Carrington Mortgage Services LLC

August 19, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Dear Mr. [redacted]:
The...

Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on July 29, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that CMS increased your monthly mortgage payment amount in order to collect an escrow cushion without sending you any type of notification. You go on to say that the only notification you received was on July 27, 2015 advising you of your payment increase for the August 1, 2015 payment. Consequently, you want CMS to provide you with proper notification of any changes in your payment amount at least thirty (30) days in advance and to change the current payment increase effective date to September 1, 2015 instead of August 1, 2015.
At the outset, please note that the servicing of your loan was transferred from [redacted] (“[redacted]”) to CMS on or about April 2, 2015. At the time of the service transfer your loan was contractually current and due for the May 1, 2015 payment.
Based on a review of your loan, our records indicate that on June 2, 2015 CMS analyzed your escrow account and sent you an Annual Escrow Account Disclosure Statement (“AEADS”). For your reference, please find attached hereto as Exhibit “A” a copy of the June 2, 2015 AEADS. The purpose of the AEADS was to advise you of your projected escrow activity for your escrow cycle beginning August 2015 and ending July 2016. More specifically, the AEADS projected that your yearly county taxes would be $4,651.46 and that your yearly homeowners insurance premium would be $776.00. Correspondingly, your total disbursements for your escrow cycle beginning August 2015 and ending July 2016 were calculated to be $5,427.26.
That said, please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.
Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th of the total annual projected escrow disbursements made during an escrow cycle. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].
Therefore, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning August 2015 and ending July 2016. The total escrow cushion that CMS may collect is $904.56.
Based on the calculations from the June 2, 2015 AEADS, your low point escrow balance is $822.84. As a result, in order to reach a low point escrow balance of $904.56, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $81.72. Please note that your escrow shortage would have been collected over a twelve (12) month period starting with your August 1, 2015 payment. Resultantly, that is the reason why your overall monthly mortgage payment increased from $1,528.76 to $1,544.09. Please further note that the June 2, 2015 AEADS was sent approximately sixty (60) days prior to the effective date of the payment increase.
Thereafter, our records indicate that on July 24, 2015 CMS reanalyzed your escrow account and sent you a new AEADS. For your reference, please find attached hereto as Exhibit “B” a copy of the July 24, 2015 AEADS. The purpose of the July 24, 2015 AEADS was to advise you of your new projected escrow shortage. Based on the calculations, your new low point escrow balance is $829.55 instead of the previously calculated low point escrow balance of $822.84. As a result, in order to reach a low point escrow balance of $904.56, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $75.01. Please note that your escrow shortage will be collected over a twelve (12) month period starting with your September 1, 2015 payment. Resultantly, that is the reason why your overall monthly mortgage payment decreased from $1,544.09 to $1,543.53. Lastly, please further note that the July 24, 2015 AEADS was sent approximately thirty-eight (38) days prior to the effective date of the payment decrease.
As a reminder, your Promissory Note provides you a fifteen (15) day grace period after the due date to pay your monthly payment without a late charge. In other words, the mortgage payments are due on the first (1st) of each month and considered late if not received by the sixteenth (16th) of the month. Moreover, if you would like to view your recent payment activity, download a copy of your most recent billing statement or escrow analysis, or make a payment, CMS encourages you to log in to your online account by visiting https://carringtonms.com. Please note that by accessing your online account you will be able to view your monthly mortgage statements more quickly than waiting for a physical copy to arrive in the mail.
As a result of our investigation we find no evidence of wrongdoing on CMS’s behalf. While we understand you would have preferred a different outcome, we respectfully submit that the collection of the cushion is permitted by law and common within the mortgage industry. Therefore, CMS will continue to comply with federal law and collect the allowable escrow cushion.
Please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
[redacted]
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

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.
The reason that I disagree to the response is when I spoke to one of the Representatives, [redacted],  there before sending the amount $1,640.56  I asked will this bring the account current from what you show and she stated yes, which I still could not understand why the account was delinquent. I requested the copy of the life of the loan of the payments that they received , and I still have not received the information. I also requested the removal of $15.00 that is being charged additional to my account that I have not signed for. The reason I believe there has been some misapplied to the account is because I sent in a payment of $730.00 and still do not understand how my account was a month behind. When I sent the payment in on the account as the Representative advised, stated above, I also requested that the unapplied  amount to be added to the account also. I really do want to resolve this matter soon. The records I have I am current on my loan. I still would like the payment history record from 2006 to current on the mortgage.
Regards,
[redacted]

June 24, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Primary Borrower: [redacted]
Secondary Borrower: [redacted]
Property Address: [redacted]
Dear Mr. and Mrs. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com received in our office via e-mail on June 10, 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 CMS is engaging in unfair business practice by collecting an escrow cushion. You go on to say that every time you have called CMS you have experienced hold times in excess of twenty (20) minutes to speak with a representative. Lastly, you state that CMS incorrectly calculated your escrow shortage and overpaid on your annual homeowners insurance premium. Consequently, you want CMS to reanalyze your escrow 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 next due for the April 1, 2015 payment.
Based on a review of your loan, on April 13, 2015 CMS inadvertently paid your yearly homeowners insurance premium in the amount of $884.00. The total amount due was $844.00. CMS sincerely apologizes for this inadvertent error and for any inconveniences we may have caused. Consequently, you can expect a refund check in the amount of $40.00 directly from your insurance provider. Once you receive the refund, please send the same to CMS. Upon receipt of the funds, CMS will apply that amount towards your escrow and reanalyze your account. Once CMS reanalyzes your account, you can expect your escrow shortage to decrease by $40.00.
That said, please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is an amount of money held in your escrow account to prevent your escrow balance from being overdrawn when increases in disbursements occur. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds. Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th of the total annual projected escrow disbursements made during an escrow cycle. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at [redacted].
We acknowledge that, during the period immediately after a recent transfer of loans, CMS experienced an unusually high volume of calls. Consequently, although CMS strives to answer all customer calls promptly, customers calling CMS may have occasionally experienced infrequent hold periods longer than we prefer while waiting to speak with a CMS representative. Please know that CMS did everything in its power to speak with all customers and answer as many calls as possible within a reasonable timeframe. Nevertheless, CMS understands your frustration and we sincerely apologize for any inconvenience you may have experienced. Additionally, we believe that the underlying causes for the delays have been resolved and it is unlikely that you will experience similar wait times going forward. Once again, CMS sincerely apologizes for any inconveniences you may have experienced and we will continue to improve on our services in order to offer a better experience for all of our customers.
In closing, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [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 20, 2014
 
 
[redacted]. [redacted]
[redacted]
[redacted]  [redacted]
 
RE:      Loan No.:                   ...

[redacted]
            Complaint ID:             [redacted]
           
Dear Mr. [redacted]:
 
The Customer Advocate Department
of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed
with the Revdex.com (“Revdex.com”) received in our office via email on
January 3, 2015.  CMS is committed to
responsible lending and servicing and we would like to address any concerns you
may have.  The following is our response
to the issue(s) raised in the inquiry.
 
As we understand your complaint,
you claim that you contacted CMS in November 2014 to make arrangements to pay the
December 1, 2014 payment in the amount of $1,414.91, which included late fees
and scheduled the payment to be drawn against your bank account on December 16,
2014.  However, you called CMS to change the
payment date to December 15, 2014 and the amount to $1,223.76, which did not
include late fees, and the CMS representative confirmed these changes.  Subsequently, you discovered that CMS did not
cancel the first payment in the amount of $1,414.91 and processed both payments
against your bank account, causing you to also acquire an overdraft fee in the
amount of $38.50.  In addition, you state
that your attempts to resolve this matter with CMS have been unsuccessful and
although you have been told that CMS will refund the duplicate payment, as of
the date of your complaint you have not received anything.
 
Upon review, our records confirm that
on November 17, 2014, you contacted the CMS to schedule a check by phone payment
in the amount of $1,414.91, which included late fees, with a process date of December
16, 2014.  On December 11, 2014, you
contacted CMS to change the previously scheduled payment date to December 12,
2014 and the amount of the payment to $1,208.76, which did not include late
fees.  On December 19, 2014, you
contacted CMS and informed us that both payments had been processed in error
and that you were also charged an overdraft fee in the amount of $38.50 by your
bank.  The CMS representative asked you
to fax copies of the canceled checks and bank statement to have the matter researched.  That same day, your correspondence was
received via fax and the information was forwarded to a CMS Supervisor for
review.  On December 22, 2014, you
contacted CMS to obtain a status update on the payment issue and the CMS
representative informed you that there was no update noted on file.  However, the CMS representative suggested
that you fax the documentation directly to the CMS Supervisor and she provided you
with the fax and telephone number for the CMS Supervisor.
 
On December 23, 2014, you contacted
CMS and requested to speak with the CMS Supervisor, and you were informed that
the Supervisor was not available: however, per the notes on file, CMS was
processing your refund of the duplicate payment. 
 
On December 26, 2014, CMS sent
you a refund check in the amount of $1,414.91, for the duplicate payment.  On December 29, 2014, CMS sent you a refund
check in the amount of $38.50 for the overdraft bank fee.
 
Based on the foregoing, we
acknowledge that CMS missed opportunities to provide you with a more timely
response to your request to cancel the original scheduled payment for December
16, 2014, and process your refunds, and would like to take this opportunity not
only to express our sincere apologies for the inconvenience that you may have
experienced in this matter, but also to thank you for bringing this matter to
CMS’s attention.  CMS is always looking
for ways to improve service levels and your feedback is important us.
 
We trust that this communication
addresses all of the concerns noted in the complaint.  If you have any further questions, please
contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to
5:00 PM, Pacific Time.
 
Sincerely,
 
 
[redacted]
Customer Advocate
 
CC:      Revdex.com
 
 
-INQUIRIES
& COMPLAINTS-
For inquiries and complaints about your mortgage
loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington
Mortgage Services, LLC, Attention: Customer Service, P.O Box 54285, Irvine, CA
92619-4285, or calling 1-800-561-4567. 
Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for
Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m.
to 9:00 p.m. Eastern Time, Monday through Friday. You may also visit our
website at myloan.carringtonms.com.
 
-IMPORTANT
BANKRUPTCY NOTICE-
If you have been discharged from personal liability
on the mortgage because of bankruptcy proceedings and have not reaffirmed the
mortgage, or if you are the subject of a pending bankruptcy proceeding, this
letter is not an attempt to collect a debt from you but merely provides
informational notice regarding the status of the loan.  If you are represented by an attorney with
respect to your mortgage, please forward this document to your attorney.
 
-CREDIT
REPORTING-
We may report information about your account to
credit bureaus. Late payments, missed payments, or other defaults on your
account may be reflected in your credit report. 
As required by law, you are hereby notified that a negative credit
report reflecting on your credit record may be submitted to a credit reporting
agency if you fail to fulfill the terms of your credit obligations.
 
-MINI
MIRANDA-
This communication is from a debt collector and it
is for the purpose of collecting a debt and any information obtained will be
used for that purpose. This notice is required by the provisions of the Fair
Debt Collection Practices Act and does not imply that we are attempting to
collect money from anyone who has discharged the debt under the bankruptcy laws
of the United States.
 
-HUD
STATEMENT-
Pursuant to section 169 of the Housing and Community
Development Act of 1987, you may have the opportunity to receive counseling
from various local agencies regarding the retention of your home.  You may obtain a list of the HUD-approved
housing counseling agencies by calling the HUD nationwide toll free telephone
number at (800) 569-4287.
 
-EQUAL
CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits
creditors from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, or age (provided the
applicant has the capacity to enter into a binding contract); because all or
part of the applicant’s income derives from any public assistance program; or
because the applicant has, in good faith, exercised any right under the
Consumer Credit Protection Act. The Federal Agency that administers CMS’
compliance with this law is the Federal Trade Commission, Equal Credit
Opportunity, Washington, DC 20580.
 
-SCRA
DISCLOSURE-
MILITARY
PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a
member of the military, please contact us immediately.  The federal 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 the
Customer Service Department at (800) 561-4567, Monday through Friday, 8:00 a.m.
to 9:00 p.m. Eastern Time or by mail at P.O. Box 54285, Irvine, CA 92619 –
4285.

August 27, 2015
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Ms. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our via email on August 11, 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 you are aware, our Customer Advocacy Department originally received an inquiry from you via the Revdex.com on July 13, 2015 which raises the same issues as this complaint. Accordingly, the loan was researched and a response was sent to you by CMS on August 6, 2015, a copy of which is included here for your ease of reference. Please note that while the August 6, 2015 response has provided you with nineteen (19) pages of documents to support CMS’s response to you, CMS is not attaching another copy of the documents to avoid unnecessary duplication of efforts.
As we understand your most recent complaint, you claim that CMS has only modified your loan once despite the fact that CMS has modified your loan twice, has provided you with the terms of both loan modifications and has also provided you with copies of the loan modification agreements that you executed in the presence of a notary on November 25, 2008 and on December 13, 2009. For your reference, CMS is providing you with another copy of each of these two loan modification agreements and respectfully submits that CMS modified your loan twice as originally stated in the August 6, 2015 response.
CMS also understands that you claim that CMS is reporting your loan and payment information to the credit bureaus two months late. Again, CMS respectfully disagrees with your claim. Please note that CMS typically reports loan and payment information to the major credit reporting agencies on or about the tenth day of the following month. For example, CMS would report information to the credit reporting agencies on or about February 10, 2015 for loan payment information surrounding the month of January 2015.
A review of our records as far back as January 1, 2015 found that CMS has reported your loan as 30-59 days past due for the months of March 2015, May, 2015, and June 2015 as CMS has in fact received the full contractual payments a month after the month in which these payments became due on the first day of each month. This is the reason CMS has issued you mortgage statements showing that your loan was past due. CMS would like to remind you that a copy of your loan payment history was provided to you in the CMS’s August 6, 2015 response.
CMS is able to confirm that on March 3, 2015, CMS received funds in the amount of $633.17 which were applied to the March 1, 2015 mortgage payment. On March 13, 2015, CMS was notified that this payment was returned unpaid by your banking institution as nonsufficient funds. It was not until April 7, 2015 when CMS received and applied funds to replace the March 1, 2015 mortgage payment. This payment was correctly reported as being 30-59 days past due on or about April 10, 2015.
On April 28, 2015, CMS received and applied the payment that became due on April 1, 2015 which is why CMS reported that this payment was made within the same month that the payment became due. This information was reported to the credit bureaus on or about May 10, 2015. On June 3, 2015, CMS received and applied your May 1, 2015 mortgage payment. Accordingly, CMS correctly reported this payment as being 30-59 days past due on or about June 10, 2015. On July 9, 2015, CMS received and applied your June 1, 2015 mortgage payment. CMS correctly reported this payment as being 30-59 days past due on or about July 10, 2015.
In response to your concern that CMS has sent you foreclosure notices, please be advised that on July 7, 2015, CMS issued you the attached Notice of Intent to Foreclose (“NOI”). Pursuant to the terms of your loan documents, this notice is being sent when the loan becomes delinquent or past due. The notice explained that your loan was in default for the nonpayment of the June 1, 2015 contractual payment and provided $1,246.01 as the amount required to cure the delinquency. This letter also notified you that failure to cure the delinquency within thirty days may result in acceleration of the sums secured by the Mortgage and in the sale of the property.
On July 15, 2015, CMS received and applied your July 1, 2015 mortgage payment. On or about August 10, 2015, CMS reported that this payment was made within the same month that the payment became due. On August 14, 2015, CMS received and applied your August 1, 2015 mortgage payment. CMS has not yet reported this payment to the credit bureaus; however, CMS intends to report that this payment was made within the same month that the payment became due on or about September 10, 2015. In light of this information, CMS respectfully disagrees with your claim that CMS has improperly reported loan and payment information to the credit bureaus two months late.
Because you have indicated that you believe your mortgage payment is not late when it is paid on the sixteenth day of the month, please be advised that all payments are due on the first day of each month, and are considered late as of the second day of the month. If the payment is not received by CMS on or before the sixteenth day of the month, a late fee will be assessed to your loan. Any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent.
In your complaint, you indicate that you wish CMS to provide you with mortgage assistance. As you are aware, CMS received your most recent loan modification application for consideration under the Home Affordable Modification Program (“HAMP”) on December 19, 2014. After gathering all of the required information from you, CMS determined you failed to qualify under HAMP as your post modification debt to income ratio of 16.92% was outside of the required program range of 25-42%. Consequently, CMS issued you the attached HAMP Non-Approval Notice on January 27, 2015.
CMS then reviewed your loan for a Non-HAMP loan modification and determined that based upon your verified monthly income and the current mortgage payment at the time the review was completed you were not eligible for a loan modification. Accordingly, CMS issued you the attached Loan Modification Non-Approval Notice on January 27, 2015.
If you are experiencing financial difficulty in paying the above referenced monthly contractual payment and have had a change in your financial circumstances, we encourage you to apply for mortgage assistance. CMS offers various loss mitigation workout options that may be available to you. You may visit CMS’s website at [redacted] to learn more about the loss mitigation workout options and to upload the required documents electronically. Your complete mortgage assistance application package may be sent to CMS via email at [email protected] or via fax at [redacted].
In addition, you have the option to contact a United States Department of Housing and Urban Development (“HUD”) approved housing counselor at no cost to you. A HUD approved housing counselor can help you make a budget so that you can meet your monthly mortgage payment and other expense obligations. The HUD approved counselor will have information about local resources that may be helpful to you.
For your ease of reference, more information regarding the benefits of contacting a HUD approved counselor can be found on MHA’s website at [redacted]. In addition to accessing MHA’s website, you may also call [redacted] to speak to an expert advisor immediately, twenty four hours a day, seven days a week and this valuable, around-the-clock service is available at no cost to you.
Because your most recent correspondence appears to be substantially similar to correspondence previously addressed by CMS, no further response from CMS is required. Moreover, please be advised that because CMS has now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims.
Based on the foregoing, we believe the record is clear that CMS has in fact modified your loan on two separate occasions, has correctly reported your loan and payment information to the credit bureaus timely, and has properly issued you accurate mortgage statements and notices informing you of the status of your loan and the consequences you could face if the loan delinquency was not resolved within thirty days of such notice being sent to you. As of the date of this letter, your loan is contractually current and showing due for the September 1, 2015 mortgage payment. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-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.
-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].
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

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

[redacted]
 
 
[redacted]
 
[redacted]
[redacted]
[redacted]
 
            [redacted]         [redacted]...

[redacted]                    [redacted]
                           [redacted]                      [redacted]
                           [redacted]                    [redacted]
                           [redacted]       [redacted]   Dear Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on April 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 your inquiry.   As we understand your complaint, you state that CMS increased your monthly mortgage payment from $737.00 to $1,042.01 shortly after the effective date of the service transfer. Notwithstanding your request for an explanation with regard to the increased monthly mortgage payment amount, you state that the CMS representatives have given you a different explanation each time you call. As a result, your desired resolution is for CMS to honor the original monthly mortgage payment amount prior to the service transfer.   As a preliminary matter, our records confirm that you filed a Chapter 13 Voluntary Petition in the U.S. Bankruptcy Court Eastern District of Texas (Sherman) on June 26, 2012. Consequently, it is important that you understand that this correspondence is not an attempt to collect a debt, but merely an informational response to your request to provide you with your current account status.   At the outset, please note that the servicing of your loan was transferred from Bank of America, N.A. (“BofA”) to CMS on or about December 2, 2016. At the time of the service transfer the loan was contractually current and due for the January 1, 2017 mortgage payment. As you may already know, servicing rights arise at the time the loan is originated, but such rights are commonly bought and sold in the marketplace. Consequently, we respectfully submit that CMS acquired the servicing rights to the loan legally and in compliance with all applicable laws. Furthermore, please be advised that the Real Estate Settlement Procedures Act (“RESPA”) requires that an escrow analysis be completed within sixty (60) days following the effective date of a service transfer. On this particular account, our servicing notes indicate that your loan was transferred from BofA to CMS on December 2, 2016; thus, an escrow analysis needed to be completed on or before February 2, 2017. Furthermore, please note that the analysis of your escrow account does not impact your interest rate of 7.0% or your monthly principal and interest payment in the amount of $535.32.   On January 31, 2017, our records indicate that CMS completed the first escrow analysis on your account and sent you an Annual Escrow Account Disclosure Statement (“AEADS”). For your reference and review, attached hereto as Exhibit “A” please find a copy of the January 31, 2017 AEADS. The purpose of the January 31, 2017 AEADS was to advise you of your projected escrow activity for your escrow cycle beginning April 1, 2017 and ending March 31, 2018. More specifically, the AEADS projected that your yearly city taxes would be $1,004.31, your yearly county taxes would be $334.05, your yearly Federal Housing Administration (“FHA”) mortgage insurance premium would be $385.68, and that your yearly homeowners insurance premium would be $1,602.00. Correspondingly, the total disbursements for your escrow cycle beginning April 1, 2017 and ending March 31, 2018 were calculated to be $3,326.04, which if spread over a twelve (12) month period is equal to approximately $277.17 every 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 your 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.   Specifically, RESPA authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two (2) months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve (12) months, unless state law allows for a lesser amount. Additionally, when the escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be the 1/6th escrow cushion amount. If you want 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 is authorized to collect no more than 1/6th of your total projected escrow disbursement for the escrow cycle beginning April 1, 2017 and ending March 31, 2018. Please note that CMS will only collect 1/6th of your total projected escrow disbursement for your yearly city taxes, your yearly county taxes, and your yearly homeowners insurance premium. CMS does not include the disbursement for your yearly FHA mortgage insurance premium in the collection of the 1/6th monthly escrow cushion amount. Correspondingly, the total escrow cushion that CMS may collect is $490.06 which represents approximately two (2) months of escrow payments. Based on the calculations from the January 31, 2017 AEADS, your low point escrow balance was -$223.77. As a result, in order to reach the required escrow balance of $490.06, the allowed 1/6th escrow cushion, CMS needed to collect an escrow shortage in the total amount of $713.83. Please note that the escrow shortage would have been collected over a twelve (12) month period starting with your April 1, 2017 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment increased by $0.43, from $871.54 to $871.97.   Thereafter, on February 24, 2017, CMS performed the most recent escrow analysis. It is important to understand that CMS reanalyzed your escrow account pursuant to the regular escrow analysis schedule for your state. For the State of Texas, CMS performs an escrow analysis on February of each year. Based on the calculations from the February 24, 2017 AEADS, your projected escrow activity for your escrow cycle beginning May 1, 2017 and ending April 30, 2018 were calculated to be $3,326.04. More specifically, the AEADS projected that your yearly city taxes would be $1,004.31, your yearly county taxes would be $334.05, your yearly FHA mortgage insurance premium would be $385.68, and that your yearly homeowners insurance premium would be $1,602.00, which if spread over a twelve (12) month period is equal to approximately $277.17 every month. For your reference and review, attached hereto as Exhibit “B” please find a copy of the February 24, 2017 AEADS.   On the February 24, 2017 escrow analysis, your low point escrow balance was -$164.29. As a result, in order to reach the required escrow balance of $490.06, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $654.35. Please note that the escrow shortage will be collected over a twelve (12) month period starting with your May 1, 2017 mortgage payment. Resultantly, that is the reason why your overall monthly mortgage payment decreased by $4.96, from $871.97 to $867.01.   Based on the foregoing investigation and review of your account, we find no evidence of wrongdoing on CMS’s behalf. While we understand you would have preferred a different outcome, we respectfully submit that the collection of the escrow cushion is permitted by law and common within the mortgage industry. Therefore, CMS will continue to comply with federal law and collect the allowable escrow cushion amount.   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 want to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at (800) 561-4567, Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O. Box 5001, Westfield, IN 46074 or fax your correspondence to (800) 486-5134.     We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.     Sincerely,       [redacted] J. [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.   TEXAS: Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705.  A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550.

November 18, 2015
[redacted]
RE: Loan No.: [redacted]
Case No.: [redacted]
Dear Mr. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com (“Revdex.com”) received in our office via email on November 10, 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 stated that you faxed paperwork to the CMS Customer Service Research Department from your prior servicer [redacted] (“[redacted]”) which stated your payment would be $1,618.00 beginning November 1, 2015. Your complaint also alleged that the Representatives from [redacted] stated they were allowing you to pay only the principal and interest portion of your payment for the first six (6) months, and then resume normal payments which included the escrow portion of your payment.
In reviewing your complaint received by the CMS Customer Research Department, you alleged that your property taxes and insurance were excluded until November 1, 2015. However, the documents supplied by you do not provide sufficient evidence which support your claim. Our review of the documents received confirm you provided copies of the Notice of Service Transfer from [redacted] to CMS, [redacted] Annual Escrow Account Disclosure Statement (“AEADS”) and a copy of your bank statement from [redacted].
We have reviewed the Loan Modification Agreement signed on April 17, 2015 and it clearly shows you were to continue submitting the principal, interest and escrow payment which totaled $1,614.78 beginning with the May 1, 2015 payment. Section Three of the agreement clearly states that you agree to make the monthly payments of principal and interest in the amount of $1,307.02, plus a monthly escrow payment of $307.76 beginning on May 1, 2015 until the new maturity date of April 1, 2045.
Moreover, Section Five of the Loan Modification Agreement states the following: “The borrower agrees to the continuation of the escrow account for the purpose of paying property taxes and insurance in addition to the principal and interest payments. The monthly property tax payment will be $246.34 and the monthly hazard insurance payment will be $63.42 for the total escrow payment of $307.76 starting May 1, 2015 until the principal and interest are paid in full. These full amounts are subject to change from time to time to time as required.”
Based on the Loan Modification Agreement you signed on April 17, 2015, you agreed to the continuation of the escrow account for the purpose of paying property taxes and insurance in addition to the monthly principal and interest payments. It is important to note in our review of the modification agreement and your loan, we found no evidence in which [redacted] agreed to principal and interest only payments for the first six months.
The notification that was generated by [redacted] on July 15, 2015, is the AEADS which provided you the current change in the escrow account based on the changes in the tax and insurance portion of your monthly mortgage payment. The notification stated that as of November 1, 2015, the principal and interest portion of your payment would be $1,307.02 and the new escrow portion of your payment would be $328.38, for a total monthly payment of $1,635.40. The statement generated by [redacted] does not indicate that your payment was only principal and interest. However, the notification does note the adjustment in the escrow payment as it was being serviced by [redacted].
Based on the foregoing, we believe the record is clear that our review has determined that you agreed to the continuation of the escrow account when remitting your monthly payment after your loan was modified with [redacted]. In reviewing the documentation provided by you, we found no evidence in which the escrow portion of your payment was waived for a period of six months, nor did we find evidence in which [redacted] indicated your monthly payment was only principal and interest and did not contain an escrow payment. In fact, our review of the documents provided by you indicates the escrow portion of your payment was to continue after the completed modification of your loan, beginning with the May 1, 2015 payment.
We trust this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

July 30,2015[redacted] RE: Loan No.: [redacted] Borrower: [redacted] Property Address: [redacted] Complaint I.D. No.: [redacted]Dear Ms. [redacted]:The Customer Advocate Department of Carrington Mortgage Services,...

LLC ("CMS") is inreceipt of a complaint filed with the Revdex.com ("Revdex.com") regarding the above-referencedloan received in our office via email on July 8, 2015. CMS is committed toresponsible lending and servicing and we would like to address any concerns you may have. Thefollowing is our response to the issue(s) raised in the inquiry.At the outset, please note that the servicing of this Veteran's Administration ("VA") insured loanwas 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 ofthe service transfer to CMS. At the time of the service transfer, your loan was contractuallycurrent and showing due for the April 1, 2015 mortgage payment in the amount of $1,252.22.It is important to note that while CMS began servicing the loan as of April 2, 2015, the RealEstate Settlement Procedures Act ("RESPA") at 12 USC § 2605(d) prevents CMS from treatingany payment as late for any purposes until the expiration of sixty days after the effective date ofthe servicing acquisition. This sixty day period is specifically intended to allow the acquiringservicer the necessary time to receive the acquisition file from the prior servicer and to ensure therecords of the acquiring servicer reflect the correct loan information. In order to comply withRESPA guidelines, CMS has suppressed the reporting of loan and payment information for thesixty day period following the service transfer of your loan to CMS.While you state that CMS contacted you on April 6, 2015, our records show that your loan wasnot boarded into CMS's loan servicing system until April 9, 2015. Regardless, CMS respectfullysubmits that there was no loan servicing error committed by CMS in contacting on any day afterApril 2, 2015 to collect the payment that became due on April 1, 2105.CMS would like to take this opportunity to remind you that all payments are due on the first dayof each month, and are considered late as of the second day of the month. If the payment is notreceived by CMS on or before the sixteenth day of the month, a late fee will be assessed to yourloan. Any payment received by CMS after the month in which the payment became due may bereported to the credit reporting agencies as delinquent. CMS encourages borrowers to submittheir payments to CMS on the date that the payment becomes due to prevent late fees, orderogatory credit reporting for any unexpected issues that may arise when making monthlymortgage payments.A review of our records found that on April 13, 2015, CMS received written permission fromyou to disclose loan information to [redacted] (''[redacted]"). On April 15, 2015, youcontacted CMS to unlock your account within CMS's Loan Servicing Website ("LSW"). TheCMS representative that you spoke with promptly unlocked your LSW account while on thephone with you.On April 23, 2015, CMS contacted you in an effort to collect the April 1, 2015 mortgagepayment. You declined to make your April 1, 2015 payment at that time and explained that youintended to take advantage of the fact that CMS would not be treating your payments as lateduring the sixty day RESPA period. The CMS representative notified you that collection callswould continue until CMS was in receipt of the April 1, 2015 mortgage payment. You thenexpressed your dissatisfaction that you were not provided with your CMS loan number on thedate that your loan transferred to CMS.During this phone conversation, you also expressed your dissatisfaction that your loan did notboard into CMS's loan servicing system until April 9, 2015, which was five business days afterthe April 2, 2015 service transfer. You then notified the CMS representative that you intended totake the same amount of time to make your payment as it took CMS to board your loan into itsloan servicing system. CMS apologizes for any inconvenience you may have experienced due tothe time it took to board your loan into CMS's loan servicing system; however, this transitionperiod is standard within the industry and in compliance with applicable law.On May 1, 2015, CMS completed an initial escrow analysis for your loan and issued you theescrow analysis. The escrow analysis projected total annual escrow disbursements in the amountof $3,640.45, which included a hazard insurance premium in the amount of $1,222.00, floodinsurance in the amount of $1,658.00, and property taxes in the amount of $760.45. RESPAguidelines limit the amount of funds a loan servicer may require a borrower to hold in an escrowaccount, commonly known as an escrow cushion. Although RESPA does not require the lenderto maintain a cushion, RESPA does allow a loan servicer to maintain an escrow cushion equal totwo months (one-sixth) of the amount of the total annual disbursements paid out of an escrowaccount.Because the total annual escrow disbursements for your loan were projected to be $3,640.45,your escrow account was required to have a minimum of $606.74 at all times ($3,640.45 dividedby 6 equals $606.74). Based upon the projected disbursement date of your annual hazard andflood insurance premiums and the projected date that your property tax payments would bedisbursed, CMS determined that your escrow account would only have funds in the amount of$152.33 in June 2016. Because you are required to have $606.74 in your escrow account at alltimes, CMS determined that your escrow account would contain an escrow shortage in theamount of $454.41 at that time ($606.74 minus $152.33 equals $454.41).In order to prevent any undue hardship, CMS spread the escrow shortage of $454.41 over aperiod of twelve months which resulted in an increase to your monthly mortgage payment from$1,252.22 to $1,283 .94 effective with the July 1, 2015 mortgage payment. For your ease ofreference, a breakdown of that July 1, 2015 mortgage payment is outlined below. Principal and Interest: $ 942.71 Base Escrow Collection: $ 303.37 ($3,640.45 divided by 12) Monthly Escrow Shortage: $ 37.86 ($454.41 divided by 12) July 1, 2015 Payment $ 1,283.94On May 11, 2015, CMS ordered an inspection of the property to determine whether the propertywas vacant in an effort to protect the security interest in the property. A copy of the propertyinspection invoice is attached for your ease of reference. At the time this property inspectionwas ordered, you had failed to perform the covenants and agreements contained in your SecurityInstrument as your loan was in default for the April 1, 2015 and May 1, 2015 mortgagepayments. CMS conducts property inspections under such circumstances to ensure that the valueof the collateral is being preserved. Because this property inspection was lawful as outlinedwithin Section 9, Protection of Lender's Interest in tlte Property and Rights Under tllisSecurity Instrument of the attached Security Instrument, CMS respectfully declines your requestto waive the $20.00 property inspection fee. The pertinent information is outlined below foryour ease of reference. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument. including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability (or not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. (Emphasis added.)On May 15, 2015 and on May 18, 2015, CMS spoke with you in an effort to secure the April 1,2015 and May 1, 2015 mortgage payments. In each of these phone conversations you notifiedthe CMS representatives that you did not make the payments that were due because you wereattempting to refinance your loan. On May 19, 2015, CMS contacted you again. After youverified your identity, the CMS representative notified you that the call was made in an attemptto collect the past due payments, whereupon you abruptly terminated the call.On May 21, 2015, CMS received a Verification of Mortgage ("VOM") request (attached) inconnection with the refinance application you had previously notified us regarding. That day,CMS responded to the VOM request and provided information that included but was not limitedto the date that your mortgage loan was originated, the original principal balance, currentprincipal balance, first payment due date, monthly mortgage payment amount, the date of the lastpayment, the next payment due date, and the amount due. Please be advised that CMS did notstate that the account was past due, and did not complete the sections of the VOM requestingCMS to provide details regarding late payments.Later on May 21, 2015, CMS issued the attached payoff statement to [redacted] providing$161,019.88 as the amount required to pay your loan off in full on or before May 30, 2015. OnMay 29, 2015, CMS received funds in the amount of $2,504.44. These funds were sufficient tosatisfy the April 1, 2015 and the May 1, 2015 mortgage payments in the amount of $1,252.22each. On June 9, 2015, CMS issued the attached payoff statement to [redacted] providing$159,791.48 as the amount required to pay your loan off in full on or before May 30,2015.On June 17, 2015, CMS received a flood insurance invoice from the Federal EmergencyManagement Agency ("FEMA"); however, upon review of your loan and the attached flood zonedetermination dated October 30, 2014, CMS determined that your loan was not in a SpecialFlood Hazard Area ("SFHA"). Please be advised that it is CMS's policy to remove the monthlyescrow collection for flood insurance when a property has been determined to be outside of aSFHA.While you may certainly continue to maintain your flood insurance, such flood insurancepremium must be paid outside of your escrow account. Shortly thereafter, CMS issued you theattached letter notifying you that the requirement to maintain flood insurance was no longernecessary. Should you be in possession of an updated flood zone determination that shows yourproperty is located in a SFHA, we encourage you to provide such flood zone determination toCMS's Insurance Department via fax at [redacted]. CMS's Insurance Department can bereached toll free at [redacted] for any further questions or concerns you may have inregards to your flood insurance.On June 24, 2015, you contacted CMS and claimed that you were denied a refinance of yourloan by [redacted] because CMS reported information to show that your April 1, 2015 mortgagepayment was thirty days past due. You explained that CMS should not have reported your loanas being delinquent because of the sixty day RESPA period. Although CMS had no record ofreporting information to the credit bureaus, the CMS representative provided you with CMS'sCustomer Service Research Department fax number and encouraged you to send your writteninquiry to CMS so CMS could research your concerns and provide you with a written response.On June 25, 2015, CMS received your credit dispute that included the attached supplementalcredit report furnished to [redacted] by [redacted] ("[redacted]"). On June 26, 2015, CMS issued you theattached letter acknowledging receipt of your June 25, 2015 credit dispute. Over the followingweeks, CMS would work to research the issues you raised in this credit dispute letter.On June 29, 2015, CMS completed a new escrow analysis for your loan as CMS removed themonthly escrow collection for flood insurance from your loan. This new escrow analysisprojected total annual escrow disbursements in the amount of $2,176.45, which includes a hazardinsurance premium in the amount of $1,416.00 and property taxes in the amount of $760.45.This escrow analysis determined that your escrow account contained an escrow surplus in theamount of $1,413.45.Because CMS removed the monthly escrow collection for flood insurance from your loan, yourmonthly mortgage payment was reduced from $1,283.94 to $1,124.08 effective with the August1, 2015 mortgage payment. For your ease of reference, a breakdown of the August 1, 2015mortgage payment is outlined below. Principal and Interest: $942.71 Base Escrow Collection: $181.37 ($2,176.45 divided by 12) August 1, 2015 Payment 1,124.08On June 30, 2015, CMS received funds in the amount of $1,252.22 from you which weresufficient to satisfy the payment that became due on June 1, 2015. On July 1, 2015, CMSassessed a $20.00 property inspection fee to your loan for the property inspection that wascompleted on May 15, 2015. On July 2, 2015, CMS issued the attached payoff statement to[redacted] providing the amount of $159,296.49 to pay your loan off in full on or before July 17,2015. On July 8, 2015, CMS issued you an escrow refund check in the amount of $1,413.45.That same day, you contacted CMS and inquired why CMS assessed a $20.00 fee to your loan.The CMS representative explained that the fee was assessed to your loan for a propertyinspection completed when the loan was delinquent. Because you requested that the $20.00property inspection fee be removed from your loan, the CMS representative provided you withthe Customer Service Research Department's fax number to send your written request to CMS.Later that day, CMS received the attached inquiry; however, a review of this inquiry found thatthere was no signature on the inquiry. Please be advised that CMS requires that all requests torelease loan and payment information must contain the borrower's signature, and that signaturemust match the signature affixed to one or more of the original loan documents. This action istaken by CMS in an effort to protect the non-public private information of its customers and iswithin the bounds of federal, state and local laws and the related servicing agreement.Accordingly, on July 9, 2015, CMS issued you the attached response letter notifying you of thispolicy.On July 23, 2015, CMS completed the necessary research required to respond to your creditdispute received from you on June 25, 2015. The research results revealed that CMS did notreport any loan or payment information regarding your mortgage loan to the major creditreporting agencies. Again, CMS suppresses the reporting of loan and payment information forthe period of sixty days following the service transfer of your loan to CMS. Nevertheless, CMSpromptly took the necessary actions to remove the derogatory credit information from yourcredit profile and issued you the attached response letter on July 23, 2015.Please be advised that CMS is uncertain as to the exact reason why the supplemental creditreport provided to you from [redacted] via [redacted] included information to indicate that CMS reportedyour April 1, 2015 mortgage payment as being late; however, it is CMS's assumption that whenCMS responded to the VOM request, [redacted] may have taken the information from the VOMresponse and placed the information on their supplemental credit report. CMS respectfullysubmits that by truthfully responding to the VOM request, CMS did not violate the sixty dayRESP A period guideline as CMS did not report any derogatory information to your creditprofile, nor did CMS assess late fees to your loan for the sixty day period following the effectivedate of the service transfer.On July 23, 2015, you contacted CMS and explained that you were still in the process ofrefinancing your loan. During this phone call you requested that CMS send you an updatedpayoff statement. On July 24, 2015, CMS sent you the attached payoff statement via emailproviding you with the amount of $159,578.25 to pay your loan off in full on or before July 30,2015. As of the date of this letter, you loan is past due for the July 1, 2015 mortgage payment inthe amount of $1,283.94. Attached for your ease of reference is a copy of your loan paymenthistory along with CMS's loan servicing system payment codes and definitions.Based on the foregoing, we believe the record is clear that CMS did not violate the RESP A sixtyday period, as CMS did not report loan and payment information to your credit profile, nor didCMS assess late fees to your loan during the sixty days following the service transfer to CMS. Itis also clear that CMS has properly managed your escrow account and lawfully assessed aproperty inspection fee to your loan pursuant to the terms and conditions of your SecurityInstrument. To the extent that statements in your letter consist of allegations of wrongdoing ofany nature by CMS or otherwise, all such allegations are denied. Should you wish to furtherdiscuss any aspect of your loan, we encourage you to contact CMS's Customer ServiceDepartment at [redacted] for further assistance.We trust that this communication addresses all of the concerns noted in the complaint. If youhave any further questions, please contact the undersigned at [redacted], Monday throughFriday, 8:00AM to 5:00PM, Eastern Time.Sincerely, [redacted]Customer AdvocateCC: Revdex.com

June 11, 2015[redacted] RE: Loan No.: [redacted] Case No.: [redacted]Dear Ms. [redacted]:The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of your complaint filed with the Revdex.com received in our office via...

emailon May 18, 2015. CMS is committed to responsible lending and servicing and we would like toaddress any concerns you may have. The following is our response to the issue(s) raised in yourinquiry.As we understand your complaint, you are frustrated that your loan payment history on CMS'swebsite is not reflecting the payments you allege that you made and you contend that your loanis current. You are requesting that CMS correct your payment history on the website and refundany late fees assessed to your loan. Finally, you claim that you were not satisfied with CMS'slevel of customer service.On or about January 23, 2015, CMS completed a new escrow analysis as required under the RealEstate Settlement Procedures Act ("RESPA"). The attached Annual Escrow Account DisclosureStatement ("AEADS") shows your new escrow payment effective March 1, 2015 in the amountof $605.38. A copy of the AEADS is attached for your ease ofreference. The breakdown ofyourmonthly payment is below: Principal & Interest. ............................................................ $ 444.60 Base monthly escrow collection ........................................... $ 160.78 Total monthly payment ...................................................... $ 605.38A review of our records indicates that on or about March 31, 2015, CMS contacted you about apayment we received in the amount of $553.30 which was less that your total monthly payment.CMS requested that you pay an additional $76.29 which included the $52.08 payment shortageand a late fee of $24.21 to be applied to your March payment. During that conversation, you toldthe representative that you had not had a chance to update the new payment with your financialinstitution. In your complaint, you also admit that this was the reason for the incorrect paymentamount. In fact, your bank had continued to send in the previous payment amount. Shortlythereafter, you called CMS and did a speed payment for $76.29.On or about April 21, 2015, you contacted CMS wanting to know the status of a payment youmade that was not applied to your account. CMS informed you that the payment amount wereceived was less than the total amount due so you made a payment for the required amount of$128.37 to cover April's payment. Subsequently, on or about April28, 2015, you contactedCMS wanting to know why your account was still showing past due. CMS informed you thatthey would research the payment history and call you back.Accordingly, the loan was researched and CMS discovered that on March 31, 2015, $605.38 anda $24.21 late charge were inadvertently placed in unapplied funds. Then, on April 1, 2015, apayment of $57.49 was applied to escrow and a payment of$419.52 was applied to the principalbalance. Finally, on April 30, 2015, a payment of $104.16 was applied to the principal balance,bringing the total misapplied amount to $1,234.97. On or about May 28,2015, CMS correctedthe misapplied funds and appropriately applied the funds to your April 1, 2015 and May 1, 2015payment. The transaction summary is attached for your ease of reference.On June 2, 2015, CMS waived one late fee and gave you credit tor the other two in the amount$24.21 each totaling $48.42. Unfortunately, due to the small amount, we are unable to send arefund check. However, the funds will remain in unapplied until you either use the funds as partof a payment or advise how you would like to have the funds posted. It is important to note thatall of your payments have been accounted for and correctly applied to your account in oursystems as well as the website. As of the date of this letter, your loan is contractually current andshowing due for the July 1, 2015 mortgage payment in the amount of $605.38.Finally, in regards to the alleged poor customer service and communication you received, CMSwill conduct an investigation concerning your allegations and take whatever action necessary inlight of our findings. We would like to take this opportunity to apologize for any inconveniencethat you may have experienced while trying to use our automated payment options or speaking toour Customer Service Representatives. We thank you for bringing this matter to CMS'sattention. CMS is fully committed to providing the best customer service to all of our customers.We are always looking for ways to improve service levels, and your feedback is important us.We trust that this communication addresses all of the concerns noted in the complaint. If youhave any further questions, please contact the undersigned at [redacted], Monday throughFriday, 8:00AM to 5:00PM, Pacific Time.Sincerely,[redacted]

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

September 15, 2015
[redacted]
F/K/A [redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

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

Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on August 19, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand the complaint, you state that you have attempted to complete a Deed in Lieu of Foreclosure (“DIL”) for the above referenced property since April 2015 when the servicing of your loan was transferred to CMS. You claim that CMS has improperly denied your DIL requests on two occasions stating that your application was incomplete, even though you state that you provided all of the requested information to CMS on multiple occasions. You allege that CMS improperly pressured you to provide CMS with financial information from your spouse as a co-borrower and at one point you claim that CMS was unaware that you were requesting a DIL instead of a loan modification. You are requesting that CMS process a DIL with a completed date of May 2015 and for CMS to discipline the employee that was assigned to process your DIL request.
At the outset, you are aware that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on April 2, 2015. On April 6, 2015, CMS issued you the attached Notice of Service Transfer (“Hello Letter”) notifying you of the service transfer to CMS. At the time of the service transfer your loan was contractually current and showing due for the April 1, 2015 mortgage payment.
Please note that CMS has attempted to assist you in avoiding foreclosure since the servicing of your loan was transferred to CMS. To that end, CMS initially spoke with you on April 9, 2015 and during this phone conversation, you explained that you were interested in completing a DIL because your property was not worth the amount you owed. The CMS representative explained that a blank mortgage assistance application would be sent to you and that because your loan was FHA insured, CMS would be required to review your loan for home retention options prior to be reviewed for liquidation options.
Because you indicated that you did not want your loan to be reviewed for home retention options, you demanded to speak to a CMS supervisor. As requested, your call was transferred to a CMS supervisor who also explained that CMS would be required to review your loan for home retention options prior to be reviewed for liquidation options. The CMS supervisor also notified you that a blank mortgage assistance application would be sent to you shortly after this phone conversation.
CMS would like to take this opportunity to notify you that once CMS is in receipt of a complete mortgage assistance application, CMS will review your loan for all home retention options pursuant to the U.S. Department of Housing and Urban Development (HUD) guidelines that govern your FHA loan. It is important to note that HUD requires CMS to follow strict guidelines setting forth allowable loss mitigation options that must be reviewed in a specific order, known as the “FHA Waterfall”. This FHA Waterfall requires CMS to review all FHA loans for the following options in this order: Forbearance Plan, Loan Modification, FHA-Home Affordable Modification Program (“FHA-HAMP”) Loan Modification, Short Sale (“SS”) and Deed in Lieu of Foreclosure (“DIL”) as directed in the HUD Mortgagee Letter 2012-22
On or about April 22, 2015, CMS received your initial application requesting CMS to provide you with mortgage assistance. A preliminary review of your application found that CMS was not in receipt of your two most recent pay stubs, a completed, legible and signed 4506T-EZ form, all completed pages of the most recent Request for Mortgage Assistance form (“RMA”) with your signature, proof of child support income, as well as all financial information for the non-borrower contributor, [redacted]. Accordingly, CMS issued you the attached Initial Package Acknowledgement – Incomplete Notification (“IPA-IN”) on April 23, 2015 requiring CMS to be in receipt of all missing information on or before May 28, 2015.
Please be advised that by providing CMS with copies of your 2013 and 2014 joint filed federal tax returns showing you filed each of these tax returns as being married, it was reasonable for CMS to request that Mr. [redacted] to provide his financial information. Please be advised that the available loss mitigation programs require CMS to determine what the true household income and true household expenses are. By requesting you to provide Mr. [redacted]’s financial information, CMS’s intent was to complete a thorough loss mitigation review as required under HUD guidelines.
Although CMS attempted to contact you over the following weeks to secure the missing information from you, CMS was not in receipt of any additional information from you as of May 29, 2015. Accordingly, CMS issued you the attached FHA-HAMP Non-Approval Notice to you on May 29, 2015 notifying you that CMS was unable to provide you with mortgage assistance because CMS was not in receipt of a complete application within the required timeframe. On June 8, 2015, CMS spoke with you and verbally notified you of the recent mortgage assistance determination.
On July 2, 2015, CMS received your new application requesting CMS to provide you with mortgage assistance. A preliminary review of your new application found that CMS was not in receipt of all completed pages of the most recent RMA form with your signature, an additional paystub and a contribution letter from the non-borrower contributor, Mr. [redacted]. Accordingly, CMS issued you the attached new IPA-IN on July 7, 2015 that required CMS to be in receipt of all missing information on or before August 11, 2015.
After CMS left two messages asking you to contact CMS via telephone, CMS received additional information from you on July 21, 2015. A review of the additional information found that CMS was still not in receipt of any of the missing information. On July 30, 2015, CMS spoke with you and during this phone conversation you acknowledged that CMS requested you to provide the updated RMA form, an additional paystub from Mr. [redacted] and a contribution letter from Mr. [redacted]; however, you notified the CMS representative that you would not provide the missing information to CMS because Mr. [redacted] was not a borrower on the loan.
On July 31, 2015, CMS received additional information from you. A review of the additional information that you provided to CMS found that CMS was still not in receipt of the requested contribution letter from Mr. [redacted]. On August 12, 2015, CMS was not in receipt of all missing information requested from you. Consequently, CMS issued you the attached FHA-HAMP Non-Approval Notice on August 12, 2015, notifying you that CMS was not in receipt of all missing information within the allotted timeframe.
Due to the ongoing delinquency, the subject loan was reviewed and approved for foreclosure. The loan was contractually delinquent and due for the April 1, 2015 payment at the time of the foreclosure referral.
On August 14, 2015, CMS received your most recent application requesting CMS to provide you with mortgage assistance. Once again, CMS reviewed your application and found that CMS was not in receipt of a complete application as CMS was not in receipt of a month of your recent and consecutive paystubs, benefit award letter(s) for all benefit income you disclosed on your RMA form, a complete and legible 4506T-EZ form, proof of court ordered child support income or a written agreement as evidence of your child support income, and two months of you recent bank statements, deposit slips, or cancelled checks as evidence of receipt of the claimed child support income.
Accordingly, CMS issued you the attached new IPA-IN on August 15, 2015 that required CMS to be in receipt of all missing information on or before September 14, 2015. On August 26, 2015, CMS spoke with you and during this phone conversation you inquired if your loan could be reviewed for a SS. The CMS representative informed you that CMS would be willing to review the property for a SS; however, CMS would be required to review your loan for all available home retention options as outlined within the above referenced FHA Waterfall.
You then requested that your call be transferred to CMS’s SS department because you wanted to confirm that the information you were provided by the CMS representative was accurate. As requested, your call was then transferred to a representative within CMS SS Department who confirmed that your loan would have to be reviewed for all available home retention options prior to being reviewed for liquidation options.
It was at this time that you explained that it was your real estate agent who was faxing information to CMS; however, your real estate agent was failing to communicate with you regarding the status of your mortgage assistance file. You explained that you would be sending CMS the missing information on August 26, 2015. As of the date of this letter, CMS has not received any of the missing information from you. CMS encourages you to provide all missing information to CMS at your earliest convenience.
In light of the above and because CMS has not been in receipt of a completed mortgage assistance application, nor has CMS received permission from HUD to complete a DIL, CMS is unable to update your credit report to reflect that a DIL was completed in May 2015 as you have requested.
It is important to note that, CMS is obligated by federal law to provide timely and accurate credit reporting in regard to the current loan status, payment history and loan information. 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.
In response to your claim that a CMS representative has encouraged you to include Mr. [redacted] as a co-borrower, CMS is unable to locate any evidence that any CMS representative has directed you to take this action. CMS would like to take this opportunity to reiterate that it was reasonable and within the bounds of federal, state and local laws and the related servicing agreement for CMS to request financial information from Mr. [redacted] as CMS has been in receipt of information indicating that Mr. [redacted] contributes income to your household. This is not to be misconstrued as an attempt to add Mr. [redacted] as a co-borrower on the loan. Regardless, CMS would be unable to provide you with the information you have requested because the information you have requested involves CMS employees and may not be shared publicly.
Based on the foregoing, we believe the record is clear that CMS has diligently attempted to assist you in avoiding foreclosure, although have failed to remit a complete mortgage assistance application to CMS. Should you wish to further discuss the ongoing mortgage assistance review, we encourage you to contact CMS’s Home Retention 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]
[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 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].

February 24, 2016
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

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

Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office email on February 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 that CMS has not provided you with an explanation as to the reason(s) your monthly mortgage payment has increased by $180.00. You claim that when you have contacted CMS, CMS representatives have terminated your phone calls. You further claim that CMS has lost refinance information and/or mortgage assistance requests that you have sent to CMS. Your complaint goes on to claim that CMS has lost one of your mortgage payments, notified you that your loan was past due for two months, and then threatened to refer your loan to foreclosure. Your desired resolution is for CMS to explain the reason(s) your mortgage payment has increased and to return your payment back to the lower amount. You also request CMS to apply the missing payment to your loan, and locate the refinance and/or mortgage assistance information that you sent to CMS.
As you know, the servicing of this U.S Department of Agriculture (”USDA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on December 3, 2013. On December 4, 2013, 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 December 1, 2013 mortgage payment in the amount of $687.36. This payment was made up of principal and interest in the amount of $436.44 and a monthly escrow collection in the amount of $250.92.
Our records show that CMS did not receive a mortgage payment from you during the month of December 2013. You initially contacted CMS on January 2, 2014, and during this phone conversation you were provided with the status of your loan. In an effort to assist you in bringing your loan contractually current, the CMS representative offered you an informal Repayment Plan (“RPP”) to cure the loan delinquency.
As you may recall, the informal RPP required you to remit an initial payment of $850.00 to CMS on January 3, 2014 followed by two consecutive monthly payments in the amount of $949.72 due on February 3, 2014 and on March 3, 2014. Upon successful completion of the informal RPP, your loan would be brought contractually current and due for the April 1, 2014 payment.
On January 3, 2014, CMS received funds in the amount of $850.00 from you. These funds were applied to the December 1, 2013 mortgage payment in the amount of $687.36, and the remaining $162.64 was placed in an unapplied status until the time that CMS received additional funds from you to satisfy the January 1, 2014 mortgage payment. On February 3, 2014, CMS received funds from you in the amount of $949.72. These funds were applied to the January 1, 2014 mortgage payment in the amount of $687.36, and the remaining $262.36 was placed in an unapplied status bringing the unapplied balance to $425.00.
Later, on February 3, 2014, CMS completed an initial escrow analysis for your loan and issued you the attached escrow analysis notification. The escrow analysis projected total annual escrow disbursements in the amount of $3,098.76, which included a hazard insurance premium in the amount of $1,511.00 and property taxes in the amount of $1,587.76. It is important to note that the Real Estate Settlement Procedures Act (“RESPA”) 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 allows 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, CMS only required you to maintain an escrow cushion equal to one month (one-twelfth) of the total annual disbursements projected to be paid from your escrow account. Because the total annual escrow disbursements for your loan were projected to be $3,098.76 your escrow account was required to have a minimum of $258.23 at all times ($3,098.76 divided by 12 equals $258.23).
Based upon the projected disbursement date of your escrowed items, CMS determined that your escrow account would contain a balance in the amount of $384.94 in November 2014. Because you were only required to maintain a minimum escrow balance of $258.23, CMS determined that your escrow account would have an escrow surplus in the amount of $126.71 at that time ($384.94 minus $258.23 equals $126.71). The escrow surplus in the amount of $126.71 was disbursed to you that same day.
As a result of this escrow analysis and because the annual escrowed items were projected to be in the amount of $3,098.76, your monthly mortgage payment increased from $687.36 to $694.67 effective with the April 1, 2014 mortgage payment. For your ease of reference, a breakdown of the April 1, 2014 mortgage payment is outlined below.
Principal and Interest: $ 436.44
Base Escrow Collection: $ 258.23 ($3,098.76 divided by 12)
April 1, 2014 Payment $ 694.67
On March 6, 2014, CMS received funds in the amount of $949.72 bringing the total amount of funds in CMS’s possession to $1,374.72. These funds were applied to the February 1, 2014 and March 1, 2014 payments in the amount of $687.36 each for a total amount of $1,374.72. After the application of these funds, your loan was brought contractually current and due for the April 1, 2014 mortgage payment in the amount of $694.67. Over the following months, your loan remained current as mortgage payments were received within the same month that each of the payments became due.
On July 25, 2014, CMS completed a new escrow analysis for your loan to fall in line with the Illinois state mass analysis cycle. CMS issued the attached escrow analysis notification to you that same day. This escrow analysis projected your total annual escrow disbursements to be in the amount of $3,090.74, which included a hazard insurance premium in the amount of $1,511.00 and property taxes in the amount of $1,579.74.
Although RESPA guidelines allowed CMS to require you to maintain an escrow cushion equal to two months (one-sixth), CMS again only required you to maintain an escrow cushion equal to one month (one-twelfth) of the total annual disbursements projected to be paid out of your escrow account. Because the total annual escrow disbursements for your loan were projected to be $3,098.76 your escrow account was required to have a minimum of $257.56 at all times ($3,090.74 divided by 12 equals $257.56).
Based upon the projected disbursement date of your escrowed items and the balance within your escrow account at that time, CMS determined that your escrow account would contain a balance of $6.68 in October 2014. Because you were required to maintain a minimum escrow balance of $257.56 in your escrow account at all times, CMS determined that your escrow account would have an escrow shortage in the amount of $250.88 at that time ($257.56 minus $6.68 equals $250.88).
In order to prevent any undue hardship, CMS spread the escrow shortage of $250.88 over a period of twelve months which resulted in an increase to your monthly mortgage payment from $694.67 to $714.90 effective with the September 1, 2014 mortgage payment. For your ease of reference, a breakdown of the September 1, 2014 mortgage payment is outlined below.
Principal and Interest: $ 436.44
Base Escrow Collection: $ 257.56 ($3,090.74 divided by 12)
Monthly Escrow Shortage: $ 20.90 ($250.88 divided by 12)
September 1, 2014 Payment $ 714.90
On July 25, 2015, CMS completed the most recent new escrow analysis for your loan and issued you the attached escrow analysis notification that same day. At the time CMS completed this escrow analysis, your loan remained contractually current and was showing due for the August 1, 2015 mortgage payment. This new escrow analysis projected your total annual escrow disbursements to be in the amount of $3,492.24 which included an increased hazard insurance premium in the amount of $1,928.00 and property taxes in the amount of $1,564.24. Please note that your hazard insurance premium increased by $417.00.
Please be advised that CMS has recently implemented a policy to require all loans to maintain an escrow cushion equal to two months (one-sixth) of the total annual escrowed items as allowed under RESPA guidelines except where prohibited by law. Because the total annual escrow disbursements for your loan were projected to be $3,492.24, your escrow account is currently required to have a minimum of $582.04 at all times ($3,492.24 divided by 6 equals $582.04).
Based upon the projected disbursement date of your escrowed items, and the projected balance of your escrow account, the escrow analysis determined that your escrow account would have a deficit in the amount of $494.12 in October 2015. Because you are required to have $582.04 in your escrow account at all times, CMS determined that your escrow account contained an escrow shortage in the amount of $1,076.16 at that time ($494.12 plus $582.04 equals $1,076.16).
In order to prevent any undue hardship caused by the new escrow shortage, CMS spread the escrow shortage of $1,076.16 over a period of twelve months which resulted in an increase to your monthly mortgage payment from $714.90 to $817.14 effective with the September 1, 2015 mortgage payment. For your ease of reference, a breakdown of the September 1, 2015 mortgage payment is outlined below.
Principal and Interest: $ 436.44
Base Escrow Collection: $ 291.02 ($3,492.24 divided by 12)
Monthly Escrow Shortage: $ 89.68 ($1,076.16 divided by 12)
September 1, 2015 Payment $ 817.14
A review of your loan payment history shows that CMS received no mortgage payments from you during the month of August 2015. Accordingly, CMS issued you the attached letters dated August 11, 2015 and August 18, 2015 that provided you the status of your loan as well as outlined CMS’s intention to assist you in avoiding foreclosure. Our records show that you did not respond to these letters issued to you by CMS.
On September 6, 2015, CMS issued the attached Notice of Intent to Foreclose (“NOI”) to you. This NOI explained that your loan was in default for the nonpayment of the August 1, 2015 mortgage payment and provided $1,549.49 as the amount required to cure the delinquency. This letter also notified you that failure to cure the delinquency within thirty days may result in acceleration of the sums secured by the Mortgage and in the sale of the property.
Please be advised that the NOI is a system generated letter that is issued for every loan that has become past due for more than thirty-one days and is required by law prior to any initiation of foreclosure proceedings. CMS apologizes if you felt its efforts to assist you in resolving this past due loan were threatening in any way, as CMS’s intent has been solely to comply with applicable law, to attempt to make arrangements to resolve the account delinquency, and to transmit accurate information regarding the consequences of any failure to do so.
On September 18, 2015, CMS received funds from you in the amount of $732.00. That same day, CMS applied $714.90 to your August 1, 2015 mortgage payment and the remaining $17.10 was placed in an unapplied status until the time that CMS received additional funds required to satisfy your September 1, 2015 mortgage payment. Then, on October 29, 2015, CMS received funds in the amount of $850.63 which were applied to the September 1, 2015 mortgage payment in the amount of $817.14 and the remaining $33.49 was placed in an unapplied status with the prior $17.10. After the application of these funds, your loan was showing due for the October 1, 2015 mortgage payment with an unapplied balance in the amount of $50.59.
On November 9, 2015, CMS received new funds from you in the amount of $836.00. That same day, CMS applied $817.14 to satisfy your October 1, 2015 mortgage payment and the remaining $18.86 was as placed in an unapplied status with the $50.59 bringing your unapplied balance to $69.45. The last payment CMS received from you was on December 19, 2015 in the amount of $850.00 which was applied to your November 1, 2015 mortgage payment in the amount of $817.14 and the remaining $32.86 was placed in an unapplied status along with the $69.45 bringing your unapplied balance to $102.31.
Because your loan remained contractually in default, CMS issued the attached new NOI to you on January 6, 2016. This NOI notified you that your loan was in default for the nonpayment of the December 1, 2015 mortgage payment and provided $1,719.08 (less the unapplied funds of $102.31) as the amount required to cure the delinquency. This letter also notified you that failure to cure the delinquency within thirty days may result in acceleration of the sums secured by the Mortgage and in the sale of the property. In addition, the NOI informed you that you would be required to remit the total amount due to CMS in the form of certified funds.
As of the date of this letter, your loan remains contractually in default and is showing due for the December 1, 2015 mortgage payment with an unapplied funds balance in the amount of $102.31. 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. CMS encourages you to remit the total amount due to CMS in the form of certified funds as soon as possible to avoid your loan from being referred to foreclosure and accruing additional foreclosure related charges.
In your complaint, you claim that CMS has lost one of your mortgage payments; however, you did not provide CMS with specific payment information that CMS would need to assist you in locating any such lost payment. That being said, a review of our records found that on January 27, 2016, you sent the attached correspondence to CMS indicating that payments were debited from your bank account during the months of October, November, and December 2015. Included with your correspondence were incomplete copies of your bank statements outlining mortgage payments made in October and November 2015.
On February 10, 2016, CMS responded to your correspondence by issuing you the attached letter. As you know, CMS acknowledged receipt of payments from you during the months of October, November and December 2015 and provided you an itemization of the application of such funds as described above. In addition, CMS provided you with a copy of your loan payment history as well as the loan servicing system payment codes and definitions.
Please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with any concern relating to the administration of their loan. CMS believes that this letter has accounted for all payments received from you. Should you have any evidence that you made successful mortgage payments to CMS during the months of August 2015, January 2016 or February 2016, it will be necessary for you to send front and back copies of such payments to CMS’s Customer Service Department at Carrington Mortgage Services, LLC, Attention: Customer Service Research Department, [redacted] or fax your correspondence to [redacted].
Your complaint also raises claims that CMS has lost refinance information and/or mortgage assistance request(s) that you have sent to CMS; however, you have not provided information that CMS would need to assist you in locating any such information. Nevertheless, CMS has contacted its Mortgage Lending Division who has confirmed that CMS has not been in receipt of a loan application or information from you to begin any such refinance. Additionally, CMS has also reviewed its loan servicing records and is unable to locate receipt of a mortgage assistance request received from you.
CMS would like to take this opportunity to notify you that if you are experiencing financial difficulty in paying your monthly mortgage payment, we encourage you to apply for mortgage assistance with CMS. You may visit CMS’s publicly-available website online at [redacted] to learn more about the available loss mitigation program options and to upload the required documents electronically. Your complete mortgage assistance application package may be sent to CMS via fax at [redacted] or via email at [redacted].
Finally, CMS has completed a thorough review of our records and has been unable to locate any instance where CMS representatives have terminated any telephone calls with you. Our records do show that CMS received a telephone call on January 19, 2016 and when the CMS representative asked with whom he was speaking, a female identified herself as Megan [redacted]. Ms. [redacted] notified the CMS representative that the loan was in your name and explained that she would pass the phone to you. It was at that exact moment that the call was abruptly disconnected.
Although CMS cannot be absolutely certain, it appears that the call was inadvertently disconnected during the handoff of the telephone from Ms. [redacted] to you. Our records also show that you contacted CMS immediately thereafter and completed the telephone conversation with a CMS representative. In light of this information, CMS respectfully submits that CMS representatives have not terminated your phone calls. That being said, CMS sincerely apologizes for any perceived poor customer service you believe you may have received from CMS.
Based on the foregoing, we believe the record is clear that your mortgage payments have appropriately increased as a result of CMS properly managing your escrow account and that CMS has in fact properly notified you of all increases to your mortgage payment. It is also clear that CMS is not currently in possession of information to assist you in locating any payments that are not accounted for in this letter, nor is CMS in receipt of information to assist you in locating any refinance or mortgage assistance information that may have been sent to CMS. Again, CMS encourages you to immediately provide CMS with evidence of such payments or to bring your loan contractually current by remitting the total amount due to CMS in the form of certified funds. 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,
Chris Lindsey
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [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.
-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.
-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.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

February
10, 2016
[redacted]
[redacted]
[redacted]
RE:      Complaint
No.:           [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 a complaint filed
with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on January
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 in September 2015, you called CMS and
canceled a mortgage payment that you had scheduled to be drafted from your bank
account using the CMS website; however, you claim that CMS processed and debited
this payment from your bank account anyway. 
You go on to say that you canceled this payment because you sold the
above referenced property and the loan was being paid in full with the sale
proceeds that same month.  Lastly, you
indicate that you have made several calls to CMS to resolve this matter and
obtain a refund for the payment that should have been canceled.  The CMS Representatives have not been helpful
in providing a resolution, however, and when you requested to speak to a
Supervisor, you were informed that a message would be forwarded to a Supervisor
who would call you back. As of the date of your complaint, you allege you have
not received any response from CMS. 
At the
outset, please note that the servicing of your Federal Housing Administration
(“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS
on April 2, 2015.  At the time of the
service transfer the loan was showing contractually current and due for the May
1, 2015 payment.
Upon
review, our records show that on September 3, 2015, you accessed the CMS Loan
Servicing Website (“LSW”) and scheduled a post-dated payment to be debited from
your checking account on September 5, 2015, in the amount of $1,654.92.  At the time, your loan was showing due for
the September 1, 2015 payment. 
Later
that day, you called CMS and during this call you explained that you were
selling the property and that your loan would be paid off on September 14,
2015.  The CMS Representative reviewed
the loan history and identified that a payoff statement had not yet been issued
or requested from CMS. Accordingly, the
CMS Representative provided you with information on how to go about sending CMS
your request for a payoff statement as well as the fax number to send your
payoff request to CMS.  You then inquired
whether the CMS Representative could cancel the post-dated mortgage payment you
scheduled to be drafted on September 5, 2015 through the CMS website, since the
payoff was forthcoming that same month and the payoff amount would include
interest due for September 2015.  The CMS
representative explained that she would forward your request to a Supervisor to
process your request to cancel the post-dated payment scheduled for September
5, 2015. 
Thereafter,
the records show that although CMS attempted to cancel the post-dated check,
CMS was unfortunately unsuccessful in completing the cancelation.  Therefore, CMS debited the payment in the
amount of $1,654.92 from your bank account on September 5, 2015, and this
payment was applied to your September 1, 2015 mortgage payment. 
Subsequently,
on September 9, 2015, CMS issued you a payoff statement that showed a payoff
amount of $176,954.74, good to October 1, 2015. 
A copy of this payoff statement is attached for your ease of
reference.  It is important to note that your
loan was due for the October 1, 2015 payment at the time, and that this payoff
figure included the credit of the September 1, 2015 payment that had been
applied to your loan on September 5, 2015.
On
September 11, 2015, you contacted CMS and requested that CMS take the necessary
actions required to issue you a refund for the payment that was processed on
September 5, 2015.  The CMS
representative provided you with information on how to go about submitting your
written request to the CMS Research Department along with a copy of your bank
statement showing that the September 5, 2015 payment was successfully debited
from your bank account.
On
September 14, 2015, CMS received a payoff in the amount of $176,957.74, and
these funds were applied to your loan on that same day.  Below for your ease of reference is a summary
of how the funds were applied.  The
interest amount of $661.06 represented the period from September 1, 2015
through September 30, 2015. 
















Principal

$176,282.68

Interest

$661.06

Recording Cost

$11.00

Total Payoff

$176,954.74

Subsequently, on September 30,
2015, CMS sent you the escrow balance in the amount of $1,978.52, check number
[redacted] by separate mail.  Attached for
your ease of reference is a payment history that shows your payment
transactions from December 2, 2013 to October 5, 2015.  Additionally, for
an explanation of the interest due and payable on an FHA loan, and the monthly
FHA Mortgage Insurance Premium (“MIP”) due on your loan, please refer to the
payoff statement FHA disclosures, on page two and four of the payoff statement.    
Based
on the foregoing, we conclude that CMS was unable to cancel the post-dated
online mortgage payment you scheduled for September 5, 2015 as you
requested.  Nevertheless, the payment was
applied to your account and the credit reflected in the payoff statement you
received. That said, we acknowledge that CMS missed opportunities to respond to
your concerns regarding this matter in a more timely manner, and would like to
take this opportunity not only to express our sincere apologies 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 looking for ways to improve
service levels and your feedback is important us. 
In
closing, please note that CMS credited your September 5, 2015 payment to your
loan prior to issuing the payoff statement, and the payoff amount reflected
that credit accordingly.  Therefore, there
is no over-payment or overage amount due to you.  If CMS had been successful in cancelling your
online payment of September 5, 2015, the payoff figure would have been a higher
amount as additional principal and interest would have been due.
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].

August 22, 2016
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted], [redacted]
Complaint I.D. No.: [redacted]

Dear Ms....

[redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on August 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 raise concern that CMS has purchased Lender Placed Insurance (“LPI”) for your property which caused your mortgage payment to increase. You claim that your insurance agency has sent Evidence of Insurance (“EOI”) to CMS several times, and express frustration that CMS has informed you that CMS is not been in receipt of the required EOI. In addition, you state that you applied for mortgage assistance, but CMS declined your request. You further claim that CMS has improperly applied funds on your account and that CMS has improperly sent multiple pre-foreclosure notices to you. The resolution you desire is for CMS to update your loan with your EOI, return your payment to the agreed upon amount, and refund you any excess amounts you believe you have overpaid.
As you are aware, your fixed rate Veteran’s Administration (“VA”) insured loan was originated on or about August 11, 2014 with a first payment due on October 1, 2014 in the amount of $1,061.06. That payment was made of principal and interest in the amount of $777.98 and a monthly escrow collection in the amount of $283.08. Please be advised that VA guidelines require borrowers to pay monthly escrow amounts for the advance payment of property taxes and insurance, commonly known as an escrow impound account.
A review of our records found that in August 2015, CMS’s insurance vendor, [redacted] (“[redacted]”) received the attached Notice of Cancellation (“NOC”) from your insurance agency notifying CMS that your insurance coverage that began on August 29, 2014 was canceled effective on November 11, 2014 for underwriting reasons. The specific cancelation reason noted was due to your failure to respond to an Underwriting Information Memo. On August 11, 2015, CMS received and applied your August 1, 2015 mortgage payment to your loan.
Because it is a requirement for your VA loan to be adequately insured at all times, CMS issued the attached LPI notification to you on August 13, 2015 that explained CMS was not in receipt of EOI for the period beginning on November 11, 2014. The LPI notice requested that you immediately provide CMS with EOI beginning on that date. You were also notified that if CMS was not in receipt of the required EOI, CMS planned to purchase LPI for the property on your behalf and at your expense. The letter further explained that a LPI policy is generally more expensive than the cost of a policy that you would be able to obtain with a preferred insurance provider and that LPI would not insure any of your personal belongings.
On September 4, 2015, [redacted] spoke with your insurance agent and confirmed that LPI was not yet purchased on your behalf. Although the [redacted] representative was unable to secure information to verbally verify that you purchased a preferred insurance policy during that phone conversation, [redacted] later received verbal confirmation from your agent that you purchased insurance coverage that was supposed to become effective on September 11, 2015. Because your loan is escrowed, CMS paid the insurance premium of $1,014.00 for that policy from your escrow account that day.
On September 16, 2015, CMS received and applied your September 1, 2015 mortgage payment in the amount of $1,056.89. On or about October 1, 2015, [redacted] received a refund from your insurance agency in the amount of $1,014.00. When [redacted] contacted your insurance agency to find out why the full premium amount was returned to CMS, [redacted] was notified that the policy was never put in place because the coverage that was supposed to begin on September 11, 2015 was never finalized due to underwriting reasons. As required, CMS applied the insurance refund of $1,014.00 to your escrow account. Because CMS was not in receipt of EOI for this period, CMS began issuing you letters requesting you to provide EOI to CMS.
On October 3, 2015, [redacted] issued you the attached new LPI notice informing you that CMS was not in receipt of EOI. That notice requested that you immediately provide CMS with EOI. As in each of the prior LPI notices that were sent to you, you were reminded that if CMS was not in receipt of the required EOI, CMS planned to purchase LPI for the property on your behalf and at your expense. On October 16, 2015, CMS received funds in the amount of $1,056.89 which were applied to your October 1, 2015 mortgage payment that same day. On or about October 27, 2015, this payment was returned unpaid by your banking institution due to non-sufficient funds. Consequently, your loan returned to being due for the October 1, 2015 mortgage payment. On October 29, 2015, CMS issued you the attached letter notifying you of the returned payment.
Because CMS was not in yet receipt of the required EOI, a second LPI notice was sent to you on November 4, 2015. This notice reminded you that if CMS was not in receipt of the required EOI, CMS would purchase LPI for the property on your behalf and at your expense. This notice also informed you that the LPI annual premium was estimated to be in the amount of $1,189.44.
Because CMS was still not in receipt of the requested EOI and because you were notified on two separate occasions that CMS would purchase LPI for the property on your behalf and at your expense if no EOI were received, CMS issued you the attached LPI policy on November 22, 2015 informing you that CMS had purchased a LPI policy at your expense. Along with that notice was evidence of LPI for an annual premium in the amount of $1,189.44. Although this LPI policy was purchased on your behalf, you were still encouraged to provide CMS with EOI for any preferred policy you may have purchased for the lapse period. That month, CMS disbursed a multi-month LPI premium payment from your escrow account for payment of the LPI and continued to disburse monthly LPI premiums payments in the amount of $99.12 from your escrow account.
On December 18, 2015, CMS completed an escrow analysis for your loan to fall in line with the [redacted] annual escrow analysis cycle and issued you the attached escrow analysis notification. At the time this escrow analysis was completed, your loan was showing due for the December 1, 2015 mortgage payment. This escrow analysis projected total annual escrow disbursements in the amount of $3,479.83, which included the LPI premium in the amount of $1,189.44 and property taxes in the amount of $2,290.39.
It is important to note that the guidelines set forth by the Real Estate Settlement Procedures Act (“RESPA”) 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 servicer 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. Prior to December 18, 2015, CMS only required you to maintain an escrow cushion equal to one month (one-twelfth) of the total annual disbursements to be paid out of your escrow account. The change in CMS’s escrow account cushion requirement policy resulted in a further increase of your mortgage payment.
Because the total annual escrow disbursements for your loan were projected to be $3,479.83, your escrow account was required to have a minimum of $579.96 at all times ($3,479.83 divided by 6 equals $579.96). Based upon the projected date and amount of the projected escrow disbursements and the balance of your escrow account at that time, CMS determined that your escrow account would have a deficit of $1,392.40 in August 2016. Because you were required to have $579.96 in your escrow account at all times, CMS determined that your escrow account would contain an escrow shortage in the amount of $1,972.36 at that time ($1,392.40 plus $579.96 equals $1,972.36).
In an effort to avoid a financial hardship, CMS spread the escrow shortage of $1,972.36 over a period of twelve months which resulted in an increase to your monthly mortgage payment from $1,056.89 to $1,232.32 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: $ 777.98
Base Escrow Collection: $ 289.98 ($3,479.83 divided by 12)
Monthly Escrow Shortage: $ 164.36 ($1,972.36 divided by 12)
February 1, 2016 Payment $ 1,232.32
On January 7, 2016, CMS received your initial request for mortgage assistance. A preliminary review of your application found that CMS was not in receipt of the co-borrower’s recent and consecutive paystubs, a complete and legible IRS Form 4506-T, nor was CMS in receipt of a completed (signed and dated) Request for Mortgage Assistance form (“RMA”). Accordingly, CMS issued the attached Incomplete Information Notice requiring CMS to be in receipt of all missing information from you on or before February 8, 2016.
On January 30, 2016, CMS received funds from you in the amount of $1,056.89 which were applied to your December 1, 2015 mortgage payment. On February 1, 2016, CMS received additional information from you and on February 3, 2016, CMS determined that your mortgage assistance application was complete. On February 5, 2016, your file was sent to CMS’s Underwriting Department for further consideration. On February 24, 2016, CMS completed the underwriting review and determined that CMS was unable to modify your loan as your financial circumstances did not meet the applicable U.S. Department of Housing and Urban Development (“HUD”) program guidelines. The attached VA Home Affordable Modification Program (“VA-HAMP”) Non-Approval Notice was issued to you that day providing you with additional information regarding that determination.
On February 29, 2016, CMS received new funds from you in the amount of $1,059.00, which were applied to your January 1, 2016 mortgage payment in the amount of $1,056.89 and the remaining $2.11 was held in an unapplied status until the time that CMS was in receipt of additional funds necessary to satisfy the next payment due. After the application of these funds, your loan was showing due for the February 1, 2016 mortgage payment in the amount of $1,232.32.
On March 3, 2016, [redacted] received EOI for a preferred policy with your new insurance company for coverage beginning on February 22, 2016 through February 22, 2017 with an annual premium in the amount of $831.00. Accordingly, CMS disbursed that premium payment from your escrow account on March 7, 2016. Because CMS was in receipt of EOI, CMS canceled the LPI coverage effective as of February 22, 2016 and the LPI refund of $121.20 was applied to your escrow account on March 8, 2016. Please be advised that a full LPI refund was not received due to the lapse period of August 29, 2015 to February 22, 2016.
Due to the fact that CMS was in receipt of your new EOI with a reduced annual premium, CMS completed a new escrow analysis for your loan and issued the attached escrow analysis notification to you on March 8, 2016. This new escrow analysis projected your total annual escrow disbursements to be in the amount of $3,121.39, which included your preferred annual insurance premium in the amount of $831.00 and property taxes in the amount of $2,290.39. As allowed under RESPA, CMS required you to maintain an escrow cushion equal to two months (one-sixth) of the amount of the total annual disbursements paid out of the escrow account.
Because the total annual escrow disbursements for your loan were projected to be $3,121.39, your escrow account was required to have a minimum of $520.22 at all times ($3,121.39 divided by 6 equals $520.22). Based upon the amount of the projected escrow disbursements and the balance of your escrow account at that time, CMS determined that your escrow account would have a deficit of $1,522.04 in August 2016. Because you were required to have $520.22 in your escrow account at all times, CMS determined that your escrow account would contain an escrow shortage in the amount of $2,042.26 at that time ($1,522.04 plus $520.22 equals $2,042.26).
CMS again spread the escrow shortage over a period of twelve months which resulted in a decrease to your monthly mortgage payment from $1,232.32 to $1,208.27 effective with the March 1, 2016 mortgage payment. For your ease of reference, a breakdown of the March 1, 2016 mortgage payment is outlined below.
Principal and Interest: $ 777.98
Base Escrow Collection: $ 260.11 ($3,121.39 divided by 12)
Monthly Escrow Shortage: $ 170.18 ($2,042.26 divided by 12)
March 1, 2016 Payment $ 1,208.27
On March 31, 2016, CMS received funds from you in the amount of $1,100.00. Because these funds were less than the contractual payment due in the amount of $1,232.32, CMS placed the $1,100.00 in an unapplied status bringing the total amount of funds in CMS’s possession to $1,102.11. After the receipt of these funds your loan remained contractually delinquent and due for the February 1, 2016 mortgage payment. On April 28, 2016, CMS received funds from you in the amount of $1,500.00 which brought the total amount of funds in CMS’s possession to $2,602.11. That day, CMS applied $1,232.32 to the February 1, 2016 payment, $1,208.27 was applied to the March 1, 2016 mortgage payment and the remaining $161.52 was held in an unapplied status until the time that CMS was in receipt of additional funds required to satisfy the April 1, 2016 mortgage payment.
On May 30, 2016, CMS received funds from you in the amount of $1,250.00 which brought the total amount of funds in CMS’s possession to $1,411.52. That day, CMS applied $1,208.27 to satisfy your April 1, 2016 mortgage payment and the remaining $203.25 remained in an unapplied status until the time that CMS received additional funds from you required to satisfy the May 1, 2016 mortgage payment that was due at that time. Then, on June 30, 2016, CMS received new funds from you in the amount of $1,005.02 which brought the total amount of funds in CMS’s possession to $1,208.27. These funds were applied to satisfy your May 1, 2016 mortgage payment that same day.
The last payment CMS received from you was on August 3, 2016 in the amount of $1,250.00. That day, CMS applied $1,208.27 to your June 1, 2016 mortgage payment which is why your loan is contractually in default and showing due for the July 1, 2016 mortgage payment at this time. Attached for your reference is a copy of your loan payment history as well as the loan servicing system payment codes and definitions. In light of this information, CMS respectfully declines your request to refund you for any overpayment as no such overpayment exists.
CMS is able to confirm that a number of letters have been issued to you informing you of the delinquent status of your loan. Most recently, CMS issued the attached Notice of Intent to Foreclose (“NOI”) to you on August 6, 2016. This notice explained that your loan was in default for the nonpayment of the July 1, 2016 mortgage payment and provided $2,874.94 as the amount required to cure the delinquency. This letter also notified you that failure to cure the delinquency within thirty days may result in acceleration of the sums secured by the Mortgage and in the sale of the property. The NOI is a system generated letter that is automatically issued when a loan has become past due and is required by law prior to any initiation of foreclosure proceedings. CMS apologizes if you felt the NOI was inappropriate in any way as CMS’s intent has been to attempt to make arrangements to resolve the account delinquency, and to transmit accurate information regarding the consequences of any failure to do so.
Please be advised that because you have indicated that your insurance agency has provided CMS with the requested EOI, multiple CMS representatives including me have contacted your insurance agency, [redacted] (“[redacted]”), in an effort to secure EOI for the period beginning on November 11, 2014 to February 22, 2016. Eventually, CMS was able to confirm that [redacted] was unable to provide CMS with EOI for that period because [redacted] has no record that your property was insured during that time due to cancelations of your insurance coverages. That being said, should your property have been insured for this period, we encourage you or your insurance agency to send EOI to [redacted] via fax at [redacted] as soon as possible.
It is important to note that during the conversations with your insurance agency, CMS was notified that your current preferred insurance policy is at risk of being cancelled as your insurance agency informed CMS that they are not yet in receipt of evidence that you purchased the subject property. While CMS cannot comment on your insurance agency’s underwriting requirements or what specific information your insurance agency has requested from you, we encourage you to take whatever actions are necessary to ensure that your current preferred insurance policy is not cancelled. In an effort to help you document that you purchased the property, please find copies of your Note, Security Deed, and Final Settlement Statement (“HUD-1”).
In light of the above, CMS respectfully submits that the increase to your mortgage payment was a result of CMS recovering the amounts disbursed on your behalf for property taxes and insurance. Because you have indicated that your mortgage payment has become unaffordable due to the collection of the escrow shortage, CMS has waived your requirement to pay the escrow shortage for a period of two months, and has manually adjusted your July 1, 2016 and August 1, 2016 mortgage payments to the amount of $1,038.09. This action is undertaken voluntarily by CMS without admission of fault or liability, and solely to demonstrate our dedication to the well-being of the consumers we serve.
As another expression of our commitment to the highest standards of customer satisfaction, CMS has also taken the necessary actions to allow you to pay the remaining escrow shortage over an extended period of time beginning with your September 2016 mortgage payment. Attached for your reference is a copy of a new escrow analysis that was completed by CMS on August 19, 2016. The escrow analysis projected your annual escrow disbursement to remain in the amount of $3,121.39, and 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 your escrow account.
Based upon the amount of the projected escrow disbursements and the balance of your escrow account at the time the escrow analysis was completed, CMS determined that your escrow account will have a deficit of $841.39 in August 2016 and that your escrow account will have an escrow shortage in the amount of $1,361.61 at that time ($841.39 plus $520.22 equals $1,361.61). The escrow shortage has been spread over a period of thirty-six months which decreases your monthly mortgage payment from $1,208.27 to $1,075.91 effective on September 1, 2016. The September 1, 2016 mortgage payment is outlined below for your ease of reference.
Principal and Interest: $ 777.98
Base Escrow Collection: $ 260.11 ($3,121.39 divided by 12)
Monthly Escrow Shortage: $ 37.82 ($1,361.61 divided by 36)
September 1, 2016 Payment $ 1,075.91
Finally, if you are experiencing financial difficulty in paying the above referenced monthly payment and have had a change in your financial circumstances, we encourage you to reapply for mortgage assistance with CMS. You may visit CMS’s publicly-available website online at [redacted] to learn more about the program options and to upload the required documents electronically. Your complete loan modification application package may be sent to CMS via email at [redacted] or via fax at [redacted].
Based on the foregoing, we believe the record is clear that because CMS has not been in receipt of valid EOI for the period of November 11, 2014 to February 22, 2016, LPI has been purchased for the property at your expense which has increased your mortgage payment. It is also clear that CMS has properly accounted for and properly applied all funds received to your loan. In an effort to assist you, CMS has removed your requirement to pay the escrow shortage for a period of two months and has spread the escrow shortage over a period of thirty-six months which has caused your mortgage payment to decrease. Should you wish to further discuss any aspect of your loan, we encourage you to contact CMS’s Customer Service Department at [redacted] for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted], [redacted].

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Please see attached letter-
Why did Carrington violate my privacy? Please sent documentation that you provided the required disclosures and/or permission.Please sent CPB guidelines pertaining to the subpression of my my loan and payment information.When are you going do the timely and accurate reporting of my loan status and payment history required by Federal law?

September 14, 2016       [redacted]                 RE:      Complaint 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”) regarding the above- referenced loan received in our office via email on August 26, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.   As we understand your complaint, you state that you sent CMS an assumption package along with the required $500.00 fee, and that you confirmed CMS received this package on June 15, 2016.  In addition, you state that you have called CMS several times to check the status of this request, and each time you called you have been informed that a response would be forthcoming; however, as of the date of your complaint you have not received any response.   Upon review, the records show that your assumption package was received by CMS on June 15, 2016.  Regrettably, due to an inadvertent clerical error this package was not forwarded to the  Assumption Department for processing.  On September 7, 2016, I had the pleasure of speaking with you, and during this call I expressed our sincere apologies for the delay in processing your request, and informed you that we were prepared to expedite your assumption request.  However, you indicated that you wanted to withdraw your assumption request, and also requested that the $500.00 fee be refunded to you.  That same day, the refund request was processed and check number [redacted], in the amount of $509.05 was sent to you by separate mail.   We acknowledge that CMS missed opportunities to provide you with a more timely response to your request for an assumption, and we would like to take this opportunity not only to express our sincere apologies for any inconvenience that you may have experience due to the delay in processing your request, but also to thank you for bringing this matter to CMS’s attention.  CMS is always looking for ways to improve service levels and your feedback is important us.   In closing, if you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted]. Lastly, if you wish to learn more about the additional services available at CMS please visit our website at https://carringtonms.com to obtain that information.   We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.   Sincerely,       [redacted] Customer Advocate   CC:      Revdex.com       -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or 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 P.O. Box 3489, [redacted].   MINNESOTA: Carrington Mortgage Services, LLC is licensed by the Minnesota Department of Commerce.

April 15, 2015
[redacted]
[redacted]
RE:      Loan No.:                   ...

[redacted]            Complaint ID:             [redacted]            Property Address:       [redacted]
          Dear Mr. and Mrs. [redacted]:
The Customer Advocate Department
of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint
filed with the Revdex.com (“Revdex.com”) received in our office via email
on March 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 claim that CMS called you and left a message on your home phone answering
machine requesting a call back from you and informing you that CMS is a debt
collector.  You express concerns with the
statement that CMS is a debt collector and feel that the call was unnecessary,
as you indicate that you have a history of timely payments and have also set up
auto-draft on this loan.  In addition, you
state that when you contacted CMS to replay the telephone message and discuss
your concerns, the CMS representative was unable to properly respond to your
inquiries or address any of your concerns on this matter.   
At the outset, please note that
the servicing of this Federal Housing Administration (“FHA”) insured loan was
transferred from CitiMortgage Inc. to CMS on November 4, 2014.  At the time of the service transfer the loan
was showing contractually current and due for the December 1, 2014 payment.
Upon review, our records show
that you paid the December 1, 2014 payment on December 3, 2014, and also paid
the January 1, 2015 payment on December 15, 2014.  In addition, on December 23, 2014, your loan
was set up on auto-draft with payments being drafted on the sixteenth (16th)
of each month, beginning on February 16, 2015. 
Thereafter, on March 12, 2015,
CMS made a courtesy call to you at your home phone number and left a message on
your answering machine to call CMS.  It
was during this call that CMS also provided the disclosure which indicated the
CMS is a debt collector.  It is important
to note that CMS is required disclose its status as a debt collector pursuant
to federal law.
On April 14, 2015, CMS Supervisor
[redacted], called you and during this call he explained that, due to your active
auto-draft enrollment, the call made to you on March 12, 2015 should not have
been completed.  In addition, going
forward your loan would be excluded from any further courtesy calls as long as
your auto-draft remains in effect.  In
addressing your concerns, Mr. [redacted] also explained the reason CMS must
provide the disclosure that we are a debt collector.  Lastly, Mr. [redacted] apologized for any
inconvenience that you may have experienced as a result of the inadvertent
telephone call and message left on your home answering machine. 
Based on the foregoing, we
acknowledge that CMS missed opportunities to provide you with a more timely
response to your concerns and speak with a CMS Supervisor. We would like to
take this opportunity to thank you for bringing this matter to CMS’s
attention.  CMS is always looking for
ways to improve service levels and your feedback is important us. 
We trust that this communication
addresses all of the concerns noted in the complaint.  If you have any further questions, please
contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to
5:00 PM, Pacific Time.
Sincerely, [redacted]Customer Advocate
Enclosures:
CC:      Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please
contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage
Services, LLC, Attention: Customer Service, P.O Box 54285, Irvine, CA
92619-4285, or calling 1-800-561-4567.  Please include your loan number on
all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for
Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m.
to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our
website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If
you have been discharged from personal liability on the mortgage because of
bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding,
this letter is not an attempt to collect a debt from you but merely provides
informational notice regarding the status of the loan.  If you are
represented by an attorney with respect to your mortgage, please forward this
document to your attorney.
-CREDIT
REPORTING-
We
may report information about your account to credit bureaus. Late payments,
missed payments, or other defaults on your account may be reflected in your
credit report.  As required by law, you are hereby notified that a
negative credit report reflecting on your credit record may be submitted to a
credit reporting agency if you fail to fulfill the terms of your credit
obligations.
-MINI
MIRANDA-
This
communication is from a debt collector and it is for the purpose of collecting
a debt and any information obtained will be used for that purpose. This notice
is required by the provisions of the Fair Debt Collection Practices Act and
does not imply that we are attempting to collect money from anyone who has
discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a
list of HUD-approved homeownership counselors or counseling organizations in
your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or
by going to [redacted].
-EQUAL
CREDIT OPPORTUNITY ACT NOTICE-
The
Federal Equal Credit Opportunity Act prohibits creditors from discriminating
against credit applicants on the basis of race, color, religion, national
origin, sex, marital status, or age (provided the applicant has the capacity to
enter into a binding contract); because all or part of the applicant’s income
derives from any public assistance program; or because the applicant has, in
good faith, exercised any right under the Consumer Credit Protection Act. The
Federal Agency that administers CMS’ compliance with this law is the Federal
Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA
Disclosure-
MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member
of the military, please contact us immediately. 
The federal Servicemembers Civil Relief Act and comparable state laws
afford significant protections and benefits to eligible military service
personnel, including protections from foreclosure as well as interest rate
relief.  For additional information and
to determine eligibility please contact our Military Assistance Team toll free
at [redacted].
-NOTICES OF ERROR AND
INFORMATION REQUESTS-
You have the right to request documents we relied
upon in reaching our determination.  You
may request such documents or receive further assistance by contacting
Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

June 16, 2015
 
 
[redacted]         
[redacted]
 
RE:      Loan No.:                    [redacted]
            Complaint ID:             [redacted]
           
Dear Mr. and Mrs. [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 email on June 1, 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 rebuttal.
 
 
We regret that you were dissatisfied with our response to your complaint.  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 complaint was investigated fairly and we believe it was resolved appropriately. 
 
As you are aware, our response dated May 28, 2015, included supporting documentation for the outstanding property inspection fees and late fees assessed to you loan by the prior servicer.  Additionally, we confirmed with [redacted] that their records did not show any evidence to support your claims that the outstanding fees would be waived prior to the service transfer to CMS.  Lastly, as of the date of this letter, CMS has not received any correspondence or research request from you. 
 
Based on the foregoing, we conclude that the aforementioned fees are due and payable.  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 Service 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 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 1-888-267-5474.
 
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].
 
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], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.Carrington Mortgage Services, as a large corporation clearly does not care about me as a small individual customer.  Their response included complete falsifications when stating that we paid by debit card when in fact that never happened.  We have paid our monthly payment online from their website using the same account number and routing number each month since our mortgage opened with them.  Furthermore, their own representative did indeed state that these payments would not be placed on our credit report.  What other possibly remedies are there?]
Regards,
[redacted]