Carrington Mortgage Services LLC

March 29, 2017    
[redacted]     RE:      Complaint No:            [redacted] Loan No.: ...

                  4[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 March 10, 2017.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your complaint, you claim that CMS has not complied with your request to remove your phone number from the CMS refinance solicitation call campaigns.  In addition, you express concerns with a payment increase in the amount of $50.00, and also state that you believe this payment increase is a tactic to pressure you into refinancing your loan.   Upon review, our records show that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] N.A. (“BOA”) to CMS on or about December 2, 2016.   Please note that, while CMS began servicing the loan on December 2, 2016, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition.  This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and complete post-transfer diligence and escrow analysis that are due within sixty days of the acquired date.      The records show that on January 5, 2017, you requested that your contact information be removed from the CMS Mortgage Lending solicitation campaigns.  That same day, the CMS Representative updated your loan on the CMS loan servicing system to show that you were opting out of solicitation calls.    Upon further review, CMS identified an internal system error.  Regrettably, this system error caused your loan to be included in the Mortgage Lending solicitation call campaigns after January 5, 2017 notwithstanding your request to be excluded.    Please be advised that your request to have your contact information removed from the CMS Mortgage Lending solicitation campaigns has been completed by CMS as of March 10, 2017, and you should no longer receive any solicitation calls going forward.   Upon further review, our records show that on January 31, 2017, an escrow analysis was completed.  This escrow analysis was completed as part of the post service transfer requirements mentioned above.  That same day CMS sent you an Annual Escrow Account Disclosure Statement (“AEADS”).  A copy is attached for your ease of reference.  The purpose of the AEADS was to advise you of your projected escrow activity for your escrow cycle beginning March 1, 2017 and ending February 28, 2018. More specifically, the AEADS projected that your yearly county taxes would be $2,697.70, and your yearly homeowners insurance premium would be $1,143.00.  Correspondingly, your total disbursements for your escrow cycle beginning March 1, 2017 and ending February 28, 2018 were calculated to be $3,840.70. The total projected escrow advances divided by twelve (12) equals $320.05 per month and represents the required escrow payment beginning March 1, 2017.    In addition, please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent your escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in the escrow account. Because escrow items remain the borrower’s responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds.  Specifically, the Real Estate Settlement Procedures Act (“RESPA”) authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle which is over a twelve-month period. Additionally, when your escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be your 1/6th escrow cushion amount. If you wish to have a better understanding of RESPA, escrow accounts, and your rights as a consumer, CMS encourages you to visit the U.S. Department of Housing and Urban Development website at http://portal.hud.gov/hudportal/HUD.   In light of the above, CMS is authorized to collect no more than 1/6th of your total projected escrow disbursement for your escrow cycle beginning March 1, 2017 and ending February 28, 2018. The total escrow cushion that CMS may collect is $640.10.    For an explanation of the escrow shortage please refer to the next section of the AEADS, below the Projected Escrow Activity from March 1, 2017 and ending February 28, 2018 and note the projected low point balance of $19.59 for February 2018.  Looking at the next column for the same date under “Required”, please note that the low point balance should be $640.10 (1/6th cushion).  As such, CMS is collecting the difference between the projected low point balance of $19.59 and the required low point balance of $640.10, which equals $620.51.  This escrow shortage is being collected over a twelve (12) month period starting with the March 1, 2017 payment, resulting in a monthly shortage collection in the amount of $51.70.  The following is a summary of the total payment amount beginning March 1, 2017.   Principal and Interest Payment                       $522.79 Escrow Payment                                             $320.05 Escrow Shortage                                            $  51.70 Total:                                                               $894.54   Based on the foregoing, we conclude that the annual escrow analysis and payment adjustment were completed in accordance with the established loan servicing policy and procedure for this FHA insured loan.  It is important to note that the annual escrow analysis is required by law, and payment adjustments may be required from time to time to ensure proper accounting of escrow funds and also to insure sufficient funds for projected disbursement for the payment of taxes and insurance.  Please be advised that CMS denies, generally and specifically, all claims and allegations of wrongdoing contained in your correspondence.   Nevertheless, we would like to take this opportunity not only to express our sincere apologies for any inconvenience that you may have experienced as a result of the Mortgage Lending solicitation call campaigns, 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, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint.  You may contact CMS regarding the administration of this loan and may do so by calling our Customer Service Department at ###-###-####, Monday through Friday, from 8:00AM to 8:00PM, Eastern Time.  In addition, you can also send written correspondence including inquiries and complaints about his mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O. Box 3489, Anaheim, CA 92803 or fax his correspondence to ###-###-####.   We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at ###-###-####, Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.     Sincerely,     [redacted] Customer Advocate   CC:  Revdex.com     IMPORTANT DISCLOSURES     -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 3489, Anaheim, CA 92803, or by calling ###-###-####.  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.   -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.   -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.   -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.     -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at ###-###-#### or toll-free TDD ###-###-####, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor.   -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.   -SCRA Disclosure- MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at ###-###-####.   -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at ###-###-####, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489, Anaheim, CA 92803.

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].

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.

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].

September 8, 2016          Original response sent via EMAIL   [redacted]              ...

RE:      Loan No.:                    [redacted]                         Complaint No.:           [redacted]                         Property Address:       [redacted]                                         ...⇄ Dear Mr. and Mrs. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on August 22, 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 requested a copy of the property survey that was completed when you purchased the property and that CMS provided you with a seventy-two hour response time. You go on to state that you did not receive your property survey within the seventy-two hour response timeframe provided and had to submit a second request to CMS for the property survey.   On August 16, 2016, you called CMS stating that you were selling your home and requested a copy of the property survey that was completed at the time you purchased your home. While the CMS associate was submitting your request you asked to have the property survey sent to your new mailing address of [redacted] and provided a contact number of [redacted] in the event that CMS needed to contact you regarding your request. The CMS associate then stated that it would take up to seventy-two hours to complete your request. On August 17, 2016, your request was completed; however, our review reflects that, due to an inadvertent clerical error, the property survey was mailed to the property address at [redacted] instead of the address to which you had requested it be sent. We sincerely apologize for any inconvenience this may have caused.     On August 19, 2016, you called CMS to follow up on the previous phone call you made on August 16, 2016. After stating that your request was a time sensitive matter, the CMS associate stated the she would submit a new request and offered to have the property survey faxed or emailed to you. She stated that your request would take up to seventy-two business hours to complete and that this would be treated as a new request because the request from August 16, 2016 had already been completed. In response, you requested to be transferred to a supervisor in an attempt to expedite your request.   After your call was transferred to our Customer Service Escalation Team, you were again advised that all requests have up to a seventy-two hour turnaround timeframe and that requests are handled in the order that they are received. The Escalation Associate further clarified that it was not possible to place an expedited request for documents. Also, you were advised that if you did not provide a specific method by which you wished to receive your document your request would be sent via regular mail. You then requested to have your property survey sent via fax to [redacted] at [redacted]. On August 23, 2016, your request was complete and the property survey was faxed to [redacted]. Regrettably, due to an independent and separate inadvertent clerical error, it appears that the fax sent on August 23, 2016 did not include the property survey; instead, the fax contained only a copy of the appraisal completed at origination. Again, CMS apologizes for any inconvenience this may have caused. In an effort to correct this inadvertent clerical error, we are attaching a copy the property survey to this correspondence for your records.   On August 23, 2016, CMS received payoff funds in the amount of $63,298.54. As a result, your loan reflected an escrow refund of $1,693.31 that was scheduled to be refunded to you within thirty days. Because CMS did not receive a request to update your mailing address, on September 7, 2016, I personally attempted to contact you at [redacted] in an effort to update your mailing address before the refund was issued. Later that same day, the escrow refund check in the amount of $1,693.31 was issued and mailed to 4124 Chicago Avenue, [redacted].   On September 8, 2016, I placed another call to [redacted] and left a message for you to return my call. Additionally, I sent a message to you via email at [redacted] requesting a return call from you.   In closing, we would like to encourage you to contact us at [redacted] should you fail to receive the escrow refund check.  Please note that CMS endeavors to provide our customers with the best customer service possible and would like to take this opportunity to sincerely apologize for any miscommunication and inconvenience you may have experienced.       We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.       Sincerely,       [redacted] Customer Advocate   CC:      Revdex.com   IMPORTANT DISCLOSURES     -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted].  Please include your loan number on all pages of correspondence.  The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.   -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.   -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.   -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.           -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].   -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.   -SCRA Disclosure- MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].   -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].   TEXAS: Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, [redacted].  A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT [redacted].

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], 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]

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].

October 21, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Dear Mr. [redacted]:
The [redacted]...

[redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on September 30, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that the amount you paid for your September 1, 2015 mortgage payment was short of the total amount due. You go on to say that you called CMS and were advised that you could not make a payment for the difference until the initial payment was processed. Resultantly, a few days later, you called CMS and were advised that a late fee charge had been assessed to your account despite receiving a letter confirming that a late fee charge would not be assessed to your account. As a result, your desired resolution is for a CMS supervisor or manager to return your phone call and waive your late fee charge.
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.
As a preliminary matter, CMS is happy to confirm that the late fee charge assessed to your account in the amount of $52.94 has been waived as a onetime courtesy. Our records, as of the date of this correspondence, indicate that your loan is paid through October 2015 and next due for the November 1, 2015 payment in the amount of $1,323.59. For your reference, attached hereto as Exhibit “A” please find a twenty-four (24) month payment history and account balances along with the transaction codes and definitions.
We would like to take this opportunity to remind you that all payments are due on the first (1st) day of each month, and are considered late as of the second (2nd) day of the month. If the payment is not received by CMS on or before the sixteenth (16th) day of the month, a late fee will be assessed to your account. Also, any payment received by CMS after the month in which the payment became due may be reported to the credit bureaus as delinquent. Consequently, we encourage you to remit your monthly mortgage payments to CMS on or before the due date to prevent any late fees or derogatory credit reporting for any unexpected issues that may arise when making your monthly mortgage payment.
Moreover, we acknowledge that, during the period immediately after a recent transfer of loans, CMS experienced an unusually high volume of phone calls. Consequently, although CMS strives to review all borrower requests within a reasonable timeframe, borrowers may have occasionally experienced infrequent delays while waiting to have their request reviewed. Please know that CMS is doing everything in its power to review all requests as quickly as possible. Nevertheless, CMS understands your frustration and we sincerely apologize for any inconvenience you may have experienced.
That said, please know that it is your responsibility to pay the correct mortgage payment amount on time each month. Failure to pay your monthly mortgage payment on or before the sixteenth (16th) of the month will result in a late fee charge assessed to your account. 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 [redacted].
Based on the foregoing, we find no evidence of wrongdoing on CMS’s behalf. Once again, mortgage payments received after the sixteenth (16) of the month will be assessed a late fee. As a result, we submit that the late fee assessed on your account was proper and assessed pursuant to the terms of your Mortgage.
In closing, please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [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
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.
-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

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].

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]

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].

June 1, 2016     Original response sent via regular mail   [redacted]   RE:      Loan...

No.:                    [redacted]                         Complaint No.:           [redacted]                         Borrower:                    [redacted]                         Property Address:       [redacted]   Dear Ms. [redacted]:                                         ...⇄ The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on May 5, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.   As we understand your complaint, you allege that you made your January 1, 2016 mortgage payment on January 31, 2016 via your CMS online payment account. You go on to say that CMS failed to apply your mortgage payment the same day that you authorized your online payment transaction which resulted in a thirty (30) day account delinquency and derogatory mark on your credit report. Consequently, your desired resolution is for CMS to remove the delinquency from your account, apply your mortgage payment as of the same day you authorized your online payment transaction, and correct your credit report with the credit reporting agencies.   As a preliminary matter, on January 31, 2016, our records indicate that you authorized a payment transaction via your CMS online account in the amount of $563.99. Although you authorized the payment transaction on the last day of the month, CMS was unable to process your payment until the following business day. Specifically, please note that every time you log in to your CMS online account to make a payment, CMS provides you with terms and conditions that you must agree to and accept prior to submitting an online payment transaction. In particular, the CMS website clearly advises you that “Payments submitted after 11:00PM Eastern Time / 8:00PM Pacific Time or on Sundays will be processed the next business day”. For your reference, below please find a screenshot of the terms and conditions that you must agree to and accept prior to submitting an online payment transaction.   As you may already know, January 31, 2016 was a Sunday. As a result, pursuant to the online payment terms and conditions, CMS processed your payment the following business day on Monday, February 1, 2016. By submitting your payment authorization on Sunday, January 31, 2016 and having your payment applied to your account the following business day on Monday, February 1, 2016, your account became a full month past due. Accordingly, on February 10, 2016, CMS reported your account status to the credit reporting agencies ([redacted], [redacted], and [redacted]). Please note that CMS reports your account status once a month to the credit reporting agencies on the 10th day of each month and that the February 10, 2016 credit report was a routine update to the credit reporting agencies. Because your January 1, 2016 mortgage payment was not processed until February 1, 2016, CMS reported a thirty (30) day account delinquency on your February 10, 2016 credit report.   We would like to take this opportunity to remind you that all of your mortgage payments are due on the first (1st) day of each month, and are considered late as of the second (2nd) day of the month. If the payment is not received by CMS on or before the sixteenth (16th) day of the month, a late fee will be assessed to your account. Also, any payment received by CMS after the month in which the payment became due may be reported to the credit reporting agencies as delinquent. Consequently, that is the reason why CMS reported the thirty (30) day delinquency on your January 1, 2016 mortgage payment to the credit reporting agencies.   Additionally, pursuant to the Consumer Financial Protection Bureau (“CFPB”) guidelines, we have suppressed your credit reporting for sixty (60) days upon receipt of your complaint. In other words, your complaint was received on May 5, 2016 and the sixty (60) days will expire on July 5, 2016. As a result, CMS will report your account status and payment history to the credit reporting agencies in July of 2016.   Based on the foregoing investigation and review of your account, we are unable to find any evidence of wrongdoing on CMS’s behalf. Contrary to your allegations, our records are clear that CMS has properly serviced your account pursuant to the terms of your mortgage loan agreement and in accordance with applicable law and program guidelines. Lastly, please know that CMS is obligated by federal law to provide timely and accurate credit reporting with regard to your account status and payment history. As a result, we submit that all of the information reported to the credit reporting agencies is correct and properly reflects your account status and payment history. Correspondingly, CMS respectfully denies your request to remove the thirty (30) day delinquency reported on your account to the credit reporting agencies.   In closing, please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [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       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].

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]
There are several untrue statements in their responce when I called the first time they told me that I was $282.00 dollars behind which was the riase in the payment for 2 months they say in this note that the february payment was short but they also say that the raise did not occur until March. The March payment was made and the customer service rep made no mention of the March payment not being made. Every monthly payment was made with an additional payment of $1200.00 which they conventley did not mention. Monthly payments were made in the new amount once we found out that the payment had increased with the additional 1200..00 payment. There were never any messages left on the answering machine and they never had a supervisor call me back after the multiple attempts I made to contact them. The customer service person would never let me talk to anyione else and told me that there was nothing I could do. I did send back the form that I had been affected by the floods in July that they mention but it did not make any differance. I did not get a letter with date of foreclosure which they legally have to provode. I did get the letter that it was going to foreclose in 60-90 days and it foreclosed in about 30 days from the time I received that letter. I never missed one payment in 17 years and they get by with stealing my house and stealing my life. I do not know how they can falsify records steal my home and get by with it. they have a lot of complaints against them and should not be allowed to do this to anyone else. they should not have been allowed to do this to me. I have the records proving my payments were made. I can not get anyone to halp me and they get by with taking peoples homes when al payments have been made. they also have not only illeagaly taken my home they have ruined my credit. I made multiple attempts to contact them and they would only say it is in foreclosure and there is nothing youo can do I asked them to speak to someone else they refused after multiple requests they transfered me to a supervisor and I left several voice messages they woudl not cal me. I did not think I needed mortgage assistance because I was making every payment.

June 29, 2015
 
 
[redacted]
 
RE:      Complaint ID No.:      [redacted]
MLD Loan No.:         ...

[redacted]
            Property Address:       [redacted]
 
Dear Ms. [redacted]:
 
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on June 2, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.
 
As we understand the complaint, you claim that you applied for a loan with CMS approximately sixty (60) days ago and that CMS informed you that you were approved pending some conditions.  You further claim that you promptly cleared all the conditions outlined in the conditional approval; however, two days before the scheduled closing date, CMS informed you that your loan was denied because you did not meet Federal Housing Administration (“FHA”) lending guidelines.  You assert that during the loan application process you were required to provide the same information multiple times.  In addition, you state that you do not understand the denial reason since your pay and credit did not change throughout the application process.
 
Upon review, our records show that on April 8, 2015, you spoke with CMS Loan Officer, [redacted] and during this call you informed Mr. [redacted] that you wanted to apply for a FHA insured loan to purchase a property located at [redacted].  In addition, you indicated that you had a closing date on the purchase of the property set for May 15, 2015.  Mr. [redacted] explained that the loan process would take approximately forty-five (45) days from the time CMS received your loan application and required financial documentation. 
 
On April 17, 2015, CMS received your application via the CMS loan application website and upon receipt of this application; CMS sent you loan disclosures and also a list of required financial information and documentation.  Mr. [redacted] contacted you on April 20, 2015, April 21, 2015, and April 24, 2015 to follow up on the required documents to complete your loan application but was not successful in obtaining the required information.  On April 27, 2015, in an effort to help expedite the completion of your loan application, Mr. [redacted] made arrangements to meet you to obtain the documents and signatures needed to complete your application. 
 
On April 30, 2015, the appraisal was received and it was forwarded to you and your realtor.  On May 1, 2015, your realtor and you had a conversation with Mr. [redacted] and indicated that you would be providing an addendum to the purchase contract lowering the sale price in light of the appraisal.   On May 5, 2015, the purchase contract addendum was received and the file was submitted to underwriting for review and processing.   
 
On May 11, 2015, Mr. [redacted] communicated with you and your realtor via email and informed you that additional information had been requested and he included a list of the requested documents.  Below is a list of these documents for ease of reference.
 
·         Need letter from employer that states borrower can work from home.  Borrower’s current employer is in [redacted], and buying a primary residence in [redacted].
·         Two months recent bank statements (the statements already received were transaction printouts without the name of the applicant on the documents). 
·         Letter of explanation for credit inquiries.  
·         Seller and realtor to sign attached FHA amendatory clause. 
·         Sign and complete the attached HUDVA addendum. 
·         Rental contract information.  Need a letter from the father stating that she is living with him rent free. Has she been living with him for a year?  Please include that in the letter.  Need all rental information for past year.
·         The W-2 income that is showing on 2013 and 2014 returns, was that her ex-husbands income?  If so, does she have the W-2’s that were filed with the taxes?  If not, please explain?
 
On May 12, 2015, CMS received some of the requested information but was still missing certain documents from you.  On May 15, 2015, the closing was postpone for two weeks to allow you time to provide the missing information and have the loan submitted to underwriting for review and disposition.  On the evening of May 16, 2015, CMS received the last income document needed to move forward with your application. 
 
On the morning of May 17, 2015 the file was submitted to underwriting for review and processing.  That same afternoon, underwriting provided a response which indicated your change in income method was a concern.  The issue in question was that while your prior income with previous job was paid on a W-2 basis, your current income was paid on a 1099 basis and this income had a history of less than six (6) months.  This information was communicated to you by Mr. [redacted].  In addition, Mr. [redacted] informed you that if you agreed, he would ask that your application be considered for an exception and you agreed.  Therefore, your loan application was re-submitted with a request for an exception on May 18, 2015.  On May 22, 2015, the underwriter requested a letter of explanation regarding your income which you promptly provided and the file was submitted back to underwriting that same afternoon.  On May 26, 2015, Mr. [redacted] confirmed that the underwriter had accepted the letter of explanation and that your loan application was be submitted for review and disposition; however, he noted that it could take up to five (5) business days to receive a decision. 
 
On June 1, 2015, Mr. [redacted] received notification that your loan application had been denied. The reason for the denial was inability to verify income and, therefore, an exception could not be approved in your case.  On June 2, 2015, a Statement of Credit Denial was sent to you.  A copy of this document is attached for ease of reference.
 
Based on the foregoing, we conclude that CMS processed your loan application in accordance with the FHA lending guidelines.  Although it took time to acquire requested information and documentation, CMS referred the file to underwriting promptly upon receipt of the outstanding requirements and provided you with a decision within a reasonable timeframe. 
 
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
 
 
Sincerely,
 
 
[redacted]
Customer Advocate
 
CC:  Revdex.com

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]

February 15, 2017    
[redacted]  [redacted]     RE:       Complaint No.:           [redacted] Loan...

No.:                   [redacted] Property Address:       [redacted]  [redacted]     Dear Ms. Dicus:   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 27, 2017.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your complaint, you express several concerns with the service transfer to CMS and allege violations of laws have occurred.  You claim that CMS did not provide you with notification of the service transfer. You go on to say that you mailed your December 2016 payment to the mailing address provided to you by the prior servicer; however, when you called CMS on January 12, 2017, you were informed that your loan was showing due for the December 2016 and January 2017 payments.  You indicate that the CMS Representative confirmed receipt of your payment, yet she did not provide you with an acceptable explanation why your payment had not been applied to the December 2016 payment.  Additionally, you state that you received a certified letter from CMS on January 25, 2017, which indicated your loan was sixty days past due, which was inaccurate since you had already paid both of these payments. Lastly, you request that CMS send you monthly billing statements, and also want confirmation that CMS has not reported any derogatory credit on your loan to the credit reporting agencies.    Upon review, the records show that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] N.A. (“[redacted]”) to CMS on or about December 2, 2016.  For your ease of reference, attached hereto as Exhibit “A” please find a copy of the December 7, 2016 Notice of Service Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer.    At the time of the service transfer your loan was showing contractually due for the December 2016 payment in the amount of $718.04, and an outstanding late fee in the amount of $19.14.  For your ease of reference, attached hereto as Exhibit “B” please find a payment history provided by your prior servicer that shows payment transactions from April 13, 2010 to November 22, 2016.  Please note that the outstanding late fees in the amount of $19.14 have been due on your loan since May 2015.   Additionally, the records show that you filed for Chapter 7 bankruptcy protection on December 15, 2015, case number [redacted].  A Reaffirmation Agreement was filed with the bankruptcy court on March 16, 2016.  Subsequently, you received a discharge on April 7, 2016, and this case was closed on October 25, 2016.    Please note that, while CMS began servicing your loan on December 2, 2016, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition.  This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and complete post-transfer diligence and escrow analysis that are due within sixty days of the acquired date.    Upon further review, the records show that you logged into the CMS website on December 16, 2016 and you registered your loan. As you know, the website allows you view your loan information.  On December 23, 2016, CMS received a payment from you in the amount of $720.00.  This payment was applied to your loan’s Unapplied funds account.     Please note that the reason this payment was applied to the Unapplied account is that your loan showed a prior bankruptcy.  As such, as mentioned above CMS began a post-transfer loan review to insure the loan was [redacted]rded to the CMS servicing system in accordance with the appropriate loan status.  During this review your loan was coded to hold any payments from being posted to the loan until the review was completed.  The post-transfer reviews for the service transfer that included this loan were completed on or about January 30, 2017.       On January 11, 2017, CMS sent you a letter by certified mail that informed you your loan was showing due for the December 2016 and January 2017 payments.  Please note that this is a system generated letter, which is sent on all FHA insured loans that show a contractual due date that is past due for thirty-two days or more.  This letter offers mortgage assistance and provides borrowers important contact information for the U. S. Department of Housing and Urban Development (“HUD”) and also includes a Request for Mortgage Assistance (“RMA”) package.  For your ease of reference, attached hereto as Exhibit “C” please find a copy of this letter.   On January 12, 2017, you called CMS and during this call you informed the CMS Representative that you were having difficulty with the CMS website, which was not allowing you to make a payment.  The CMS Representative reviewed your account and informed you that the loan was showing contractually due for the December 2016 payment, but a payment in the amount of $720.00 was in the Unapplied account.   The CMS Representative informed you that your loan showed a prior bankruptcy and that could be the reason you were unable to make a payment using the CMS website, and also why your December 2016 payment had been applied to your Unapplied account.    The CMS Representative apologized for any inconvenience that you may have experienced, and informed you she would request that the payment in the Unapplied account be applied to your December 2016 payment right away.  In addition, the CMS Representative processed your request for a payment by phone (“Speedpay”) and waived the associated fee of $15.00.  The CMS Representative informed you that she would insure your payments were posted to your loan promptly.  That same day, CMS applied your December 1, 2016 payment in the amount of $718.04 from the Unapplied account. The Speedpay payment in the amount of $720.00 was applied to your January 1, 2017 payment in the amount of $718.04, and $1.96 was combined with the Unapplied balance of $1.96 for a total of $3.92, which was applied to the outstanding late fees mentioned above.   On January 25, 2017, you called CMS and during this call you expressed concerns with a letter received by certified mail, which indicated that your loan was two months delinquent.  The CMS Representative informed you that your loan was in fact contractually current and showing due for the February 1, 2016 payment, and that you could therefore disregard the notice.  You requested to speak to a supervisor and the call was warm transferred to Customer Service Supervisor.  in speaking with the supervisor you expressed concerns with CMS for sending you a delinquent notice, and for not posting your December payment to your loan promptly.  The supervisor explained that the letter had been sent to you prior to the date your December payment was posted to your loan, and again informed you that you could disregard the letter as your loan was showing contractually current.  In addition, you asked about billing statements and indicated you had not received any billing statements from CMS.  The supervisor indicated that the reason the billing statements were not being sent was due to the prior bankruptcy flag that showed a discharged debt; however, she noted that your loan also showed a Reaffirmation Agreement had been filed in the bankruptcy proceeding.  The supervisor informed you that she would submit a request to the bankruptcy department to have billing statement sent to you.    On January 27, 2017, CMS received a completed Auto Draft Authorization Form, and a request to change your name on the loan due to marriage.  That same day, CMS sent you a letter that informed you CMS needed a clear copy of your current Social Security Card reflecting your new name in order to complete your name change.  For your ease of reference, attached hereto as Exhibit “D” please find a copy of this letter.   On January 30, 2017, CMS sent you a letter that notified you the auto-draft service for your monthly payments would begin on March 10, 2017.  For your ease of reference, attached hereto as Exhibit “F” please find a copy of this letter.   On February 3, 2017, you called CMS and during this call you indicated that you had not received a billing statement from CMS since the service transfer.  The CMS Representative informed you that the billing statements had been suppressed due to your prior bankruptcy.  The CMS Representative suggested you send a written request to CMS to request billing statements to help expedite this request.  You also inquired about your request to set-up an auto-draft service with CMS.  The CMS Representative informed you that your auto-draft service had been processed and the first payment would be drafted from your bank account on March 10, 2017.  In addition, you requested to make a Speedpay payment by phone.  The CMS Representative processed your payment request in the amount of $720.00, and waived the associated fee of $15.00.  This payment was posted to your February 1, 2016 payment in the amount of $718.04, and $1.96 was applied to the outstanding late fees.   On February 6, 2017, CMS began sending you billing statements.  For your ease of reference, attached hereto as Exhibit “F” please find copies of the billing statements sent to you on February 6, 2017 and February 13, 2017.  Please note that you can also access the CMS website to obtain copies of these statements.   On or about February 7, 2017 CMS received the required documents to complete the process your name change request.  Accordingly, on February 13, 2017 CMS completed the requested name change from “[redacted]” to “[redacted]” was completed.   Lastly, please be assured that CMS has not assessed any late fees or reported any derogatory credit on your loan from the date of the service transfer to February 14, 2017.  For your ease of reference, attached hereto as Exhibit “G” please find a payment history that shows payment transactions on your loan from January 7, 2015 to February 7, 2017.   Based on the foregoing, we conclude that CMS has serviced your loan in accordance with the established policies and procedures for this FHA insured loan, and in accordance with RESPA law and guidelines.  Nevertheless, we acknowledge that CMS missed an opportunity to provide you with a more complete response to your inquiries during the January 11, 2017 and January 25, 2017 telephone calls, and we would like to take this opportunity not only to express our sincere apologies for any inconvenience that you may have experienced, 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.    Lastly, during our review of the records, we did not find any evidence of the alleged unprofessional behavior by the CMS representatives that you spoke with.  As a result of our investigation we find no evidence of wrongdoing on CMS’s behalf.  Please be advised that CMS denies, generally and specifically, all claims and allegations of wrongdoing contained in your correspondence.    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].    Finally, please be advised that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.   We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely,    
[redacted] Customer Advocate   CC:  Revdex.com     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.

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].

April 7, 2017     Original response sent via regular mail   [redacted]  RE:      MLD Loan No.:          [redacted]...

            Complaint No.:           [redacted]                         Borrower:                    [redacted]                         Property Address:       [redacted]   Dear Mrs. [redacted]:                                         ...⇄ The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on March 21, 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 you recently refinanced with CMS and were advised that you would receive cash proceeds from the loan closing in the amount of $75.24. Notwithstanding the disclosure that you executed on February 28, 2017 confirming that you would receive funds in the amount of $75.24, you state that CMS failed to honor the terms of the disclosure by failing to provide you with the aforesaid amount. As a result, your desired resolution is for CMS to honor the terms of the disclosure and provide you with the amount of $75.24.   With regard to your claim that CMS has failed to honor the terms of the disclosure that you executed on February 28, 2017 by failing to provide you with the cash to close funds in the amount $75.24, it is important to understand that our mortgage lending division was unable to fund your loan without first having confirmation that the original refinance documents had been recorded. A review of the refinance application confirms that the earliest business day that our mortgage lending division could fund your loan was on March 2, 2017. That same day, our mortgage lending division funded your loan and CMS received the payoff funds and paid your loan in full the following day on March 3, 2017 (Loan No. [redacted]).   Consequently, because our mortgage lending division first needed confirmation that the original documents had been recorded before funding your loan, and due to the additional accumulation of interest due for the month of March of 2017 on your original loan (Loan No. [redacted]), our mortgage lending division was unable to provide you with the original cash proceeds quoted in the disclosure because a portion of the funds were used to pay for the interest due on your original loan. Nonetheless, our records do indicate that you received cash proceeds in the amount of approximately $30.00 after CMS paid your loan in full, which included the additional accumulation of interest due for the month of March of 2017.   That said, please accept this correspondence as confirmation that CMS has agreed, solely as an expression of our commitment to the highest standards of customer satisfaction and not as an admission of fault, wrongdoing, or of the validity of your allegations, to process a refund check in the amount of $75.24 pursuant to the original figure quoted in the disclosure that you executed on February 28, 2017. Please allow for up to fifteen (15) days from the date of this letter for CMS to process the check and have it delivered to your attention.   Based on the foregoing investigation and review of your complaint, we believe the record is clear that CMS was professional and as timely as possible with the entire loan application review and approval process and the closing of your new loan. Although we regret that you were dissatisfied with the original cash to close funds in the amount of approximately $30.00, we respectfully submit that your original loan was properly paid in full which included the additional interest due for the month of March of 2017 pursuant to the terms and conditions set forth in your original mortgage loan agreement. Nevertheless, please know that CMS remains committed to resolving all reasonable customer requests and our records are now clear that we have addressed all of your concerns. If you want to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O. Box [redacted]field, [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

Tell us why here... May 3, 2016[redacted]RE:      Loan No.:                   ...

[redacted]                        Primary Borrower:      [redacted]                        Co-Borrower:              [redacted]Property Address:       [redacted]Complaint I.D. No.:    [redacted]                        Dear Mr. and Ms. [redacted]:The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on April 13, 2016.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.As we understand your complaint, you state that there have been several payments you made to CMS that are missing from your account history.  You claim that because CMS has not applied all payments you have made to your loan, late charges have been assessed to your loan.  You state that several attempts have been made to rectify the situation; however, these attempts have not resolved your concerns. The desired resolution you seek is for CMS to update your loan to reflect that all payments have been made and for the late charges to be removed from your loan.As you are aware, our Customer Service Research Department received an inquiry from you on February 12, 2016 which raises the same issues as this complaint.  Accordingly, the loan was researched and a response was sent to you by CMS on March 2, 2016.  A copy of that response is included here for your ease of reference.  Although you claim that CMS has not properly applied payments to your loan, your complaint does not provide CMS with any specific information as to why you believe payments have not been applied nor does your complaint provide CMS with information outlining which payment(s) you believe have not been applied to your loan.  Without such information from you, CMS is unable to complete the research necessary to ensure that all funds received from you have been properly applied to your loan, or to take any necessary action to remove any invalid charges from your loan (if applicable).Please be advised that as of the date of this letter, your loan is showing due for the April 1, 2016 mortgage payment in the amount of $1,306.55.  The last payment applied to your loan was on April 14, 2016 which satisfied the March 1, 2016 mortgage payment.  Currently, there are funds in the amount of $456.38 being held in an unapplied status until the time that CMS is in receipt of additional funds required to satisfy the April 1, 2016 mortgage payment.Attached for your ease of reference is a copy of your loan payment history covering the period that CMS began servicing your loan and continuing through May 2, 2016.  CMS encourages you to review the loan payment history as well as your banking records to identify any payments that have been successfully debited from your bank account but that have not been applied to your loan.  Should you locate such payments, CMS encourages you to contact the undersigned directly for immediate assistance.  For your convenience, CMS has also provided a copy of the loan servicing system payment codes and definitions to assist you in understanding your loan payment history.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 AdvocateCC:      Revdex.comIMPORTANT 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].