that is the reason why CMS is not sending you monthly mortgage statements.
Upon further review, CMS’s Bankruptcy Department has confirmed that you were not the petitioner in the Chapter 7 bankruptcy filed on September 30, 2011, case number [redacted], in the United States Bankruptcy Court Western District of [redacted]. When your loan transferred from your prior servicer, CMS inadvertently updated your account to reflect that you had filed the aforesaid Chapter 7 bankruptcy and had been discharged of your mortgage debt. As a result, CMS immediately ceased any and all attempts to collect a debt including sending you monthly mortgage statements. CMS sincerely apologizes for this inadvertent error and for any inconveniences you may have experienced as a result.
That said, please accept this correspondence as confirmation that CMS has removed the bankruptcy discharge flag from your account, corrected the last twenty-four (24) months of your credit report with all major credit reporting bureaus ([redacted], [redacted], and [redacted]), and updated your account so you can receive monthly mortgage statements going forward. Please do allow for up to thirty (30) days for the credit bureaus to update and correct your credit report. Additionally, please note that your online account is currently unlocked and that you have the ability to access your account information by visiting our website at [redacted].
As a reminder, by accessing your online account you are also able to view your recent payment history, download a copy of your most recent billing statement or escrow analysis, or make a mortgage payment. Lastly, if you need assistance resetting your online account password please contact our Customer Service Department directly by calling [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time
As of the date of this correspondence, your payment history reflects that your account is paid through October 2015 and due for the November 1, 2015 payment in the amount of $687.40. For your reference, attached hereto as Exhibit “A” please find a twenty-four (24) month payment history and account balances along with the transaction codes and definitions.
Furthermore, we would like to take this opportunity to remind you that all payments are due on the first (1st) day of each month, and are considered late as of the second (2nd) day of the month. If the payment is not received by CMS on or before the sixteenth (16th) day of the month, a late fee will be assessed to your account. Also, any payment received by CMS after the month in which the payment became due may be reported to the credit bureaus as delinquent. Consequently, we strongly encourage you to remit your monthly mortgage payments to CMS on or before the due date to prevent any late fees or derogatory credit reporting for any unexpected issues that may arise when making your monthly mortgage payment.
In closing, we again sincerely apologize for CMS’s inadvertent error and for any inconveniences you may have experienced as a result. Nevertheless, please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].
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 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.
[Provide details of why you are not satisfied with this resolution. Please respond in this space ONLY] In the very brief period that Carrington has had my mortgage, how can the escrow be short such a large amount if it weren't for [redacted]!Over the period that [redacted] had my mortgage, they would increase my payment for whatever mortgage jargon reason, I would pay it for however long a period it was, then not long after, I would get a sizeable refund, why is that? Why would they give me a refund after I had just paid on a shortage they claim there was all along!Is this going to be the same sort of circus with Carrington, they up my payment for the reason given, then at some point in time, they send me a refund!
Regards,
[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. However let me add that the inability to correct issues due to technology "blocks" on a more timely basis doesn't reflect well on CMS in regards to "customer service". The many other financial institutions that I do business with have never had problems like this and more importantly not having the ability for a live person to directly take a payment over the phone as an alternative which I tried to do is a first. CMS should review this practice and come up with a better solution for resolving these kinds of issues again on a more timely and customer friendly basis.
Regards,
[redacted]

February 10, 2016
Sent via the Revdex.com Portal and U.S. Mail:
[redacted]
[redacted]
RE: Case Number: [redacted]
Loan 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”) and received in our office on January 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 the inquiry.
As we understand your complaint, you contend that you have left voice mails and sent faxes asking for a return telephone call from a Manager in the Home Retention Department. In addition, you feel that some of CMS’s customer service representatives have been rude to you and sometimes provided you with incorrect information. You are requesting a return call from a Manager in the Home Retention Department.
Our records indicate that your Federal Housing Authority (“FHA”) insured loan was modified on or about May 8, 2015. Under the terms of your loan modification, your new principal and interest payment is $297.21, beginning with your June 1, 2015 payment.
After your loan was modified, CMS received several mortgage assistance applications from you. CMS reviewed each application for consideration under the FHA Home Affordable Modification Program (“HAMP”). The FHA-HAMP review process follows the United States Department of Housing and Urban Development (“HUD”) guidelines that govern FHA loans.
HUD sets forth strict guidelines regarding allowable loss mitigation options that require CMS to review loans in a specific order known as the “FHA Waterfall.” The order of the FHA Waterfall as directed in the HUD Mortgagee Letter 2012-22 is as follows: Forbearance Plan, Loan Modification, FHA-HAMP Loan Modification, Short Sale and Deed in Lieu of Foreclosure.
The first review was initiated on July 22, 2015 and resulted in a non-approval decision on August 28, 2015. The non-approval decision was issued because you did not submit a complete package to CMS on or before August 27, 2015. The second review was initiated on September 10, 2015. On or about October 20, 2015, CMS issued a non-approval decision because HUD guidelines do not permit a loan to be modified more than once within a twenty-four month period. The third review was initiated on November 5, 2015. On or about November 30, 2015, CMS issued a non-approval decision because HUD guidelines do not permit a loan to be modified more than once within a twenty-four month period. Please note that CMS included your student loan debt in its calculations because your records indicated that your student loan deferment would expire in January 2016.
On or about December 10, 2015, you called CMS with your authorized third party, [redacted], on the line. The CMS representative explained that you were not eligible to receive a repayment plan under the Home Affordable Modification Program (“HAMP”) because your income was not sufficient to cure your arrearages within six months. After learning that CMS may have included your student loan debt in the loan modification calculations, you stated that CMS should not have included these expenses in its calculations. You requested to speak to Home Retention Department Manager [redacted] directly and address your appeal directly to him. Before ending the telephone call, the CMS representative explained that your appeal request would be reviewed by the first available Home Retention Department representative instead of Mr. [redacted].
On or about December 16, 2015, you faxed a written appeal letter to the CMS Home Retention Department. In the appeal, you explained that your student loan debt should not be included as an expense because your debt gets deferred each year. On or about December 30, 2015, CMS issued the enclosed Formal Appeal Notification, advising you that your appeal was denied.
On or about January 4, 2016, you called CMS to discuss your appeal decision and requested to speak directly with Mr. [redacted]. However, Mr. [redacted] was unavailable to take your call so the CMS representative transferred you to Mr. [redacted]’s voicemail.
Shortly after we received your complaint, we contacted you to determine the full extent of the issues raised in the complaint. During a January 15, 2016 telephone call, you explained that you fell behind on your mortgage payments due to an injury you sustained. You also advised us that you began working with housing counselor [redacted] to prepare and submit a complete mortgage assistance application.
On or about January 22, 2016, CMS received your new hardship package. Unfortunately, CMS was unable to approve you for a modification or repayment plan. You did not qualify for a repayment plan because your income was not sufficient to cure your arrearages within six months, and you did not qualify for a loan modification because HUD guidelines permit only one loan modification within a twenty-four month period. Please note that CMS did not include your student loan debt or credit card debt in this review.
In the complaint, you state that CMS’s customer service representatives provided you with incorrect information. We have reviewed our records, including call recordings, and could not find any indication that you were provided with incorrect information. You also state that some of CMS’s representatives may have been rude to you. Although we could not find any records indicating that CMS’s representatives were not courteous to you, we would like to apologize for any poor customer service or communication that you may have received.
Regarding your assertion that your voicemails and faxes to [redacted] went unreturned, please note that CMS’s representatives may be unable to return missed telephone calls if sufficient callback information is not provided to them. Furthermore, our representative advised you during your December 10, 2015 telephone call that your appeal documents would be reviewed by the first available Home Retention Department representative instead of Mr. [redacted].
Notwithstanding the above, Mr. [redacted] placed a courtesy call to you on February 8, 2016. During this telephone call, you advised Mr. [redacted] that you were unable to recall if you provided your call back information in the voicemail. After Mr. [redacted] explained why you did not qualify for a formal repayment plan or loan modification, you requested that Mr. [redacted] explain the same to your housing counselor, Mr. [redacted]. Mr. [redacted] attempted to reach Mr. [redacted] the same day; however Mr. [redacted] was unavailable.
Your loan is now due for the June 1, 2015 payment. If you wish to bring your loan current, you will need to send a payment for $5,303.79 to CMS. For your convenience we have enclosed a Reinstatement Quote, good through February 29, 2016. The funds will need to be sent via certified funds to the following address:
Carrington Mortgage Services, LLC
Attn: Cashiering
[redacted]
We trust that this communication addresses all of your concerns noted in the complaint. Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may have. We can be reached at [redacted] Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
Enclosures: Reinstatement Quote dated February 10, 2016

July 7, 2016  [redacted]  RE:      Complaint No:            [redacted]Loan No.: ...

                  [redacted]Property Address:       [redacted]            Dear Ms. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on June 15, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry. As we understand your complaint, you claim that CMS is inaccurately reporting your March and April 2016 payments late to the credit agencies.  As a preliminary matter, please note that our CMS Customer Research Department originally received an inquiry from you on April 27, 2016, which raises the exact same issues as this current complaint. Accordingly, CMS researched the loan and a response was sent to you on May 25, 2016. For your ease of reference, attached hereto please find a copy of CMS’s response dated May 25, 2016.  We regret that you are dissatisfied with our response of May 25, 2016.  CMS is committed to the highest standards of customer satisfaction and professionalism, and we take all legitimate complaints regarding the conduct of our business very seriously.  Although we understand you were not pleased with the outcome, the complaint was investigated fairly and we believe it was resolved appropriately.   Nevertheless, as an expression of our commitment to the highest standards of customer satisfaction, we would like to take this opportunity to further clarify our response in this matter. Upon further review, our records show that on March 25, 2016 CMS sent an amended payoff statement to Home Point Financial that showed a payoff amount of $206,035.85, good to April 1, 2016.  Please note that at the time, your loan was showing due for the March 1, 2016 payment.   Attached for your ease of reference is a copy of this payoff statement.   Subsequently, on April 1, 2016 CMS received the payoff in the amount of $206,035.85.  That same day this payment was applied as a payoff of your loan.  Once again, please note that at the time, your loan was still showing due for the March 1, 2016 payment.   Below, for your ease of reference is a summary of how these payoff funds were applied to your loan. Principal Balance:                               $203,821.15Interest:                                               $    1,698.50Recording Costs:                                $         86.00Late Fees:                                            $         64.77FHA MI Insurance Premium:             $       184.94Escrow Account Shortage:                 $       180.49                        Total:                                     ...⇄ $206,035.85  As mentioned in our prior response, CMS reported to the credit agencies that the March 1, 2016 payment was received by CMS thirty days late, and that your loan was paid in full on April 1, 2016.  Additionally, our records do not show any derogatory report for the April 1, 2016 payment.   Under the circumstances CMS has determined that the information we reported to the major credit bureaus properly reflects the your payment history and loan information.  We are, therefore, unable to make the requested changes to the reported information.  It is important to note that CMS is obligated by federal law to provide timely and accurate credit reporting in regards to the current loan status, payment history and loan information of our borrowers.   Finally, 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 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].

August 13, 2015
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

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

Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on July 17, 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, after the servicing of your loan was transferred to CMS you have requested CMS to establish automatic reoccurring monthly drafts for the payment of your loan. You are dissatisfied that CMS has not processed your request timely. You also state that you have experienced difficulty contacting CMS because your calls to CMS have been placed on an extended hold and some have resulted in your call being disconnected.
As you are aware, the servicing of this Veteran’s Administration (“VA”) 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 $1,448.25. This payment was made up of principal and interest in the amount of $1,161.31 and a monthly escrow payment in the amount of $286.94.
A review of our records found that on April 20, 2015, you contacted CMS in regards to difficulty you were experiencing accessing CMS Loan Servicing Website (“LSW”). During this phone conversation, the CMS representative provided you with information to assist you in successfully accessing CMS LSW. On April 22, 2015, CMS attempted to contact you to secure the April 1, 2015 mortgage payment and because the call was not answered, the CMS representative left you a message asking you to return CMS’s phone call.
On April 24, 2015, you returned CMS’s phone call and informed the CMS representative that you unsuccessfully attempted to make a payment on CMS’s LSW. Because the April 1, 2105 mortgage payment was unpaid at that time, you explained that you would attempt to successfully pay the April 1, 2015 mortgage payment via CMS’s LSW. On April 24, 2015, CMS received and applied your April 1, 2015 mortgage payment via CMS’s LSW.
April 27, 2015, CMS received the attached Auto Draft Authorization (“ADA”) form requesting CMS to establish automatic reoccurring monthly drafts for the payment of your mortgage on the sixteenth day of each month. CMS is able to confirm that while the banking information was entered into CMS’s loan servicing system, the automatic reoccurring monthly draft was not activated due to an inadvertent clerical error. CMS would like to take this opportunity to sincerely apologize for any inconvenience you may have experienced to the unintentional clerical error that caused the automatic reoccurring monthly drafts for the payment of your loan not to be fully processed.
On May 14, 2015, CMS spoke with you and during this phone conversation, you inquired whether CMS had activated the automatic reoccurring monthly drafts for the payment of your loan. Because it typically can take up to forty-five days to establish the re-occurring drafts, the CMS representative informed you to continue making mortgage payments until you were notified by CMS in writing that the re-occurring drafts were established.
On May 15, 2015, CMS received and applied your May 1, 2015 mortgage payment. On June 16, 2015, CMS received and applied your June 1, 2015 mortgage payment. On July 16, 2015, CMS received and applied your July 1, 2015 mortgage payment. It is important to note that each of the above referenced mortgage payments were made via CMS’s no-cost online payment option.
Upon receipt of your complaint, CMS has taken the appropriate actions to establish and activate your request for CMS to establish automatic reoccurring monthly drafts for the payment of your mortgage. CMS is able to confirm that your full mortgage payment in the amount of $1,447.91 will automatically draft from your bank account beginning on September 16, 2015. Another letter will also be sent to you shortly under separate cover outlining this information. Again, CMS sincerely apologizes for any inconvenience you may have experienced to the unintentional clerical error that caused the automatic reoccurring monthly drafts for the payment of your loan to be delayed.
In regards to your claims that you have been unable to contact CMS because your calls have been placed on hold or disconnected, CMS is unable to locate any evidence that there is an issue with CMS’s phone system. While it is common that CMS experiences higher call volumes on the first day of the month, the sixteenth day of the month, and the last business day of the month, CMS is unaware of any systematic issues that would cause your calls to be disconnected. CMS is uncertain if you were making these calls from a mobile phone and if any calls that may have been disconnected may have been a result of loss of cellular reception. Regardless, CMS apologizes for any perceived telephone issues that caused your call to be disconnected.
Based on the foregoing, we believe the record is clear that once CMS was notified of the delay in establishing automatic reoccurring monthly drafts for the payment of your mortgage, CMS promptly corrected the issue and completed the activation of the automatic reoccurring monthly drafts that you requested. 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]
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

January 25, 2017
[redacted]
[redacted]
[redacted] [redacted]
[redacted] [redacted]
[redacted] [redacted]
[redacted] [redacted]

Dear Ms. [redacted]:
The Customer Advocate Department of...

Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on January 10, 2017. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you state that due to a change in your escrow account, your mortgage payment will increase in February 2017. You explain that for the past two years, you have had payments automatically deducted from your bank account which have included additional amounts to be paid to reduce your principal balance. You express dissatisfaction that you were unable to change the automatically drafted amount via CMS’s Loan Servicing Website (“LSW”) and that you were informed it would be necessary to re-enroll in the AutoDraft program in order to change the amount that was being drafted from your bank account monthly. You claim that when you contacted CMS for assistance, the CMS representative interrupted you and terminated the telephone conversation.
At the outset, please note that the servicing of your Federal Housing Administration (“FHA”) insured loan was transferred from JPMorgan Chase Bank N.A. (“JPMC”) to CMS on October 2, 2015. On September 23, 2015, CMS issued a Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. At the time of the service transfer your loan was contractually current and showing due for the November 1, 2015 mortgage payment. We are able to confirm that monthly mortgage payments were being automatically withdrawn from your bank account in the amount of $560.24 on the first day of each month. As outlined within the September 23, 2015 Hello Letter, CMS continued to automatically draft mortgage payments from your bank account on a monthly basis after CMS began servicing your loan.
On August 8, 2016, you contacted CMS and requested CMS to cancel your automatic payments. As you requested, CMS updated its records to no longer automatically draft monthly mortgage payments from your bank account. That same day, CMS issued the attached letter notifying you that CMS would no longer automatically draft monthly mortgage payments from your bank account.
Then, on September 30, 2016, CMS received your newly completed AutoDraft Enrollment Form wherein you requested CMS to begin automatically drafting mortgage payments from your checking account again. Accordingly, CMS updated its records to again automatically draft mortgage payments from you starting on November 1, 2016 in the amount $560.00. On October 3, 2016, CMS issued the attached letter notifying you of the automatic drafts. As you may recall, the letter clearly notified you that if the amount of your regular mortgage payment changed, the amount automatically drafted from your checking account would also change accordingly.
In compliance with the escrow analysis requirement, CMS completed an initial escrow analysis for your loan and issued the attached escrow analysis notification to you on December 16, 2016. The escrow analysis projected total annual escrow disbursements in the amount of $1,615.09. Based on the projected amounts and disbursement dates of your escrowed items, CMS determined that your escrow account would have a deficit of $55.55 in October 2017. Because you are required to have $191.06 in your escrow account at all times due to the two month escrow cushion, CMS determined that your escrow account would contain an escrow shortage in the amount of $246.61 at that time.
In order to prevent any undue hardship, CMS spread the escrow shortage of $246.61 over a period of twelve months which resulted in an increase to your monthly mortgage payment from $558.89 to $595.81 effective with the February 1, 2017 mortgage payment. For your ease of reference, a breakdown of the February 1, 2017 mortgage payment is outlined below.
Principal and Interest: $ 440.67
Base Escrow Collection: $ 164.59 ($1,615.09 divided by 12)
Monthly Escrow Shortage: $ 20.55 ($246.61 divided by 12)
February 1, 2017 Payment $ 595.81
As indicated above, and as you were notified within both your signed AutoDraft Enrollment Form you provided to CMS and within the letter sent to you on October 3, 2016, the amount of your automatically drafted payments would increase along with the increase of your mortgage payment in February 2016.
On January 9, 2016 you contacted CMS and notified the CMS representative that you wished to change the amount that would be automatically drafted from your bank account. You explained that you wanted an amount of $600.00 to be drafted in February 2017 and an amount of $596.00 to be drafted in March 2017. The CMS representative explained that in order to change the amounts being automatically drafted, it would be necessary for you to re-enroll in the AutoDraft program. The CMS representative notified you that you could obtain a copy of the AutoDraft Enrollment Form via CMS’s LSW and either fax or mail the completed form to CMS. In response, you expressed dissatisfaction that you were unable to change the monthly amounts being drafted from your bank account without sending such forms to CMS.
During this phone conversation, the CMS representative inquired whether you wished CMS to cancel your upcoming AutoDraft payment. You declined stating that you would not be able to mail the new form to CMS in time for the payment to be debited from your bank account. At that point, you claimed the CMS representative was speaking at the same time you were, and that you were having difficulty hearing the CMS representative. Because you were unable to hear the CMS representative clearly, you acknowledged that you may have been experiencing technical difficulties directly before the telephone disconnected.
Please be advised that CMS has listened to a recording of the telephone conversation in question and is able to confirm that the CMS representative that spoke with you during that telephone call was polite, professional and courteous to you at all times. In fact, after listening to the recording, we are satisfied that the CMS representative diligently attempted to assist you and also provided you with accurate information in regard to the fact that you were unable to change the amounts of the automatically drafted payments without completing a new enrollment form. CMS is unable to locate any evidence to suggest that the CMS representative was speaking over you or terminated the phone conversation. Nevertheless, we sincerely apologize if the level of customer service you received from CMS did not meet your expectations.
That said, CMS would like to take this opportunity to remind you that you are not required to change your AutoDraft payment to submit additional payments to your principal balance or to your escrow account. In fact, you can send any approved form of payment to CMS via the mail courier of your choice. Should you wish to make such payments, we encourage you to remit your payments along with specific posting instructions to CMS at the following address: Carrington Mortgage Services, LLC, Cashiering Department 2-270, 1600 South Dou[redacted] Road, Suites 110 & 200-A, Anaheim, CA 92806. Specific payment instructions should be clearly indicated on the form of payment as well as on the payment coupon.
You may also submit additional payments to your principal balance or to your escrow account via CMS’s LSW. Such payments must be made one business day after your monthly contractual payment has been satisfied by entering the specific amount under the “other” category within the LSW. Please be advised that the additional amount paid may not be greater than $1,000.00. In the alternative, you also have the option to cancel your enrollment in the AutoDraft program and remit monthly payments in the amount of your choosing to CMS. You may access CMS’s publicly available website at https://carringtonms.com/AccountServices/PaymentOptions/ for a comprehensive list of the available payment delivery options and addresses to send mortgage payments to CMS.
Please note that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.
Based on the foregoing, we believe the record is clear that CMS has properly serviced your loan and that CMS is unable to change the amount that will be automatically deducted from your bank account on a monthly basis without being in receipt of a new AutoDraft Enrollment Form. It is also clear that CMS representatives have been polite and professional to you at all times, and that CMS makes available multiple other avenues by which to achieve your goals with respect to your payment amounts. To the extent that statements in your letter consist of allegations of wrongdoing of any nature by CMS or otherwise, all such allegations are denied. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at ###-###-#### for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at ###-###-####, Monday through Friday, 8:00 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, P.O Box 3489, Anaheim, CA 92803, or by calling ###-###-####. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at ###-###-#### or toll-free TDD ###-###-####, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor.
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at ###-###-####.
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at ###-###-####, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489, Anaheim, CA 92803.

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.My complaint id [redacted] has been satisfied by Carrington Mortgage. Thank you for your assistance.
Regards,
[redacted]

Dear Ms. [redacted]:The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on April 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 the complaint, you claim after the servicing of your loan was transferred to CMS, you made timely contractual monthly mortgage payments to CMS. Nevertheless, you claim that CMS has misapplied these payments and has improperly notified the credit reporting agencies that your mortgage payments have been paid late causing your credit score to suffer. Your desired resolution is for CMS to report accurate loan and payment information to the credit reporting agencies.At the outset, please note that the servicing of this Veteran’s Administration (“VA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on April 2, 2015. On April 6, 2015, CMS issued 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 May 1, 2015 mortgage payment in the amount of $1,033.50. This payment was made up of principal and interest in the amount of $870.19 and a monthly escrow collection in the amount of $163.31. Our records show that on May 2, 2015, CMS received and applied funds in the amount of $1,033.50 to your May 1, 2015 mortgage payment.Please be advised that the Real Estate Settlement Procedures Act (“RESPA”) requires that an escrow analysis be completed within sixty days following a service transfer. In compliance with the RESPA escrow analysis requirement, CMS completed an initial escrow analysis for your loan and issued the attached escrow analysis notification to you on May 18, 2015. The escrow analysis projected your total annual escrow disbursements to be in the amount of $1,959.75, which included a hazard insurance premium in the amount of $885.74 and property taxes in the amount of $1,074.01. RESPA guidelines limit the amount of funds a loan servicer may require a borrower to hold in an escrow account, commonly known as an escrow cushion. Although RESPA does not require the lender to maintain a cushion, RESPA does allow a loan servicer to maintain an escrow cushion equal to two months (one-sixth) of the amount of the total annual disbursements paid out of an escrow account.Because the total annual escrow disbursements for your loan were projected to be $1,959.75, your escrow account was required to have a minimum balance of $326.62 at all times ($1,959.75 divided by 6 equals $326.62). Based upon the projected disbursement date of your escrowed items, your escrow balance at that time, and the required escrow cushion, CMS determined that your escrow account would have a balance in the amount of $325.32 in September 2015. Because you were required to have $326.62 in your escrow account at all times, CMS determined that your escrow account would contain an escrow shortage in the amount of $1.30 at that time ($326.62 minus $325.32 equals $1.30).CMS spread the escrow shortage of $1.30 over a period of twelve months which resulted in a $0.10 increase to your monthly mortgage payment from $1,033.50 to $1,033.60 effective with the July 1, 2015 mortgage payment. For your ease of reference, a breakdown of the July 1, 2015 mortgage payment is outlined below.           Principal and Interest:       $      870.19           Base Escrow Collection:   $      163.31      ($1,959.75 divided by 12)           Monthly Escrow Shortage: $          0.10     ($1.30 divided by 12)           July 1, 2015 Payment        $    1,033.60On May 28, 2015, CMS received funds from you in the amount of $1,035.00. These funds were applied to your June 1, 2015 mortgage payment of $1,033.50 and the remaining $1.50 was applied to reduce your outstanding principal balance. On June 22, 2015, CMS disbursed $925.56 from your escrow account for the payment of your annual hazard insurance premium which was an increase of $39.82 from your previous annual hazard insurance premium of 885.74.Over the following months, CMS continued to receive timely mortgage payments from you that were sufficient to satisfy the subsequent mortgage payments due. On September 17, 2015, CMS disbursed $1,771.37 from your escrow account for the payment of your property taxes which was an increase of $697.36 from your previous property taxes of $1,074.01. Our records show that you continued to make timely mortgage payments that were sufficient to satisfy the subsequent mortgage payments due to CMS through the month of December 2015.On December 18, 2015, CMS completed a new escrow analysis for your loan to fall in line with the Georgia annual escrow analysis cycle and issued you the attached escrow analysis notification. This escrow analysis projected your total annual escrow disbursements to be in the amount of $2,696.93, which included the increased hazard insurance premium of $925.56 and the increased property taxes in the amount of $1,771.37. CMS continued to require you to maintain an escrow cushion equal to two months (one-sixth) of the amount of the total annual disbursements paid out of an escrow account.Because the new total annual escrow disbursements for your loan have been projected to be $2,696.93, your escrow account is required to have a minimum of $449.48 at all times ($2,696.93 divided by 6 equals $449.48). Based upon the projected disbursement date of your escrowed items, your escrow balance at that time, and the required escrow cushion, CMS determined that your escrow account will have a deficit in the amount of $429.39 in October 2016. Because you are required to have $449.48 in your escrow account at all times, CMS determined that your escrow account will contain an escrow shortage in the amount of $878.87 at that time ($429.39 plus $449.48 equals $878.87).In order to avoid a financial hardship, CMS has spread the escrow shortage of $878.87 over a period of twelve months which resulted in an increase to your monthly mortgage payment from $1,033.60 to $1,168.16 effective with the February 1, 2016 mortgage payment. For your ease of reference, a breakdown of the February 1, 2016 mortgage payment is outlined below.         Principal and Interest:         $         870.19         Base Escrow Collection:     $         224.74          ($2,696.93 divided by 12)          Monthly Escrow Shortage:  $           73.23          ($878.87 divided by 12)          February 1, 2016 Payment  $      1,168.16On December 29, 2015, CMS received funds from you in the amount of $1,035.00 which were applied to your January 1, 2016 mortgage payment in the amount of $1,033.60 and the remaining $1.40 was applied to reduce your outstanding principal balance. After the application of these funds, your loan was showing due for the increased February 1, 2016 mortgage payment in the amount of $1,168.16.On January 28, 2016, CMS received a partial payment from you in the amount of $1,035.00. Because these funds were less than the contractual payment due at that time, CMS placed these funds in an unapplied status until the time that CMS was in receipt of additional funds required to satisfy the full contractual mortgage payment of $1,168.16. On February 18, 2016, CMS sent the attached letter notifying you that CMS was not in receipt of your full February 1, 2016 mortgage payment.On March 2, 2016, CMS received new funds from you in the amount of $1,035.00 which brought the total amount of funds in CMS’s possession to $2,070.00. That day, CMS applied $1,168.16 to the February 1, 2016 mortgage payment and the remaining $901.84 was held in an unapplied status until the time CMS was in receipt of additional funds required to satisfy the March 1, 2016 mortgage payment in the amount of $1,168.16. On March 3, 2016, CMS issued you the attached letter notifying you that the $901.84 in an unapplied status was not sufficient to satisfy the mortgage payment due. On March 14, 2016, you contacted CMS concerned that your February 1, 2016 mortgage payment was reported to the major credit reporting agencies as being delinquent. The CMS representative notified you that your February 1, 2016 mortgage payment increased as a result of the December 18, 2015 escrow analysis. The CMS representative agreed to send you a copy of that escrow analysis and outlined your loan payment history demonstrating that the full February 1, 2016 payment was not received by CMS within the month that it became due.On March 18, 2016, CMS sent you the attached letter reminding you that CMS was not in receipt of your full March 1, 2016 mortgage payment.On March 30, 2016, CMS received funds from you in the amount of $1,168.00 bringing the total amount of funds in CMS’s possession to $2,069.84. These funds were applied to your March 1, 2016 mortgage payment in the amount of $1,168.16 and the remaining $901.68 was applied to reduce your outstanding principal balance. On April 10, 2016, and on April 19, 2016, CMS issued the attached letters notifying you that CMS was not in receipt of your full April 1, 2016 mortgage payment.On April 21, 2016, you again contacted CMS and continued to express dissatisfaction that CMS reported recent mortgage payments as being delinquent. The CMS representative again reminded you that your February 1, 2016 mortgage payment increased as a result of the December 18, 2015 escrow analysis and that CMS was not in receipt of your full mortgage payments within the same month that they became due, which resulted in reporting correct information to the credit reporting agencies.That day, you made a new partial payment to CMS in the amount of $267.00. Upon receipt of this partial payment, CMS reversed $901.16 from your principal balance then applied the sum of $1,168.16 to your April 1, 2016 mortgage payment which brought your loan contractually current and due for the May 1, 2016 mortgage payment in the amount of $1,168.16. Please be advised that CMS recently received a new payment from you in the amount of $1,168.00 which was again less than the contractual payment due in the amount of $1,168.16. As a courtesy to you, CMS transferred $0.16 from your escrow funds and applied the sum of $1,168.16 to your May 1, 2016 mortgage payment.In order to recover the advanced amount of $0.16, CMS assessed an escrow shortage fee in the amount of $0.16 to your loan. Please note that it is important that you submit your full monthly payment to CMS to avoid issues of this nature from arising in the future. Should you be uncertain of the amount of your monthly mortgage payment, you may view the monthly mortgage statements that are issued to you by CMS, you may visit CMS’s Loan Servicing Website (“LSW’’) at https://carringtonms.com, or you may contact our Customer Service Department at [redacted]. Attached for your ease of reference is a copy of your loan payment history as well as a copy of the loan servicing system payment codes and definitions.Please be advised that CMS is obligated by federal law to provide timely and accurate credit reporting in regard to the current loan status, payment history and loan information. We have determined that the information reported to the major credit bureaus properly reflects your payment history and loan information. We are, therefore, unable to make the requested changes to the reported information.Finally, please note that pursuant to Consumer Financial Protection Bureau (“CFPB’) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.Based on the foregoing, we believe the record is clear that CMS has properly notified you of the increase to your February 1, 2016 mortgage payment, has properly applied all funds received from you to your loan, has reported accurate information to the major credit reporting agencies. 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

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 August 1, 2016. CMS is committed to responsible lending and servicing and we...

would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.   As we understand your complaint, you allege that CMS increased your monthly mortgage payment to include an escrow item for county property taxes even though you are fully exempt from paying property taxes due to your status as a disabled veteran. Also, you are requesting that CMS contact the [redacted] County Assessor’s Office to confirm your tax exempt status.   As a preliminary matter, please know that I personally called the [redacted] County Assessor’s Office on August 18, 2016 to confirm your status under [redacted] County’s 100% Disabled Veteran’s Exemption. As a result of that call, I was informed that your application for the 2016 homestead exemption was received on October 19, 2015 by the [redacted] County Assessor’s Office and that your exemption commenced on January 1, 2016. Furthermore, the representative I spoke with confirmed that you were not covered under the homestead exemption during the year 2015; nor was your 2016 application for the homestead exemption intended to be retroactive for the year 2015. If you wish to confirm this information with the [redacted] County Assessor’s Office, please call [redacted] option 3, Monday through Friday, between the hours of 8:00AM to 4:30PM.   On or about April 26, 2016, CMS was made aware of the fact that property taxes had gone unpaid in the amount of $3,004.64 that were due on or before December 1, 2015. On April 26, 2016, CMS disbursed and paid your property taxes in the amount of $3,004.64. It is important to understand that CMS paid the property taxes in order to avoid a tax lien from being placed on the property.   Please be advised that the Real Estate Settlement Procedures Act (“RESPA”) requires an escrow analysis to be completed on newly originated loans within eleven months following the boarding date. As a result, your loan was scheduled to have an escrow analysis completed on June 3, 2016. Furthermore, it is important to understand that the analysis of your escrow account does not impact the interest rate of 4.5% or the monthly principal and interest payment in the amount of $1,246.45. At the time your loan boarded our system, your loan reflected a principal and interest payment in the amount of $1,246.45 and an escrow payment in the amount of $199.99 for a total monthly payment in the amount of $1,446.44.    In accordance with RESPA requirements, your escrow account was analyzed on June 3, 2016. Pursuant to the June 3, 2016 escrow analysis, your projected escrow disbursement for your escrow cycle beginning August 1, 2016 and ending July 31, 2017 was calculated to be $5,404.57. More specifically, the escrow analysis projected that your yearly hazard insurance premium would be $2,399.93, and that your yearly property taxes would be $3,004.64. Correspondingly, your total disbursements for your escrow cycle beginning August 1, 2016 and ending July 31, 2017 were calculated to be $5,404.57, which if spread over a twelve month period is equal to approximately $450.38 every month.   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 an escrow 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 over twelve months, unless state law allows for a lesser amount. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].   Therefore, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning August 1, 2016 and ending July 31, 2017. Please note that CMS will only collect 1/6th of your total projected escrow disbursement for your yearly hazard insurance premium and your yearly property taxes as an escrow cushion. Correspondingly, the total escrow cushion that CMS may collect is $900.76, which represents two months of escrow payments.   It is important to understand that the June 3, 2016 escrow analysis also included the disbursement that CMS made on your behalf for your delinquent property taxes in the amount of $3,004.64. Consequently, based on the calculations from the June 3, 2016 escrow analysis, your low point escrow balance was negative -$3,757.43. As a result, in order to reach a low point escrow balance of $900.76, the 1/6th escrow cushion, CMS needed to collect an escrow shortage in the total amount of $4,658.19. Please note that your escrow shortage was spread over a twelve month period starting with your August 1, 2016 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment increased by $638.57, from $1,446.44 to $2,085.01. Attached for your review is a copy of the escrow analysis for June 3, 2016.   On July 20, 2016, you called CMS regarding the increase in your monthly payment due to your June 3, 2016 escrow analysis. After a careful review of your loan, the associate explained to you that your loan had an escrow shortage of $4,658.19 which effectively added $388.18 ($4,658.19 divided by twelve) to your monthly payment. For this reason, the associate submitted a request to spread your escrow shortage from twelve to thirty-six months which would effectively reduce the amount that was being collected to cover your shortage from $388.18 to $129.39.   On July 21, 2016, CMS performed an escrow analysis in response to the request submitted during your call on July 20, 2016. During the July 21, 2016 escrow analysis, your projected escrow disbursement for your escrow cycle beginning October 1, 2016 and ending September 30, 2017 was calculated to be $5,590.95. More specifically, the escrow analysis projected that your yearly hazard insurance premium would be $2,586.31 and that your yearly property taxes would be $3,004.64. Correspondingly, your total disbursements for your escrow cycle beginning October 1, 2016 and ending September 30, 2017 were calculated to be $5,590.95, which if spread over a twelve month period is equal to approximately $465.91 every month.   Like your prior escrow analysis performed on June 3, 2016, CMS continued to collect the 1/6th escrow cushion as permitted by RESPA. Consequently, based on the calculations from the July 21, 2016 escrow analysis, your low point escrow balance was negative -$3,120.86. As a result, in order to reach a low point escrow balance of $931.82, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $4,052.68. Please note that your escrow shortage was spread over a thirty-six month period starting with your October 1, 2016 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment decreased by $260.08, from $2,085.01 to $1,824.93. Attached for your review is a copy of the escrow analysis for July 21, 2016.   On or about July 22, 2016, CMS received a fax showing that you were fully exempt from having to pay property taxes. After receiving this information, CMS contacted the [redacted] County Assessor’s Office that same day and they confirmed that your application for the 100% Disabled Veteran’s Homestead Exemption was received on October 19, 2015 and that your homestead exemption had an effective start date of January 1, 2016. As previously stated, the county has confirmed that your homestead exemption was only applicable to the year 2016 and not retroactive for 2015.   On August 1, 2016, you called CMS again requesting to have another escrow analysis performed because of your homestead exemption. As a result, CMS performed an escrow analysis on August 9, 2016.   During the August 9, 2016 escrow analysis, your projected escrow disbursement for your escrow cycle beginning October 1, 2016 and ending September 30, 2017 was calculated to be $2,684.19. More specifically, the escrow analysis projected that your yearly homeowners insurance premium would be $2,684.19. Correspondingly, your total disbursements for your escrow cycle beginning October 1, 2016 and ending September 30, 2017 were calculated to be $2,684.19, which if spread over a twelve month period is equal to approximately $223.68 every month.   Consequently, based on the calculations from the August 9, 2016 escrow analysis, your low point escrow balance was negative -$1,611.86. As a result, in order to reach a low point escrow balance of $447.36, the 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $2,059.22. Please note that your escrow shortage was again spread over a thirty-six month period starting with your October 1, 2016 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment decreased by $557.68, from $2,085.01 to $1,527.33. Attached for your review is a copy of the escrow analysis for August 9, 2016.   In summary, the [redacted] County Assessor’s Office has confirmed that you are fully exempt from having to pay property taxes from January 1, 2016 in perpetuity, under the 100% Disabled Veteran’s Exemption, for your home located at [redacted], [redacted] so long as you retain ownership of that property. Furthermore, the property taxes that CMS paid in the amount of $3,004.64 for the year 2015 were valid and assessed to your escrow account correctly. If you have any further questions regarding your homestead exemption, please direct them to your county assessor’s office. As it pertains to your escrow balance, once the property taxes in the amount of $3,004.64 that were assessed to your escrow account are fully recovered by CMS in the form of your escrow payments, your escrow account will be analyzed again resulting in a decrease in your mortgage payment. Therefore, based on the aforesaid investigation and review of your account, we find no evidence of wrongdoing on CMS’s behalf. Furthermore, it is clear that CMS immediately addressed your request for an escrow analysis by reanalyzing your escrow account each time you made a request to do so, lowering your mortgage payment each time.   Finally, 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 want to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].   We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time. Tell us why here...

March 1,
2016
[redacted]
[redacted]
[redacted]
[redacted]
           RE:      Complaint
No.:           [redacted]
Loan...

No.:                    [redacted]
                        Property Address:       [redacted]
           
Dear
Mr. [redacted] and Ms. [redacted]:
The
Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in
receipt of your complaint filed with the Revdex.com (“Revdex.com”)
received in our office via email on February 3, 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 this is your second request to have
CMS correct a thirty (30) day late payment report to the credit agencies for
your July 2015 mortgage payment.  You go
on to say that you made your payment using the CMS automated phone pay system on
the last day of the month at 11:07 PM Eastern Time.  However, this payment was not processed by
CMS until the following day, and that is what caused this payment to be
reported late to the credit agencies.  In
addition, you claim that CMS did not provide any disclosure that informed you there
was a cut-off time to insure same day posting of your payment. Therefore, you believe that this payment
should not have been reported as a thirty (30) day late payment to the credit
agencies.   
At the outset, please note that
the servicing of this Federal Housing Administration (“FHA”) insured loan
transferred from [redacted] (“[redacted]”) to CMS on or December 3,
2013.  Attached for your ease of
reference is a copy of the December 3, 2013 Notice of Service Transfer (“Hello
Letter”) sent to you by CMS that notified you of the service transfer.    At
the time of the service transfer the loan was showing contractually due for the
December 1, 2013 payment. 
While CMS began servicing the
loan on December 3, 2013, 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.
As a preliminary matter, please
note that our CMS Research Department originally received an inquiry from you
on October 5, 2015 which raised the same issues as this current complaint.  Accordingly, CMS researched the loan and a
response was sent to you on October 16, 2015 via regular mail.  For your ease of reference, attached hereto
please find a copy of CMS’s response dated October 16, 2015.
We regret that you were
dissatisfied with our response to your inquiry. 
CMS is committed to the highest standards of customer satisfaction and
professionalism.  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 inquiry 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. 
Upon further review, the records show that on July 31,
2015 you made a payment in the amount of $4,825.00 using the CMS automated
phone pay system at 9:49 PM.  This
payment was applied to your July 1, 2015 payment that same day.  Below, for your ease of reference is a copy
of this payment transaction.Subsequently, on August 31, 2015, you made a payment in
the amount of $4,900.00 using the automated phone pay system at 11:07 PM.  This payment was applied to your August 1,
2015 payment the following day on September 1, 2015.  The reason for processing this payment the
following day is that you made this payment after the established cut-off time
of 11:00 PM Eastern Standard Time.  Below,
for your ease of reference is a copy of this payment transaction. 
Lastly, our review of the automated phone pay system
process has confirmed that a cut-off time is provided to the caller at the
beginning of the phone pay process.  It
is important to note that CMS has not reported a late payment for the July 2015
payment to the credit agencies, as this payment was posted to your loan on July
31, 2015.  However, your August 2015 payment
has been reported thirty (30) days late to the credit agencies, as this payment
was posted to your loan on September 1, 2015.
Based on the foregoing, we have determined that the
information reported to the major credit agencies properly reflects your
payment history and loan information. We are, therefore, unable to make any changes
to the reported information. 
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 your
concerns noted in the complaint. Carrington Mortgage Services, LLC is committed
to customer satisfaction and we look forward to resolving any concerns you may
have. We can be reached at [redacted] Monday through Friday, 8:00 AM to
5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
-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 P.O.
Box 3489, Anaheim, CA 92803.

October 13, 2015
[redacted]
RE:      Complaint ID No.:      [redacted]
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 September 17, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you allege that CMS did not provide you with an accurate payoff statement.  You also claim that when you called CMS to discuss your concerns with the figures outlined on the payoff statement dated September 14, 2015, CMS was not helpful and informed you that you would need to send your inquiry in writing to CMS.
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 showing contractually current and due for the May 1, 2015 payment.  Please note that, 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 August 27, 2015, CMS sent you a payoff statement that indicated your payoff amount was $136,088.99, and this figure was good through October 1, 2015.  A copy of this payoff statement is attached for your ease of reference.  At the time, your loan was due for the September 1, 2015 payment.  Below is a breakdown for this payoff amount for your ease of reference.
Principal:                                 $134,982.25
Interest:                                   $    1,096.74
Recording Cost:                      $         10.00
PMI/MI Premium:                   $       207.90
Escrow Credit:                        $     -207.90
Total:                                      $136,088.99
The payoff statement also includes an explanation regarding the interest due and payable on FHA loans.  The disclosure is outlined on page two of the statement under “Important Notice for FHA Loans”, where the following information is provided: 
This is to advise you of the procedure which will be followed to accomplish a full prepayment of your mortgage.  Carrington Mortgage Services, LLC will accept the prepayment (without penalty) whenever tendered with interest paid to the first day of the month following the date prepayment is received.  Prepayments received after the installment due date (the first day of the month) must include interest to the next installment due date.  For example, if the next installment due date is December 1; prepayments received after the installment due date (the first day of the month) must include interest to the next installment due date.  For example, if the next installment due date is December 1; prepayments received on or after November 2 will need to include interest to December 1. 
Please note that unlike principal (which is paid in the current month’s mortgage payment), interest earned by the mortgagee the previous month must be paid in the next month’s mortgage payment since the interest must be earned by the mortgagee before it is owed by the mortgagor; and the interest being charged to the next installment due date with regard to repayments is, in fact, interest that was earned the previous month and has yet to be paid by the mortgagor. 
On September 15, 2015, CMS received a call from a third party, [redacted] requesting a payoff statement. The CMS representative informed Ms. [redacted] the request would need to be sent to CMS payoff department along with third party authorization, and the fax number was provided to her to send the request.
On September 16, 2015, CMS sent your authorized third party, [redacted] a copy of the payoff statement dated August 27, 2015 via fax to [redacted].  Subsequently, on September 17, 2015, CMS sent Ms. [redacted] an updated payoff statement.  A copy of this payoff statement is attached for your ease of reference.  This payoff statement indicated the payoff amount on your loan was $135,288.50, and this figure was good through October 1, 2015.  At the time, your loan was due for the October 1, 2015 payment.  Below is a breakdown for this payoff amount for your ease of reference.
Principal:                                 $134,731.15
Interest:                                   $       547.35
Recording Cost:                      $         10.00
PMI/MI Premium:                   $       207.90
Escrow Credit:                        $     -207.90
Total:                                      $135,288.50
That same day, an unauthorized third party from [redacted] Bank called CMS and the call was escalated to Supervisor [redacted], who informed this unauthorized third party CMS could not discuss the loan without your authorization.  After this call was terminated, Ms. [redacted] called you and during this call you expressed your concerns with the payoff statement figures.  You explained that the payoff figures CMS had provided your new lender did not include the recent payment you had made on the loan and that you also wanted the escrow balance included in the payoff calculations.  Upon review, Ms. [redacted] determined that the payoff statement figures you were referring to were in the payoff statement dated August 27, 2015 and that you had made a payment on August 31, 2015.  Ms. [redacted] also informed you that she needed your written request to have the escrow balance included in the payoff amount.  Subsequently, you sent this request to Ms. [redacted] via fax, and Ms. [redacted] expedited your request for an updated payoff statement which was sent to you that same day via email to [redacted].  This payoff statement indicated your payoff amount was $133,692.73, and this figure was good through October 1, 2015.  A copy of this payoff statement is attached for your ease of reference.  At the time, your loan was due for the October 1, 2015 payment.  This payoff statement also included the credit from the escrow account in the amount of $1,803.67.  Below is a breakdown for this payoff amount for your ease of reference.
Principal:                                 $134,731.15
Interest:                                   $       547.35
Recording Cost:                      $         10.00
PMI/MI Premium:                   $       207.90
Escrow Credit:                        $    -1803.37
Total:                                      $133,692.73
On September 25, 2015, CMS received a payoff in the amount of $133,682.73 and these funds were applied to your loan on that same day.  As of the date of this letter your loan is paid in full.
Based on the foregoing, we conclude that the payoff statements provided to you on August 27, 2015 and September 17, 2015 were accurate and in accordance with the established loan servicing policy and procedure for this FHA insured loan. Moreover, CMS responded to the payoff requests receive by you and your authorized third party promptly upon receipt. 
In closing, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint.  You may contact CMS regarding the administration of this loan and may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time.  In addition, you can also send written correspondence including inquiries and complaints about his mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax his correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC:  Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted].  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 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 9, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [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 August 18, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that your loan was recently transferred from [redacted] (“[redacted]”) to CMS. You go on to say that CMS has incorrectly applied all of your mortgage and principal curtailment payments since the effective date of service transfer. You claim that while you have clearly indicated on the payment coupons how you want your payments applied, CMS has consistently failed to apply your payments as you specified. As a result, you want CMS to correctly apply all of your mortgage and principal curtailment payments as of the dates received, waive any late fees assessed since the effective date of service transfer, and to remove any negative delinquencies that may have been reported to the credit bureaus.
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 May 1, 2015 payment.
As a preliminary matter, please accept this correspondence as confirmation that all of your mortgage and principal curtailment payments have been corrected since the effective date of service transfer. Additionally, any late fees assessed or negative delinquencies reported to the credit bureaus have been waived or corrected. For your reference, attached hereto as Exhibit “A” please find a twenty-four (24) month payment history and account balances along with the transaction codes and definitions confirming the aforesaid.
That said, CMS sincerely apologizes for inadvertently applying your principal curtailment payments as regular monthly payments and for any inconveniences you may have experienced as a result.
Moreover, as of the date of this correspondence, CMS is happy to confirm that you now have the ability to make your monthly mortgage payment and an additional payment to your principal or escrow balance via CMS’s online payment website on or after the monthly payment due date. If you want to make your monthly mortgage payment before the due date you have the option to submit your payment via the online payment website. If you want to make your monthly mortgage payment and an additional payment to your principal or escrow balance before the due date, please note you will only be able to pay the total amount due for the monthly mortgage payment and you may submit an additional payment towards your principal or escrow balance the following business day not to exceed the amount of $1,000.00 by entering that specific amount under the “other” category on the online payment website.
Furthermore, you also have the ability to make a payment towards your principal balance by mailing a personal or bill pay check not to exceed the amount of $10,000.00. If you want to make a payment towards your principal balance greater than $10,000.00, please make certain to send certified funds such as a money order or cashier’s check. You may send your personal checks, bill pay checks, or certified funds directly to our Cashiering Department at Carrington Mortgage Services, LLC, Attn: Cashiering Department, [redacted]
Additionally, please note that CMS does offer an auto draft payment option. This option provides you with the ability to choose the date or frequency you want CMS to draft your monthly payment, including the ability to add any desired additional principal amount or additional escrow amount to the monthly principal and interest payment. For your reference, attached hereto as Exhibit “B” please find a copy of CMS’s Auto Draft Authorization (“ADA”) form.
Please further note that a copy of the ADA form may also be found on our website along with all other available payment options and applicable fees (if any) by visiting https://carringtonms.com.
If you are interested in enrolling in auto draft, the complete, original form may mailed to Carrington Mortgage Services, LLC, [redacted] or a scanned copy can be faxed to [redacted].
In closing, your loan is contractually current and next due for the October 1, 2015 payment in the amount of $557.24. As a reminder, your Promissory Note provides you a fifteen (15) day grace period after the due date to pay your monthly payment without a late charge. In other words, the mortgage payments are due on the first (1st) of each month and considered late if not received by the sixteenth (16th) of the month.
Lastly, please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
[redacted]
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or 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].

May 18, 2016
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]...

[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 electronically via email on May 2, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you state that after the servicing of your loan was transferred to CMS in October 2015, you received a notice from CMS indicating that your January 2016 mortgage payment was delinquent. You state that a third party service has made timely mortgage payments and that you have unsuccessfully attempted to assist CMS in locating the missing payment. You state that the missing payment has caused your loan to appear delinquent resulting in late fees being assessed and negative information being reported to the credit bureaus. You express dissatisfaction that CMS did not fully respond to a written request to locate the missing payment because your inquiry did not contain you signature. Finally, you are requesting CMS to locate and apply the missing payment to your loan, remove any late fees and/or negative information reported to you credit profile for the affected period.
As you know, the servicing of your Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on October 2, 2015. On September 23, 2015, CMS issued 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 October 1, 2015 mortgage payment. The Hello Letter specifically directed you to send all mortgage payments due on or after October 2, 2015 to CMS.
As a preliminary matter, please note that although CMS provides borrowers with several methods to deliver same-day electronic payments to CMS, CMS does not offer electronic bank-to-bank wire transfers as an option for borrowers to remit monthly mortgage payments to CMS. The same-day electronic mortgage payment options include, but are not limited to no-cost online mortgage payments made via CMS’s Loan Servicing Website (“LSW”), phone payments made with the assistance of a CMS representative, and phone payments made via CMS’s Interactive Voice Response (“IVR”) system. For a complete list of the available payment delivery options and the addresses to send monthly mortgage payments to CMS, you may access CMS’s publicly available website at [redacted].
A review of our records shows that on October 16, 2015, CMS received and applied funds in the amount of $1,256.58 to satisfy your October 1, 2015 mortgage payment. On November 12, 2015, CMS received new funds in the amount of $1,256.58 which were applied to your November 1, 2015 mortgage payment. Then, on December 11, 2015, CMS received new funds in the amount of $1,256.58 which were applied to your December 1, 2015 mortgage payment. CMS would like to point out that each of these payments were not sent to CMS as directed within the September 23, 2015 Hello Letter; instead these payments were sent to the prior loan servicer who forwarded each of the payments to CMS.
Please note that all mortgage payments are due on the first day of each month, and are considered late as of the second day of the month. If the full mortgage payment is not received by CMS on or before the sixteenth day of the month, a late fee may be assessed to your loan. Any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent.
On January 28, 2016, you contacted CMS and the representative that you spoke with explained that CMS was not in receipt of your January 1, 2016 mortgage payment. You notified CMS that a third party company remits monthly mortgage payments on your behalf. You then notified the CMS representative that your third party company sent the January 1, 2016 and previous mortgage payments to your prior loan servicer. The CMS representative encouraged you to contact your prior loan servicer for further assistance as you did not have the payment information available and because the payments were sent directly to your prior loan servicer instead of to CMS.
On February 11, 2016, CMS received new funds in the amount of $1,256.58 which were applied to your January 1, 2016 mortgage payment. On February 16, 2016, our Customer Service Research Department received correspondence from you requesting CMS to waive the late charge assessed to your loan on January 17, 2016 because of delays by your prior loan servicer in forwarding your January 1, 2016 mortgage payment to CMS. Accordingly, your loan was researched and the attached response was sent to you by CMS on March 14, 2016. On April 30, 2016, CMS applied funds to satisfy your March 1, 2016 mortgage payment.
On April 22, 2016, CMS received a written inquiry appearing to originate from an unauthorized third party. Because that inquiry did not contain your signature, CMS returned that inquiry to you along with the attached letter dated April 22, 2016. Please be advised that CMS requires all inquiries to contain a borrower’s signature, and that signature must match the signature affixed to one or more of the original loan documents. This action is taken by CMS in an effort to protect the non-public private information of its customers.
On April 25, 2016, CMS spoke with you and during this phone conversation the CMS representative notified you that your loan was showing due for the April 1, 2016 mortgage payment. The CMS representative outlined your loan payment history and confirmed that no payment was applied to your loan during the month of January 2016. The CMS representative requested that you provide CMS with payment information for the January 2016 mortgage payment in an effort to help locate the missing payment that was sent to your prior loan servicer.
Later that day, CMS received payment information surrounding the February 2016 payment that was applied to your loan on February 11, 2016. Because CMS was not in receipt of the requested information for the January 2016 mortgage payment, CMS was unable to complete the necessary research required to locate the missing payment. On April 29, 2016, CMS spoke with you and notified you that CMS received payment information for February 2016 and not the January 2016 payment that CMS requested from you on April 25, 2016.
Also on April 29, 2016, you contacted CMS’s Customer Advocate Department and expressed concerns that CMS was unable to locate a missing payment that was sent to your prior loan servicer during the month of January 2016. The CMS Customer Advocate reiterated that CMS was not in receipt of the requested information for the January 2016 payment and you acknowledged that it was your third party that was sending the payment information to CMS. You explained that your third party would be faxing the January 2016 payment information to CMS shortly, which information was in fact received by CMS later that day.
Once CMS was in receipt of the payment information for the January 2016 mortgage payment sent to your prior loan servicer, a request was made to CMS’s Cashiering Department to research the missing mortgage payment. On May 3, 2016, CMS located the missing payment and applied that payment along with all subsequent mortgage payments to your loan retroactively, effective as of the original dates of receipt. By retroactively applying the payments effective as of the original dates of receipt, all late fees were removed from your loan. The payments were retroactively applied to your loan as outlined below.


Payment Month

Payment Amount

Effective Date

January 2016

$1,256.58

January 4, 2016

February 2016

$1,256.58

February 4, 2016

March 2016

$1,268.27

March 3, 2016

April 2016

$1,268.27

April 2, 2016

May 2016

$1,268.27

April 30, 2016

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 (“NOE”). Please note that applicable law requires CMS to treat your recent complaint as a NOE. As such, once CMS resumes reporting loan and payment information for your loan, CMS will report that each of the above referenced payments were received by CMS within the same month that each of the payments became due.
In response to the alleged poor customer service and communication you received from CMS, our records show that multiple CMS representatives have been professional and courteous to you and have diligently attempted to assist you in locating the missing payment. CMS respectfully submits that the issue at hand was a direct result of a third party service making payments on your behalf and mainly because the missing payment was sent to your prior loan servicer well after CMS began servicing your loan. Nevertheless, CMS certainly apologizes for any inconvenience you may have experienced while CMS worked to locate the missing payment.
As of the date of this letter, your loan is contractually current and showing due for the June 1, 2016 mortgage payment. Attached for your ease of reference is a copy of your loan payment history as well as the loan servicing system payment codes and definitions.
Based on the foregoing, we believe the record is clear that once CMS was in receipt of the necessary information to locate the missing January 1, 2016 mortgage payment that was sent to your prior loan servicer by a third party, CMS promptly located that payment, applied all payments to your loan effective as of the original dates of receipt, has removed all late charges from your loan, and will report that each of the above referenced payments were received by CMS within the same month that each of the payments became due. 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
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

June 1, 2016
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]
Dear Ms. [redacted]:
The Customer...

Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on May 23, 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 state that your closing attorney had requested CMS to provide an updated payoff statement on May 16, 2016. You claim that as of May 20, 2016, CMS had not issued the requested payoff statement. You express dissatisfaction with the level of customer service you received from CMS when attempting to speak to CMS supervisors and to individuals within CMS’s Payoff Department to expedite the delivery of the payoff statement. Finally, you also express dissatisfaction that CMS representatives have refused to provide you with a verbal amount to pay the loan off in full.
A review of our records shows that on April 15, 2016, you contacted CMS and requested the CMS representative to provide you with a payoff statement outlining the amount to pay off your loan in full. As you know, CMS returned the attached payoff statement to you via email at [redacted] on April 18, 2016. That payoff statement provided $136,840.62 as the amount to pay the loan off in full on or before May 1, 2016. On April 19, 2016, CMS sent a copy of that payoff statement to your closing attorney via fax at [redacted], and another copy of which was sent to you via first class mail later that same day. In total, three payoff statements were promptly provided by CMS within only three business days.
Please be advised that while every payoff statement issued for your loan contained a total of seven pages as shown within the attached April 18, 2016 payoff statement, CMS is only providing a copy of the first page of each subsequent payoff statement to avoid an unnecessary use of resources and to limit the duplicate documentation CMS is providing you to support this response letter.
On April 25, 2016, CMS issued a new payoff statement to your closing attorney via fax at [redacted] which again provided $136,840.62 as the amount to pay the loan off in full on or before May 1, 2016. On April 26, 2016, your closing attorney contacted CMS and requested that an updated payoff statement be issued to his office. That very same day, CMS issued an updated payoff statement to your closing attorney via fax at [redacted] providing $137,671.49 as the amount to pay the loan off in full on or before June 1, 2016.
The April 26, 2016 payoff statement was provided to you well in advance of your closing date of May 23, 2016, and was provided with a good through date of June 1, 2016, which was more than a week after your expected closing date. Thus, CMS is uncertain as to why your closing attorney was unable to reply upon the April 26, 2016, payoff statement. Nevertheless, on May 19, 2016, you contacted CMS and requested that an updated payoff statement be provided to you via email and also requested that a copy of the payoff statement be faxed to your attention at [redacted].
Later that same day, CMS issued the attached payoff statements to you via email at [redacted] and a copy was also faxed to your attention at [redacted]. CMS would like to point out that the fax number you provided to CMS at that time was the same fax number that CMS was previously provided as the fax number for your closing attorney. As you can see, each of the updated payoff statements provided $137,671.49 as the amount to pay the loan off in full on or before June 1, 2016 which was the same amount provided to your closing attorney on April 26, 2016.
Even later on May 19, 2016, CMS received yet another request to provide another payoff statement. Due to the high volume of payoff requests made that day, and due to the fact that this new payoff request was received by CMS late on Thursday, May 19, 2016, CMS returned a final payoff statement to your closing attorney on Monday, May 23, 2016 via fax at [redacted]. This payoff statement again provided $137,671.49 as the amount to pay the loan off in full on or before June 1, 2016, which was the exact same amount that had been provided to your closing attorney on April 26, 2016, and that had been provided to you (by email) and your closing attorney (by facsimile) on May 19, 2016.
Our records show that on May 24, 2016, CMS received payoff proceeds in the amount of $137,671.49 which were sufficient to pay your loan off in full. Please be advised that CMS is currently taking the necessary actions required to complete the final reconciliation of the loan. Should any escrow refund be forthcoming, such escrow refund will be issued by CMS within the timeframe required under applicable law. Please note that any such refund will be sent to the mailing address of record which is currently [redacted].
CMS is sorry to hear that you are dissatisfied that CMS was unable to verbally provide you with the amount required to pay off your loan in full. Please be advised that CMS does not provide such verbal payoff quotes in an effort to avoid any telephonic miscommunication that may occur. Moreover, based on our understanding of industry standards, we respectfully submit that it is highly unlikely a closing company would rely upon a verbal payoff quote for the sale a property secured by a Deed of Trust/Mortgage.
In regard to your dissatisfaction that your calls were not transferred to representatives within CMS’s Payoff Department, please be advised that while CMS has a number of employees tasked with handling borrower calls, CMS’s Payoff Department employees are tasked with fulfilling payoff statement requests in a timely manner and do not handle such calls from borrowers or their respective third parties.
Finally, in response to the concerns you have raised with the customer service and communication you received from CMS, our records show that multiple CMS representatives have been professional and courteous to you and have attempted to assist you with your payoff requests time and time again. Our records also show that your calls have been returned by CMS; however, the return calls made went unanswered by you. Nevertheless, we sincerely apologize if the level of customer service you received from CMS did not meet your expectations.
Based on the foregoing, we believe the record is clear that CMS has promptly provided you and your closing attorney with multiple payoff statements outlining the amount required to pay the loan off in full. In fact, our records show that CMS issued a payoff statement as early as April 26, 2016 (nearly a month prior to your closing date of May 23, 2016) that provided the correct amount to pay the loan off on or before June 1, 2016. Should you wish to further discuss any aspect of the loan, we encourage you to contact CMS’s Customer Service Department at [redacted] for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

December 16, 2016     Original  Response Sent Via Regular Mail   [redacted]   [redacted]      [redacted]       ...

            [redacted]   
                        [redacted]       [redacted]             [redacted]                      Dear Mr. and Ms. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on November 29, 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 claim that you paid your November 1, 2016 mortgage payment in the amount reflected in a mortgage statement sent to you by CMS.  You also claim that CMS completed an analysis of your escrow account which increased your November 1, 2016 payment by approximately $53.00 and that you received notification of the increased payment after that payment became due.  You raise concerns that CMS failed to properly apply your funds to satisfy the November 1, 2016 payment which caused a late charge to be assessed to your loan.  You also suggest that CMS is required to complete an annual escrow analysis for your loan during the month of August.  The resolution you desire is for CMS to remove the late charge from your loan, and apply the funds toward your principal balance.   At the outset, please note that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from Bank of America N.A. (“BANA”) to CMS on April 2, 2015.  On April 6, 2015, CMS issued a Notice of Servicing 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 May 1, 2015 mortgage payment.  A review of our records shows CMS received your May 1, 2015 through July 1, 2015 mortgage payments in a timely fashion.   As you may know, the Real Estate Settlement Procedures Act (“RESPA”) requires that an escrow analysis be completed within sixty days following a service transfer.  On June 2, 2015, CMS completed the first escrow analysis for your account and sent the attached Annual Escrow Account Disclosure Statement (“AEADS”) to you.  Based on the calculations from the June 2, 2015 AEADS, the projected escrow disbursement for the escrow cycle beginning August 1, 2015 and ending July 31, 2016 was calculated to be $4,136.40.  More specifically, the AEADS projected that your yearly city taxes would be $3,383.40, and your yearly homeowners insurance premium would be $753.00, which added together equals $4,136.40. This amount spread over a twelve month period was equal to approximately $344.70 per month.   Moreover, 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 the 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 borrower’s escrow account. Because escrow items remain your responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds. 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 www.hud.gov.   Therefore, CMS was authorized to collect no more than 1/6th of your total projected escrow disbursement for the escrow cycle beginning August 1, 2015 and ending July 31, 2016.  Correspondingly, the total escrow cushion that CMS was allowed to collect was $689.40, which represents two months of escrow payments.  Based on the calculations from the June 2, 2015 escrow analysis, your low point escrow balance was $641.98.  In order to reach the required escrow balance of $689.40, the allowed 1/6th cushion, CMS needed to collect an escrow shortage in the amount of $47.42.  Resultantly, that is the reason why your overall monthly mortgage payment decreased by $19.42, from $1,266.41 to $1,246.99 effective with the August 1, 2015 mortgage payment.   On June 8, 2015, CMS sent the attached Adjustable Rate Mortgage (“ARM”) Change Notice to you.  The ARM Change Notice advised you of the interest rate change that would become effective on July 1, 2015.  The ARM Change Notice explained that your interest rate would increase from 2.375% to 2.5% pursuant to the terms of your original loan documents.  The ARM Change Notice also advised you that your principal and interest payment would increase from $898.34 to $907.98 effective with the August 1, 2015 mortgage payment.  Our records show that CMS continued to receive timely mortgage payments from you following this notice.   On September 18, 2015, CMS completed another escrow analysis which was sent to you that same day.  It is important to understand that CMS reanalyzed your escrow account pursuant to the regular escrow analysis schedule for your state.  CMS is uncertain why you claim that CMS is required to perform an annual escrow analysis during the month of August. Indeed, CMS is aware of no specific requirement as to when escrow analyses must be performed for loans secured by property located in New Jersey. With that in mind, CMS has determined it is reasonable to perform an escrow analysis in September of each year for the State of New Jersey.   The purpose of this AEADS was to advise you of the projected escrow activity for the escrow cycle beginning November 1, 2015 and ending October 31, 2016.  Specifically, the escrow analysis projected that your yearly city taxes increased from $3,383.40 to $3,410.12, and your yearly homeowners insurance premium remained at $753.00.  Correspondingly, the total disbursements for this escrow cycle were calculated to be $4,163.12, which if spread over a twelve month period was equal to $346.92 per month.   Based on the calculations from the September 18, 2015 escrow analysis, your low point escrow balance was $980.69, which was more than the required low point escrow balance of $693.84, the allowed 1/6th escrow cushion, thus creating an escrow surplus in the amount of $286.85.  An escrow refund check in the amount of $286.85 was issued to you on September 18, 2015.  Resultantly, that is the reason why your overall monthly mortgage payment decreased by $1.73, from $1,256.63 to $1,254.90 effective with your November 1, 2015 mortgage payment.  Our records show that CMS continued to receive timely mortgage payments from you.   On June 7, 2016, CMS sent the attached ARM Change Notice to you.  The ARM Change Notice advised you of the interest rate change that would become effective on July 1, 2016.  The ARM Change Notice explained that your interest rate would increase from 2.5% to 2.875% pursuant to the terms of your original loan documents.  The ARM Change Notice also advised you that your principal and interest payment would increase from $907.98 to $937.33 effective with the August 1, 2016 mortgage payment.  As in the past, CMS continued to receive timely mortgage payments from you.   On September 16, 2016, CMS completed a new escrow analysis for your loan to fall in line with the New Jersey annual escrow analysis cycle and issued you the attached escrow analysis notification.  The purpose of the AEADS was to advise you of the projected escrow activity for the escrow cycle beginning November 1, 2016 and ending October 31, 2017.  Specifically, the escrow analysis projected that your yearly city taxes increased from $3,410.12 to $3,717.03, and your yearly homeowners insurance premium decreased from $753.00 to $729.00.  Correspondingly, the total disbursements for that escrow cycle were calculated to be $4,446.03, which if spread over a twelve month period is equal to $370.50 per month.   Based on the calculations from the September 16, 2016 escrow analysis, your low point escrow balance was $381.34.  In order to reach the required escrow balance of $741.00, the allowed 1/6th cushion, CMS needed to collect an escrow shortage in the amount of $359.66.  Resultantly, that is the reason why your overall monthly mortgage payment increased by $53.55, from $1,284.25 to $1,337.80 effective with the November 1, 2016 payment.  CMS is uncertain as to why you claim to have received notification of the increased payment in November 2016 as this escrow analysis was sent to your mailing address of record more than forty-five days prior to the payment effective date.   On October 3, 2016, CMS sent the attached mortgage statement to you reflecting a payment due on November 1, 2016 in the amount of $1,337.80.  On October 14, 2016, you contacted CMS stating you received a monthly mortgage statement with a payment amount of $1,337.80; however, you claimed that you did not receive an escrow analysis informing you of the payment increase.  The CMS representative advised you that an AEADS was completed and mailed to you on September 16, 2016.  The CMS representative requested that a copy of the September 16, 2016 AEADS be resent to you and further advised you that you could access a copy of the AEADS on the CMS website.  Our records show that another copy of the September 16, 2016 AEADS was mailed to you on October 17, 2016.  In light of this information CMS respectfully submits that even if you overlooked the September 16, 2016 AEADS, you were still notified of the payment increase by the October 3, 2016, billing statement, the October 14, 2016, telephone call, the re-delivery of the September 16, 2016 AEADS on October 17, 2016, and the availability of the September 16, 2016 AEADS through the CMS website, all at least two weeks prior to November 1, 2016.   On November 2, 2016, CMS received funds in the amount of $1,284.25 from you.  Because these funds were not sufficient to satisfy your November 1, 2016 payment of $1,337.80, these funds were placed in an unapplied status.  On November 18, 2016, CMS sent that attached No Contact/Late Charge Assessed Letter to you.  That notice informed you that as of November 17, 2016, CMS had not received your full November 1, 2016 mortgage payment.  Accordingly, a late charge in the amount of $53.51 was assessed.   Ten days later, on November 28, 2016, you contacted CMS and informed the CMS representative that you had received notification from CMS that your November 1, 2016 payment was not received.  The CMS representative confirmed receipt of a partial payment of $1,284.25 on November 2, 2016, but reminded you that the funds were not sufficient to satisfy the full contractual payment due.  The CMS representative informed you that the difference needed to satisfy the November 1, 2016 payment was $107.06.  You informed the CMS representative that you had already scheduled a payment of $1,444.86 through your financial institution’s Bill Pay service, but indicated CMS would not receive it until after December 1, 2016.  The CMS representative informed you that if you did not pay the balance of the November 1, 2016 payment, your account would be reported to the credit reporting agencies as being delinquent.  The CMS representative suggested that you make a payment using our online website before the end of the month to avoid being reported delinquent.    You agreed to process a payment in the amount of $1,444.86, and insisted that the CMS representative remain on the telephone while you completed the online payment transaction.  After the transaction was completed, the CMS representative verified the confirmation number with you and informed you that the funds would be combined with the $1,284.25 in unapplied funds and would be applied to your November 1, 2016 and December 1, 2016 payments later that day.   Later that day, CMS reversed $1,284.25 from unapplied status and combined those funds with the $1,444.86 received for a total amount of $2,729.11.  These funds were applied to your November 1, 2016 and December 1, 2016 mortgage payments, each in the amount of $1,337.80.  The remaining $53.51 was applied toward that outstanding late charge assessed on November 17, 2016.  After the application of these funds, your loan was contractually current and due for the January 1, 2017 mortgage payment.   We would like to take this opportunity to remind you that all payments are due on the first day of each month as outlined within the attached Adjustable Rate Note.  If the full contractual payment is not received by CMS on or before the sixteenth day of the month, a late fee may be assessed to your loan.  Any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent.    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, it is clear that CMS properly informed you of the increase to your November 1, 2016 payment by sending you an AEADS on September 16, 2016, by sending you a monthly mortgage statement on October 3, 2016 which reflected the correct payment amount, in speaking with you by telephone on October 14, 2016, by re-sending the September 16, 2016 AEADS on October 17, 2016, and by notifying you of the availability of the September 16, 2016 AEADS through the CMS website, all at least two weeks prior to the payment due date.  CMS has properly applied all funds to your loan in accordance with your Security Instrument.  Furthermore, we believe the record is clear that CMS has analyzed your escrow account in accordance with RESPA guidelines.  Because the late charge of $53.51 in connection with the November 1, 2016 payment was properly assessed to your loan and was not attributed to a CMS handling or posting error, CMS respectfully declines your request to reverse or remove the late charge from your loan.    We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely,     [redacted] Customer Advocate   CC:  Revdex.com

January 26, 2017
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
[redacted]
[redacted]

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

Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on January 11, 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 that you mailed your November 1, 2016 mortgage payment to CMS via express mail and received confirmation that the payment was delivered to CMS on November 16, 2016 which was in time to avoid a late charge from being assessed to your loan. You express concern that a late charge was assessed to your loan even though you have until the sixteenth of the month to make a payment before a late fee should be charged to your loan. You are requesting CMS to waive the late fee that was improperly assessed to your loan.
As a preliminary matter, we would like to take this opportunity to remind you that all payments are due on the first day of each month as outlined within the attached Note. As outlined within section six, a late fee may be assessed to your loan if the payment is not received by CMS on or before the sixteenth day of the month. Any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent.
Upon receipt of your correspondence, we have confirmed that CMS received your November 1, 2016 mortgage payment in the amount of $740.00 on November 16, 2016. Due to an inadvertent handling error, the funds were applied to your loan after the sixteenth day of that month which caused a late charge in the amount of $29.42 to be assessed to your loan. CMS sincerely apologizes for any inconvenience you may have experienced due to the unintentional clerical error and thanks you for allowing CMS the opportunity to take the appropriate corrective action.
Please be advised that CMS has reversed the funds received from you in November 2016 and retroactively applied $735.59 to your November 1, 2016 payment with the remaining $4.41 being applied to your principal balance effective as of November 16, 2016. By retroactively applying the funds to your loan as of the original date of receipt, a late charge was no longer assessed to your loan for that month.
As of the date of this loan, your loan is contractually current and showing due for the February 1, 2017 mortgage payment. Attached for your ease of reference is a copy of your loan payment history along with a copy of the loan servicing system payment codes and definitions. Again, we sincerely apologize for any inconvenience you may have experienced due to the unintentional clerical error.
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.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 3489, Anaheim, CA 92803, or by calling 1-800-561-4567. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at (800) 569-4287 or toll-free TDD (800) 877-8339, or by going 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.

July 7, 2016     [redacted]  [redacted]   RE:      Complaint No.:          ...

[redacted]                    Loan No.:                    [redacted]             Property Address:       [redacted], [redacted]  [redacted]                         Dear Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on June 15, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your complaint, you claim that you contacted CMS several times to inquire about your loan, but you were informed that your loan information was not yet available on the CMS loan servicing system.  You express concerns and dissatisfaction with the transfer, and state that you also received correspondence from CMS which indicated your loan was in default, and showed default fees due in the amount of $290.00.  You go on to say that you should not be responsible for the fees in the amount of $290.00 because you have not defaulted on your loan.    At the outset, please note that the servicing of this loan transferred from [redacted] (“[redacted]”) to CMS on or about May 16, 2016.  Attached for your ease of reference is a copy of the May 23, 2016 Notice of Service Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer.  At the time of the service transfer your loan was showing contractually due for the May 1, 2016 payment.   Upon review, our records show that on June 3, 2016 CMS sent you a billing statement that showed your loan as due for the May 1, 2016 and June 1, 2016 payments, plus outstanding fees in the amount of $290.00.  This billing statement shows a “Delinquency Notice” message, which explained that your loan was past due for the May 1, 2016 contractual payment at the time.  It is important to note that this message is a standard system generated message that is included on CMS billing statements when a loan is showing contractually past due.  Attached for your ease of reference is a copy of this statement. On June 8, 2016, you contacted CMS and during this call the CMS Representative confirmed the service transfer from [redacted] to CMS on May 16, 2016.  In addition, you were informed that your loan was showing due for the May and June 2016 payments in the amount of $681.05 each, plus outstanding fees in the amount of $290.00, for a total of $1,652.10.  In addition, the CMS Representative informed you that the outstanding fees in the amount of $290.00 were fees assessed to your loan by the prior servicer.  You indicated that [redacted] had not notified you of this transfer, and that you did not want to make any payments to CMS until you had a chance to verify the service transfer information with your prior servicer.  You also indicated that you would obtain details from the prior servicer about the outstanding fees in the amount of $290.00.     Thereafter, on June 14, 2016 you called CMS and during this call you expressed concerns and dissatisfaction with CMS because you had received a statement which indicated that your loan was delinquent, and that a default fee in the amount of $290.00 had been charged to your loan.  The CMS Representative explained that the loan was showing due for the May and June 2016 payments, plus outstanding fees in the amount of $290.00, which had been assessed to your loan by the prior servicer.  The CMS Representative assured you that no late fees had been assessed to your loan and that no derogatory information would be reported to the credit agencies during the sixty day post-transfer period.  The CMS Representative also apologized for any misunderstanding, and inconvenience you may have experienced after the service transfer to CMS.  In addition, the CMS Representative agreed to accept your payment by phone and waived the associated fee of $15.00.  That same day, the CMS Representative processed your payment by phone request and scheduled this payment to be drafted from your bank account on June 15, 2016 in the amount of $1,362.10.  In closing, you informed the CMS Representative that you would contact your prior servicer to inquire about the outstanding fees of $290.00.   Subsequently, on June 15, 2016 CMS processed your payment in the amount of $1,362.10, and this payment was applied to your May 1, 2016 and June 1, 2016 payments in the amount of $681.05 each.  As of the date of this letter, your loan is showing due for the July 1, 2016 payment.  Attached for your ease of reference is a payment history that shows your payment transactions from June 3, 2016 to June 15, 2016.    Additionally, your prior servicer has informed us that the $290.00 corporate advance fee is a title fee that was assessed to your loan on March 23, 2016.  Attached for your ease of referenced is a payment history provided by [redacted] that shows your payment and fee transactions from May 2, 2006 to the date of the service transfer to CMS.   We regret that your initial contacts with CMS as your new servicer did not meet your expectations, and we would like to take this opportunity not only to sincerely apologize for any inconvenience that you may have experienced in this matter, but also to thank you for bringing this matter to CMS’s attention.  CMS is always interested in how we may improve service levels, and your feedback is important to us.   We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely,     [redacted] 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].

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], my loan information was changed, from what it should have been from the year 2011 agreement. But we are working toward correcting this issue. I would like for my file to remain open until I am completely in agreement with the outcome.
Regards,
[redacted] N.d.

The Customer Advocacy Department of Carrington Mortgage Services, LLC ("CMS") is in
receipt of a complaint filed with the Revdex.com regarding the above-referenced loan
received in our office via email on November 4, 2014. CMS is committed to responsible lending
and servicing and we would like to address any concerns you may have. The following is our
response to the issue(s) raised in the inquiry.
As you are aware, our Customer Advocacy Department originally received an inquiry from the
Revdex.com on October 22, 2014 which raised the same issues as this complaint.
Accordingly, the loan was researched and a response was sent to you by CMS on November 3,
2014, a copy of which is included here for your ease of reference.
You are now indicating that the response CMS issued on November 3, 2014 did not resolve your
concerns. Accordingly, CMS is now addressing the issues you have raised within your
November 4, 2014 rebuttal.
In response to your claim that CMS has not provided you with the description of the $20.00 fee,
we would like to refer you to the response CMS sent on November 3, 2014. Recall, CMS
informed you that the $20.00 fee assessed on September 29, 2014 was in connection with a
property inspection that was ordered by CMS when your loan was delinquent.
To further clarify, the attached property inspection was ordered by CMS on September 11, 2014.
At the time the property inspection was ordered your loan was in default and showing due for
August 1, 2014. Please be advised that pursuant to your Deed of Trust, this fee was properly
assessed and in compliance with applicable law. For your ease of reference, please see Section
Five (5) of the attached Deed of Trust which states: "Lender may inspect the property if the
property is vacant or abandoned or the loan is in default."
In the November 4, 2104 rebuttal, you restated that a CMS representative informed you that
there would be no fees assessed to your loan if the October 1, 2014 payment was received before
the sixteenth day of the month. However, CMS previously notified you that the payment you
made on October 16, 2014, for the payment due on October 1, 2014, was returned unpaid on
October 20, 2014 which resulted in a permissible late charge being assessed to your loan.
Therefore, we must again respectfully decline your request to waive the valid late charge.
We would like to take advantage of this opportunity to remind you that all payments are due on
the first day of each month, are considered late as of the second day of the month, and if not
received by CMS after 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. Attached for your ease of reference is a
copy of your Promissory Note that outlines the above information.
As you may recall, CMS previously apologized that you did not find CMS' s online payment to
be user friendly. However, CMS's website does allow borrowers a no-cost option to remit
electronic payments to CMS which are credited the same business day as long as the payment
transaction is made prior to 11:00 p.m. EST.
Based on the foregoing, we believe the record is clear that CMS has properly serviced your loan
and has permissibly assessed a property inspection fee and the late charge to your loan. Should
you wish to further discuss the payment options that are available to you, we encourage you to
contact our Customer Service Department at (800) 561-4567 for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you
have any further questions, please contact the undersigned at (866) 874-5017, Monday through
Friday, 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate