Carrington Mortgage Services LLC

July 26, 2017    
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                    [redacted]                 [redacted]    [redacted]   Dear Ms. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on July 6, 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.   This notice is intended only for the person(s) to whom it is addressed.  Please do not read or copy this notice if you are not that person(s).  If you received this notice in error, then please notify CMS immediately, and return the notice to us as soon as possible.   For further information please contact: Customer Service Department Carrington Mortgage Services, LLC P.O. Box 5001 Westfield, IN 46074 Telephone (800) 561-4567   Please note that this letter and the related documents are provided for informational purposes only, and in response to your inquiry.             As we understand the complaint, you claim that you paid the loan in full, but CMS refuses to record the deed and satisfaction of mortgage with your County Recorder’s Office.  You claim that you have contacted CMS over 30 times regarding this issue.  You further claim that South Carolina state law requires a deed to be released and a satisfaction of mortgage to be sent 90 days after the loan is paid in full.  You claim that you paid the loan on January 25, 2017 and it has now been over 150 days since the mortgage has been satisfied.  Your desired resolution is to have CMS send the satisfaction of mortgage to the Berkeley County Recorder’s Office immediately.   First, to the extent that your inquiry consists of allegations of wrongdoing of any nature by CMS or otherwise, all such allegations are denied.   Our records indicate that the servicing of the loan transferred from Bank of America, N.A. (“BANA”) to CMS effective September 1, 2016.  A copy of the Notice of Servicing Transfer is enclosed for your records. Shortly thereafter, on January 25, 2017, the loan was paid in full.  A copy of the payment history is enclosed for your reference.  Thus, on January 26, 2017, CMS forwarded the loan information to its title vendor, Orion Title and Escrow (“Orion”).  That same day, CMS also sent a paid-in-full confirmation letter to the mailing address on record and to your e-mail address.   Our records indicate that you called CMS on April 4, 2017 and requested to speak with a representative in the Lien Release Department (“LRD”).  The CMS representative advised that the LRD did not take phone calls.  However, after briefly conferring with a supervisor, the representative advised that the recording of deeds could take up to 90 days in South Carolina.  At that time, you requested to speak with a supervisor.  Regrettably during the warm transfer of this call to a supervisor, the call became disconnected.   You called CMS again on April 26, 2017 and requested for CMS to send a satisfaction of mortgage to the Berkeley County Recorder’s Office.  You called CMS again on May 2, 2017, and during this call you expressed concerns that the satisfaction of mortgage had not been completed by CMS.  The CMS representative informed you that she would escalate the matter.  That same day, the CMS representative contacted the manager of the LRD to review the matter and ensure the required release of mortgage was sent to the Berkeley County Recorder’s Office.    Later that day, the LRD determined that the paid-in-full loan involved an Installment Contract for the Sale of Real Estate (“Land Contract”). Unfortunately, CMS had not previously identified your loan as involving a Land Contract due in part to the fact that CMS did not receive the necessary property documentation from the prior servicer at the time of the service transfer.  As you may be aware, the release of lien associated with a Land Contract differs substantially from a traditional mortgage/deed of trust. Thus, CMS immediately began the search for a copy of the Land Contract, recorded Deed, and any applicable assignments from the Veteran’s Administration (“VA”).   Our records indicate that you called CMS again on May 8, 2017 and requested to speak with a supervisor.  Your call was warm transferred to a supervisor, and during this call you stated that you still had not received the mortgage release despite paying the loan in full two to three months prior.  The supervisor apologized for the delay in processing the release document and informed you the matter would be escalated for resolution.  That same day the supervisor escalated this matter to the manager of LRD.    You called CMS again on May 23, 2017 and requested to speak with a supervisor and your call was warm transferred to a supervisor.  The supervisor advised that the file was escalated to the LRD and that you would be contacted when the review was completed.  Subsequently, CMS completed its investigation of the land records and located the Land Contract for your loan.  Accordingly, a copy of the Land Contract and recorded Deed were provided to Orion to prepare the Warranty Deed for the release.   Our records indicate that you called CMS again on June 13, 2017, and that you requested to speak with a supervisor. Your call was warm transferred to a supervisor, and during this call you expressed that you were upset that the process was taking so long.  The supervisor apologized for the delay and any inconvenience that you may have experienced as a result.  In addition, the supervisor advised you that the delay was due to missing property documentation from the previous servicer and stated that CMS was working diligently to resolve the issue.  The supervisor further advised that he would attempt to put a rush request on the release.    Thereafter, CMS obtained the required documents needed to prepare the Warranty Deed and the relevant tax documents for execution.  Accordingly on July 19, 2017, the Warranty Deed and tax documents were executed and sent back to Orion. Orion has sent these documents to the County for recording, and we anticipate the documents will be recorded shortly.  Attached for your ease of reference is a copy of the executed documents.   Based on the foregoing, we acknowledge that there was a delay in processing the release due to missing documentation from the prior servicer at the time of the service transfer.  CMS is committed to the highest standards of customer satisfaction and professionalism, and for this reason, we take all legitimate complaints regarding the conduct of our business very seriously. For that reason, we would like to take this opportunity not only to express our sincere apologies for any inconvenience that you may have experience in this matter, but also to thank you for bringing this matter to our attention.  CMS is always interested in how we may improve service levels, and your feedback is important.   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     IMPORTANT DISCLOSURES     -VERBAL INQUIRIES & COMPLAINTS- For verbal inquiries and complaints about your mortgage loan, please contact the Customer Service Department for Carrington Mortgage Services, LLC, at 1-800-561-4567 between 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.     -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.     -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.     -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.     -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at (800) 569-4287 or toll-free TDD (800) 877-8339, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor.     -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.     -SCRA Disclosure- MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474.     -NOTICES OF ERROR AND INFORMATION REQUESTS, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to 800-486-5134, or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001, Westfield, IN  46074.  Please include your loan number on all pages of the correspondence.   You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting the Customer Service Department for Carrington Mortgage Services, LLC toll free at (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time. You may also visit our website at https://carringtonms.com/.

April 27, 2016 ORIGINAL response SENT VIA regular mail [redacted]             RE:      Loan...

No.:                       [redacted]                         Complaint No.:              [redacted]                         Borrower:                       [redacted]                         Co-borrower:                  [redacted]                         Property Address:          [redacted] Dear Mr. & Mrs. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on March 31, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry. As we understand your complaint, you state that you called CMS to inquire about the increase in your monthly escrow payment and that the representative who assisted you during the phone call was unable to answer all of your questions. You asked to be transferred to a supervisor and you allege that the phone call was terminated. As a result, you believe that CMS’s actions and servicing of your loan are unprofessional. Consequently, your desired resolution is for CMS’s Escrow Department to provide you with a detailed explanation with regard to your escrow analysis and new monthly escrow payment. As a preliminary matter, please be advised that the Real Estate Settlement Procedures Act (“RESPA”) requires that an escrow analysis be completed within sixty (60) days following the effective date of a service transfer. On this particular account, our servicing notes indicate that your loan was transferred from [redacted] (“[redacted]”) to CMS on April 2, 2015; thus, an escrow analysis needed to be completed on or before June 2, 2015. Furthermore, it is important to note that the analysis of your escrow account does not impact your interest rate of 5.375% or your monthly principal and interest payment in the amount of $1,094.16. On May 27, 2015, our records indicate that CMS completed the first escrow analysis on your account and sent you an Annual Escrow Account Disclosure Statement (“AEADS”). For your reference, attached hereto as Exhibit “A” please find a copy of the May 27, 2015 AEADS. The purpose of the May 27, 2015 AEADS was to advise you of your projected escrow activity for your escrow cycle beginning August 1, 2015 and ending July 31, 2016. More specifically, the AEADS projected that your yearly city taxes would be $1,709.62, your yearly school taxes would be $4,189.09, your yearly Federal Housing Administration (“FHA”) mortgage insurance premium would be $984.84, and that your yearly homeowners insurance premium would be $876.00. Correspondingly, the total disbursements for your escrow cycle beginning August 1, 2015 and ending July 31, 2016 were calculated to be $7,759.55, which if spread over a twelve (12) month period is equal to approximately $646.62 every month. Please note that a mortgage servicer is permitted by law to collect an escrow cushion. An escrow cushion is a minimum amount of money held in your escrow account to prevent the escrow balance from being overdrawn. The reason that escrow cushions are permitted is that, from time to time, payments for escrow items may become due in excess of funds available in your escrow account. Because escrow items remain your responsibility, lenders are permitted to collect a cushion in case payments due for such items exceed available funds. Specifically, RESPA authorizes a maximum escrow cushion not to exceed 1/6th (i.e., up to two (2) months of escrow payments) of the total annual projected escrow disbursements made during an escrow cycle over twelve (12) months, unless state law allows for a lesser amount. Additionally, when the escrow balance reaches its lowest point during the escrow cycle, that balance is targeted to be the 1/6th escrow cushion amount. If you want to have a better understanding of RESPA, escrow accounts, and your rights as consumers, 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 the escrow cycle beginning August 1, 2015 and ending July 31, 2016. Please note that CMS will only collect 1/6th of your total projected escrow disbursement for your yearly city taxes, your yearly school taxes, and your yearly homeowners insurance premium. CMS does not include the disbursement for your yearly FHA mortgage insurance premium in the collection of the 1/6th monthly escrow cushion amount. Correspondingly, the total escrow cushion that CMS may collect is $1,129.10, which represents approximately two (2) months of escrow payments. Based on the calculations from the May 27, 2015 AEADS, your low point escrow balance was    -$613.20. As a result, in order to reach a low point escrow balance of $1,129.10, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $1,742.30. Please note that the 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 by $154.01, from $1,731.96 to $1,885.97. On March 18, 2016, CMS reanalyzed your escrow account. It is important to understand that CMS reanalyzed your escrow account pursuant to the regular escrow analysis schedule for your state. For the State of New York, CMS performs an escrow analysis on March of each year. Based on the calculations from the March 18, 2016 AEADS, your projected escrow activity for your escrow cycle beginning May 1, 2016 and ending April 30, 2017 were calculated to be $9,039.96. More specifically, the AEADS projected that your yearly city taxes would be $2,070.22, your yearly school taxes would be $5,127.50, your yearly FHA mortgage insurance premium would be $966.24, and that your yearly homeowners insurance premium would be $876.00, which if spread over a twelve (12) month period is equal to approximately $753.33 every month. While your projected yearly homeowners insurance premium did not change from the original escrow analysis, please note that your yearly city and school taxes did change. Specifically, your city taxes increased by $360.60, from $1,709.62 to $2,070.22, and your school taxes increased by $938.41, from $4,189.09 to $5,127.50. For your reference, attached hereto as Exhibit “B” please find a copy of the March 18, 2016 AEADS. On the March 18, 2016 escrow analysis, your low point escrow balance was -$392.21. As a result, in order to reach a low point escrow balance of $1,345.62, the allowed 1/6th escrow cushion, CMS needs to collect an escrow shortage in the total amount of $1,737.83. Please note that the escrow shortage will be collected over a twelve (12) month period starting with your May 1, 2016 payment. Resultantly, that is the reason why your overall monthly mortgage payment increased by $106.33, from $1,885.97 to $1,992.30. As of the date of this correspondence, your payment history reflects that your loan is paid through May of 2016. The next payment due is scheduled to be paid on June 1, 2016 in the amount of $1,992.30. 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. Finally, CMS sincerely apologizes for any perceived unprofessional customer service you believe you may have received from our representatives. Rest assured that CMS strives to accommodate all reasonable customer expectations and resolve all customer requests as timely as possible.  Based on the foregoing investigation and review of your account, we find no evidence of wrongdoing on CMS’s behalf. While we understand you would have preferred a different outcome, we respectfully submit that the collection of the escrow cushion is permitted by law and common within the mortgage industry. Therefore, CMS will continue to comply with federal law and collect the allowable escrow cushion. Nevertheless, please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you want to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [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]: New York City Department of Consumer Affairs License Number 1264739 This Collection agency is licensed by the City of Buffalo license numbers: 555177 & 555176 City of Yonkers Debt Collection Agency License Number: 9717 For New York residents: You may file complaints about CMS with the New York State Department of Financial Services. You may obtain further information from the New York State Department of Financial Services by calling the Department’s Consumer Assistance Unit at [redacted] or by visiting the Department’s website at [redacted]. Carrington Mortgage Services, LLC is registered with the Superintendent of the New York State Department of Financial Services.

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[redacted]             [redacted]   Dear Ms. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on December 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 the complaint, you state that although the servicing of your loan was transferred to CMS on December 2, 2016, as of December 8, 2016, you still had not received a Welcome Letter or mortgage statement from CMS.  After contacting CMS about your concerns, you were notified that CMS did not send you a mortgage statement due to the status of a bankruptcy proceeding you filed.  You were advised that it would be necessary for you to submit a written request to CMS in order to have monthly mortgage statements issued to you.  You state that you sent such request to CMS; however, you still have not received a welcome letter or a mortgage statement from CMS.  The resolution you desire is for CMS to mail a welcome package to you and to begin sending mortgage statements to you on a monthly basis.    As you know, the servicing of your Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] N.A. (“[redacted]”) to CMS on December 2, 2016.  On December 7, 2016, CMS issued a Notice of Servicing Transfer (“Hello Letter”) notifying you of the service transfer to CMS.  Please be advised that the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC § 2605(c) requires such notice to be made not more than fifteen days after the effective date of the service transfer.  Taking this requirement into consideration along with the fact that the Hello Letter was mailed to you on December 7, 2016, CMS respectfully submits that it is reasonable that the Hello Letter may not have been delivered to you on or before the date your complaint was filed.   Please note that shortly after the December 7, 2016 Hello Letter was issued, CMS identified that the letter contained an inadvertent typographical error showing an incorrect transfer date of October 2, 2016.  Accordingly, a corrected letter was sent to you on December 16, 2016 that acknowledged the typographical error and provided you with the correct service transfer date of December 2, 2016.  CMS would like to point out that this correction letter was also sent to you within the aforementioned fifteen day timeframe.  Nevertheless, please accept our sincere apologies for any inconvenience or confusion the December 7, 2016 Hello Letter may have caused you.   A review of our records found that you filed for protection under a Chapter 7 Bankruptcy, case number 13-27866 on October 30, 2013.  On February 10, 2014 the courts granted your request to discharge all secured and unsecured debts listed on your original petition.  As you did not reaffirm the mortgage debt prior to obtaining the discharge, you were no longer personally liable to repay the discharged debt; however, the discharge did not extinguish the lien on the subject property.  As such, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.   As you may know, CMS is prohibited by law from attempting to collect a debt that has been discharged in bankruptcy.  For that reason, CMS suppressed the mailing of monthly mortgage statements in case such statements might be considered as an attempt to collect the discharged debt.  CMS permits the sending of monthly statements to a borrower in such circumstances when the borrower specifically submits a signed written request to receive mortgage statements from CMS.   On December 8, 2016, you contacted CMS to inquire as to the reason you had not received a monthly mortgage statement.  During that call, the CMS representative notified you of CMS’s practice to suppress the mailing of monthly mortgage statements on loans that had been discharged in bankruptcy.  The CMS representative further informed you that CMS would be happy to send monthly mortgage statements to you upon receiving a signed written request from you.   Our records show that on or about December 19, 2016, CMS received your written request to send you monthly mortgage statements.  Accordingly, that request was sent to the Bankruptcy Department for review and on December 20, 2016, your loan was updated to begin sending monthly mortgage statements to you.  That same day, CMS sent the attached monthly mortgage statement to you via regular mail.   Please note that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.   Based on the foregoing, we believe the record is clear that CMS provided you with all the loan service transfer information within the timeframe required under applicable law.  Upon receipt of your written request, CMS began sending monthly mortgage statements to you.  Again, we sincerely apologize if the servicing transfer of your loan has caused you any unnecessary concern, or inconvenience.  If you wish to contact CMS regarding the administration of your loan or if you have any specific loan servicing concerns, you may contact our Customer Service Department at (800) 561-[redacted], Monday through Friday, form 8:00AM to 8:00PM, Eastern Time.    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] H. [redacted] Customer Advocate   CC:  Revdex.com

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...

[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 July 27, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that CMS does not allow you to make additional payments towards your principal or escrow balance via its online payment website. You go on to say that you called CMS and a representative advised you to mail a check or do a pay-by-phone payment to make an additional payment towards your principal or escrow balance. Additionally, you believe that CMS is deliberately limiting your ability to make additional payments towards your principal balance and pay off your loan earlier. Consequently, your desired resolution is for CMS to allow you to make payments towards your principal or escrow balance via the website and without the need to contact a CMS representative, mail a check, or pay-by-phone.
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 next due for the May 1, 2015 payment.
As you may recall, you called the [redacted] Department on July 24, 2015 and I personally spoke with you. During our phone conversation, you expressed your concern with your inability to make your regular monthly payment and an additional payment towards your principal or escrow balance. You further explained that CMS’s online payment website would only accept a payment for the total amount due with no option to pay an additional amount towards your principal or escrow balance. I acknowledged your concern and advised you that I would further investigate your inquiry and provide you a response as soon as I received an update.
Furthermore, during this same phone conversation, I advised you to attempt to make your August 1, 2015 payment and an additional payment towards your principal or escrow balance on or after the due date. As you may recall, I explained that CMS had recently launched the online feature that allows payments towards the principal or escrow balance and that I was not certain if our system analysts had encountered any glitches or network complications with the feature. Resultantly, you acknowledged my explanation and said you would attempt to make your monthly mortgage payment on or after August 1, 2015.
That said, our records indicate that we received an online payment from you on August 4, 2015 in the amount of $1,691.00. Of that total amount, $1,266.77 was applied to your August 1, 2015 payment and $424.23 was applied towards your principal balance. 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.
As of the date of this correspondence, CMS is happy to confirm that you have the ability to make your monthly mortgage payment and an additional payment to your principal or escrow balance via CMS’s online payment website on or after the monthly payment due date. If you want to make your monthly mortgage payment before the due date you may also submit your payment via the online payment website. If you want to make your monthly mortgage payment and an additional payment to your principal or escrow balance before the due date, please note you will only be able to pay the total amount due for the monthly mortgage payment and you may submit an additional payment towards your principal or escrow balance the following business day not to exceed the amount of $1,000.00 by entering that specific amount under the “other” category on the online payment website. Lastly, you also have the ability to make a payment towards your principal balance by mailing a personal or bill pay check not to exceed the amount of $10,000.00. If you want to make a payment towards your principal balance greater than $10,000.00, please make certain to send certified funds such as a money order or cashier’s check.
We acknowledge that as a former customer of [redacted] you may have been accustomed to different online features. CMS strives to satisfy all reasonable customer expectations, and therefore we are actively pursuing to expand on the current online feature parameters.
Moreover, contrary to your notion that CMS does not allow customers to pay an additional amount to the principal or escrow balance, please note that CMS does offer an auto draft payment option with that functionality. The auto draft payment option provides you with the ability to choose the date or frequency you want CMS to draft your monthly payment, including the ability to add any desired additional principal amount or additional escrow amount to the monthly principal and interest payment. For your reference, attached hereto as Exhibit “B” please find a copy of CMS’ Auto Draft Authorization (“ADA”) form.
Please further note that a copy of the ADA form may also be found on our website along with all other available payment options and applicable fees (if any) by visiting https://carringtonms.com.
If you are interested in enrolling in auto draft, the complete, original form may mailed to Carrington Mortgage Services, LLC, [redacted] or a scanned copy can be faxed to [redacted].
Based on the foregoing, we find no evidence of wrongdoing on CMS’s behalf. While we understand your frustration with the current online feature parameters, CMS does offer an alternate and convenient payment option that allows you to pay any desired additional amount towards your principal or escrow balance.
In closing, your loan is contractually current and due for the September 1, 2015 payment in the amount of $1,266.77. 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.
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 19, 2015
[redacted]
[redacted]
[redacted]  [redacted]
RE:      Loan No.:                    [redacted]
Complaint ID No.:     ...

[redacted]
Property Address:       [redacted]  [redacted]
Dear Ms. [redacted];
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on September 22, 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 made a payment on July 1, 2015 payment that you made to CMS using your personal bank account bill pay system, but the payment has not been credited to your loan.  You go on to say that you have called CMS to address this matter and have not been successful in obtaining a resolution.  In addition, you state that you have left a message for the CMS Supervisor but as of the date of your complaint you have not received a return call.  You also claim that CMS mishandled your payments for May 2015 and June 2015, but corrected your account after you provided proof of your payments.
Upon review, our records show that our Research Department previously received an inquiry from you which raises the same issues as this current complaint.  Accordingly, CMS researched the loan and a response was sent to you on August 21, 2015.  For your ease of reference, attached hereto please find a copy of CMS’s response dated August 21, 2015.  It is important to note that in the August 21, 2015, correspondence, CMS informed you that CMS had not received the July1, 2015 payment.
Subsequently, on September 21, 2015 you called CMS and spoke to CMS Representative [redacted]. During this call you informed Ms. [redacted] that you had sent your July 1, 2015 payment via your bill pay from your personal bank account on July 1, 2015, and indicated that CMS needed to process this payment and credit your loan.  Ms. [redacted] informed you that CMS could not process the aforementioned payment because it had not been received by CMS at that time.  Ms. [redacted] suggested that you cancel the payment and replace the payment.  You indicated that, in your view, the error was on CMS’s end and therefore CMS needed to process the payment and resolve the issue.  At that time you requested to speak to a Supervisor; however a Supervisor was not available. For that reason, and at your request, the call was transferred to the Supervisor’s voice mail box to leave a message for a return call.
Thereafter, CMS received two payments from you.  The first payment was received on October 8, 2015, in the amount of $630.00, check number [redacted].  This payment was applied to your September 1, 2015 payment in the amount of $628.70 and the remaining $2.30 was held in suspense, bringing the total of funds held in suspense to $6.90.  The other payment was received on October 10, 2015, in the amount of $677.03, check number 1051. This payment was combined with the funds in suspense in the amount of $6.90, and applied to the October 1, 2015 payment in the amount of $642.93, with $21.40 applied to late fees and $15.00 to a property inspection fee. As of the date of this letter your loan is current and due for November 1, 2015.  Below is a payment summary with payment transactions from February 1, 2015 through October 10, 2015 for your ease of reference.

Payment Summary
Date Payment Received & Applied
Amount of Payment Received
Applied to Monthly Payment
Applied to Principal
Applied to Interest
Applied to Escrow
Applied to Late Fee
Property Inspection Fee
Applied to/from Suspense Account
Suspense Account Balance
Next Payment Due
02/25/15
649.10
02/01/15
160.20
374.96
92.54
21.40
03/01/15
03/12/15
630.00
03/01/15
160.83
374.33
79.84
15.00
15.00
04/01/15
03/23/15
From Suspense
2.30
12.70
(15.00)
0.00
04/06/15
630.00
04/01/15
161.48
373.68
92.54
05/01/15
04/06/15
2.30
05/15/15
630.00
05/01/15
162.13
373.03
92.54
06/01/15
05/15/15
2.30
06/01/15
100.00
100.00
06/15/15
530.00
530.00
530.00
08/03/15
630.00
06/01/15
163.17
371.99
92.54
2.30
532.30
07/01/15
08/10/15
Reverse Payment
(06/01/15)
(163.17)
(371.99)
(92.54)
627.70
1,160.00
06/01/15
08/10/15
Reverse Payment
(100.00)
100.00
1,260.00
08/10/15
From Suspense
06/01/15
162.78
372.38
92.54
(627.70)
632.30
07/01/15
2.30
(2.30)
630.00
08/10/15
From Suspense
07/01/15
163.43
371.73
92.54
(627.70)
2.30
08/01/15
09/08/15
630.00
08/01/15
164.08
371.08
92.54
2.30
4.60
09/01/15
10/08/15
630.00
09/01/15
164.73
370.43
92.54
2.30
6.90
10/01/15
10/10/15
677.03
10/01/15
165.38
369.78
107.77
34.10
41.00
11/01/15
From Suspense
4.60
21.40
15.00
(41.00)
0.00
 
Based on the foregoing, we conclude that CMS has applied your payments promptly upon receipt and in accordance with the established policy and procedures and in compliance with applicable laws and regulations.  It is important to note that CMS is unable to process and negotiate a payment without receipt of the payment whether by check or electronic transmission.  Nevertheless, we acknowledge that CMS missed an opportunity to have you speak with a CMS Supervisor to address your concerns with the July 1, 2015 missing payment, and we would like to take this opportunity not only to express our sincere apologies for the 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.
In closing, CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint.  You may contact CMS regarding the administration of this loan and may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time.  In addition, you can also send written correspondence including inquiries and complaints about his mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax his correspondence to [redacted].
We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
[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 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].
North Carolina:
Carrington Mortgage Services, LLC is licensed under the North Carolina Agency Permit No. 102107 & 103455 and North Carolina Secure and Fair Enforcement Mortgage Licensing Act. [redacted].

The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is inreceipt of a complaint filed with the Revdex.com regarding the above-referenced loanreceived in our office via email on November 25, 2014. CMS is committed to responsiblelending and servicing and we would...

like to address any concerns you may have. The followingis our response to the issue(s) raised in the inquiry.Please note that the servicing of this Federal Housing Administration ("FHA") insured loan wastransferred from [redacted] N.A. ("JPMC") to CMS on or about December 3, 2013.Attached for your ease of reference is a copy ofthe December 4, 2013 Notice of Service Transfer("Hello Letter") issued by CMS that notified you of the service transfer.At the time of the service transfer, the loan was current and showing due for the December 1,2013 payment in the amount of $738.31. This payment was made up of a principal and interestpayment of $591.96 and a monthly escrow collection in the amount of $146.35 which included amonthly [redacted] ("MI") premium collection in the amount of $35.76.A review of our records shows that prior to the service transfer to CMS, you filed for protectionunder a Chapter 13 Bankruptcy, case number 13-[redacted] on March 14, 2013. On August 30, 2013the courts confirmed your bankruptcy plan. As of the date of this letter, your bankruptcy caseremains open and active.It is important to note that, while CMS began servicing the loan as of December 3, 2013, theReal Estate Settlement Procedures Act ("RESP A") at 12 USC 2605( d) prevents CMS fromtreating any payment as late for any purposes until the expiration of sixty days after the effectivedate of the servicing acquisition. This sixty day period is specifically intended to allow theacquiring servicer the necessary time to receive the acquisition file from the prior servicer and toensure the records of the acquiring servicer reflect the correct loan information.On February 3, 2014, which was within sixty days of the service transfer, CMS completed ananalysis of your loan as required under RESPA guidelines. This escrow analysis determined thatyour loan contained an escrow shortage in the amount of $176.73. CMS was not provided with acopy of the prior servicer's most recent escrow analysis to assist you in determining thepreviously projected escrow disbursement amounts by your previous loan servicer. The escrowanalysis projected annual property taxes due in the amount of $654.34, annual hazard insurancepremium of$719.00 and a monthly mortgage insurance premium of$35.76.The escrow shortage of $176.73 was spread over twelve months and resulted in a paymentincrease from $738.31 to $756.88 (principal and interest of $591.96, monthly escrow collectionof $150.20, and a monthly escrow shortage collection of $14. 72), effective with the April 1, 2014payment.On March 10, 2014, CMS received documentation from you wherein your bankruptcy attorney'soffice, [redacted], LLC, notified CMS that you were being represented by an attorney. Pleasenote that, pursuant to the Fair Debt Collections Practices Act ("FDCPA"), CMS immediatelyupdated your loan with a cease and desist flag which halted all direct communication with you.That same day, CMS issued the attached letter notifying your bankruptcy attorney that CMS'sloan servicing system was updated to cease all telephone communication with you and that CMSwould direct all future written correspondence directly to your bankruptcy attorney's office. Inaddition, CMS notified your bankruptcy attorney that, moving forward, CMS would no longerissue you monthly mortgage statements or written correspondence with the exception of noticesthat are required to be sent to you under applicable law.On April 9, 2014, CMS disbursed your annual hazard insurance premium in the amount of$1,194.00 for the policy covering the period from May 10, 2014 to May 10, 2015, which was$475.00 more than the projected hazard insurance premium of $719.00. On April 25, 2014,CMS disbursed $361.61 for the payment of your May 2014 property taxes. On June 30, 2014,CMS completed an analysis of your loan along with the state mass analysis cycle for the state ofIndiana.This new analysis found that, due to the increase of the actual payments for both the propertytaxes and hazard insurance, your base monthly escrow collection increased from $150.20 to$195.52. In addition, this new escrow analysis determined that your loan contained a newescrow shortage in the amount of $953.71. This escrow shortage was spread over twelve monthsand resulted in an increase to your mortgage payment from $756.88 to $866.95 (principal andinterest of $591.96, monthly escrow collection of $195.52, and a monthly escrow shortagecollection of $79.4 7), effective with the September 1, 2014 payment.On November 14, 2014, CMS received your written request to spread the escrow shortage over athirty six month period to reduce your monthly payments. On November 17, 2014, CMScompleted a new escrow analysis of your loan based upon your request. This new escrowanalysis determined that your escrow account contained a shortage of $819.46 which was spreadover thirty six months.This resulted in a decrease of your monthly mortgage payment from $866.95 to $810.00(principal and interest of $591.96, monthly escrow collection of $195.00, and a monthly escrowshortage collection of$23.04), effective with the November 1, 2014 payment. As of the date ofthis letter, your loan is contractually current and showing due for the December 1, 2014 payment.On November 18,2014, you contacted CMS and expressed your dissatisfaction with the fact thatCMS was not directly contacting you or sending you monthly mortgage statements. When youspoke to the CMS representative you also voiced concerns that CMS was refusing to do businesswith you. You provided the CMS representative with your contact information and verballyrequested that CMS begin communicating with you directly.On November 19, 2014, CMS received your written request to remove the cease and desist flagfrom your loan and to update the mailing address to reflect the property address as well asupdated your phone number of ###-###-####. Accordingly, CMS updated our loan servicingsystem to resume direct contact with you that same day and issued you the attached letternotifying you that the cease and desist flag was removed from your loan. Also attached is a copyof the November 24, 2014 mortgage statement that was issued to you to show that CMS is nowsending you mortgage statements.Upon receipt of your complaint, CMS has completed a thorough review of your loan anddiscovered that in addition to notifying CMS of your legal representative, the above referenceddocument dated March 10, 2014 also authorized CMS to directly communicate with youregarding matters surrounding a loan modification, automatic mortgage payments, receivingmortgage statements, or other matters. We are able to confirm that, due to a clerical error, CMSinterpreted this document as notice of legal representation which led to the cease and desist flagbeing placed on your loan. We sincerely apologize for any inconvenience you may haveexperienced due to the inadvertent clerical oversight.In response to your understanding that Wells Fargo Bank owns CMS, please be advised thatWells Fargo Bank does not own CMS. Please note that the current investor/note holder of theloan is: Carrington Mortgage Services, LLC as the issuer on behalf of Ginnie Mae. CMS is thecurrent servicer of this loan on behalf of the investor/trustee with rights to enforce the terms ofthe security instrument and collect on the debt. The investor/note holder may be contactedthrough CMS at PO Box 54285, Irvine, CA 92619-4285 or by telephone at ###-###-####.Finally, if you are experiencing financial difficulty and would like assistance in retaining thesubject property, we encourage you visit our borrower portal online atwww.cmsborroweroortal.com to learn more about the program options and to upload thedocuments electronically. Your complete mortgage assistance application package may be sentto CMS via fax at ###-###-#### or via email at [email protected] on the foregoing, we believe the record is clear that CMS has properly managed yourescrow account and has diligently assisted you in reducing your monthly mortgage payment byspreading the recent escrow shortage collection over thirty six months. Should you wish tofurther discuss any aspect of your loan, we encourage you to contact our Bankruptcy Departmentat ###-###-#### 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 ###-###-####, Monday throughFriday, 8:00AM to 5:00PM, Pacific Time. Sincerely,[redacted]Customer Advocate

March 24, 2016
Sent via the Revdex.com Portal and U.S. Mail: [redacted]
Dear Ms. [redacted],
The Customer...

Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) and received in our office on February 29, 2016. CMS is committed to responsible lending and servicing, and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
At the outset, please note that the Customer Advocacy Department originally received your inquiry filed with the Consumer Financial Protection Bureau (“CFPB”) and received in our office on February 26, 2016. That inquiry raised the same issues as this complaint. Accordingly, CMS researched the issues raised and a response is being issued concurrently with this response. For your convenience, we have enclosed a copy of the CFPB Response Letter dated March 24, 2016.
The information contained in this letter is for informational purposes only and is not to be construed as an attempt to collect on a debt.
We trust that this communication addresses all of your concerns noted in the complaint. Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may have. We can be reached at (866) 874-5017 Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted] Customer Advocate
CC Via U.S. Mail and Email:
A. [redacted]
[redacted] & [redacted] Bankruptcy@[redacted]firm.com
Enclosures:
CFPB Response Letter dated March 24, 2016
March 24, 2016
Sent via the CFPB Portal and U.S. Mail:
[redacted]
RE: Case Number: [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 Consumer Financial Protection Bureau (“CFPB”) and received in our office on February 26, 2016. CMS is committed to responsible lending and servicing, and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you claim that CMS misrepresented that it would postpone a foreclosure sale and work to modify your loan. You state that you recently spoke with CMS and were reassured that your application for a loan modification was in review. On or about February 26, 2016, you received a missed telephone call from CMS and did not receive a voice message. When you returned the call, you claim that a CMS representative advised that your modification was not approved and that a foreclosure sale was set for March 1, 2016. You claim that the CMS representative was not courteous to you. In particular, you state that this CMS representative advised that you did not have enough income to qualify for a modification and should not make the effort to reapply for a modification. In addition, you claim that this CMS representative advised that you should not attempt a short sale. You would like to receive assistance pursuing alternatives to foreclosure.
At the outset, please note that the Customer Advocacy Department also received an inquiry from you filed with the Revdex.com and received in our office on February 29, 2016. That inquiry raised the same issues as this complaint. The Customer Advocacy Department will address both complaints concurrently with this response.
Our records indicate that this Federal Housing Administration (“FHA”) insured loan originated on or about August 26, 2008 for $138,953.00. Enclosed is your Note and Security Deed both dated August 26, 2008. As you may be aware, the servicing of the loan transferred from [redacted] to CMS on or about August 1, 2014. Enclosed is the August 12, 2014 Notice of Servicing Transfer (“Hello Letter”) advising you of the transfer to CMS. At the time of the servicing transfer, your loan was past-due for the July 1, 2011 payment.
We note that you filed for a Chapter 7 Bankruptcy in the U.S. Bankruptcy Court Northern District of [redacted]. Your bankruptcy discharge on or about March 5, 2013 did not include a reaffirmation of your mortgage debt. A bankruptcy discharge of a mortgage debt eliminates the personal liability for that debt. Although you are no longer personally liable for the mortgage debt, the discharge did not extinguish the enforceability of the Note or Security Deed, or extinguish the lien on the subject property. The lender may still foreclose on the mortgaged property if mortgage payments are not received pursuant to the terms within the Note. Due to the loan’s delinquent status, CMS referred the property for foreclosure on May 6, 2015.
On or about August 27, 2015, we received a hardship package from you. After completing our initial review, we determined that your hardship package was complete and requested a loss mitigation foreclosure hold. Enclosed is a copy of the Complete Package Acknowledgement Notice dated August 29, 2015, advising you that additional documentation might be needed before CMS reviewed your loan for loss mitigation options. After the package was forwarded to our underwriters, your application was to be reviewed for available options under FHA-HAMP. The FHA-HAMP review process follows the United States Department of Housing and Urban Development (“HUD”) guidelines that govern FHA loans.
HUD sets forth strict guidelines regarding allowable loss mitigation options that require CMS to review loans in a specific order known as the “FHA Waterfall.” The order of the FHA Waterfall as directed in the HUD Mortgagee Letter 2012-22 is as follows: Forbearance Plan, Loan Modification, FHA-HAMP Loan Modification, Short Sale and Deed in Lieu of Foreclosure (“DIL”).
Before the underwriters could complete the FHA Waterfall review, they reviewed a title report and found an unpaid lien recorded on October 23, 2014 by [redacted] Homeowner’s Association, Inc. (“HOA”). CMS could not approve you for a loan modification while the HOA lien was of record because CMS would be required to record a modified mortgage if a permanent modification was implemented. Since the modified mortgage would record after the HOA lien, your modified mortgage would be subordinate to the HOA lien. In addition, a recent HOA statement showed an unpaid balance. On September 30, 2015, we sent you the enclosed Incomplete Package Notice, advising you that we would need to receive a recorded Satisfaction of Lien and an HOA statement showing a zero balance on or before October 30, 2015.
On October 1, 2015, a Single Point of Contact (“SPOC”) group representative placed a courtesy call to advise you of the incomplete file. The representative did not leave a message because she did not want her message to be misinterpreted as an attempt to collect on a debt. Later the same day, you returned the telephone call and a SPOC representative advised you that you would need to provide a recorded Satisfaction of Lien and an HOA statement showing a zero balance in order for CMS to continue the modification review. The representative also explained that if your HOA dues were included in your bankruptcy discharge, you might want to consult with your bankruptcy attorney to determine what to do next.
On October 13, 2015, a SPOC group representative generated a second courtesy call to remind you that CMS had not received the Satisfaction of Lien or an HOA statement showing a zero balance. The same day, you returned the telephone call and a SPOC representative advised you that we had not received the Satisfaction of Lien. In response, you indicated that you were trying to contact the HOA and had not received a response from them.
On October 19, 2015, a SPOC group representative placed a third courtesy call to determine if you would be able to provide the satisfaction of lien. In response, you stated that you were trying to reach the HOA to satisfy the lien but the HOA had not responded. In return, the representative advised you that CMS would need to receive a copy of the Satisfaction of Lien no later than October 30, 2015 or you would have to reapply for mortgage assistance.
On October 27, 2015, a SPOC group representative generated a courtesy call to determine the status of the missing documents. In response, you indicated that you had been unable to get a hold of the HOA or the HOA’s attorney. The representative concluded the telephone call by reminding you of the October 30, 2015 deadline to provide the Satisfaction of Lien and HOA statement reflecting a zero balance.
On November 3, 2015, we sent you the enclosed Non-Approval Notice because the satisfaction of lien was not received on or before the October 30, 2015 deadline. The same day, CMS removed the loss mitigation foreclosure hold. A SPOC group representative subsequently placed courtesy calls to advise you of the non-approval decision on November 4, 2015, November 13, 2015, and November 19, 2015. However, the representative could not reach you during these calls.
On or about December 18, 2015, the foreclosure attorney scheduled a foreclosure sale for March 1, 2016.
On or about January 19, 2016, you contacted CMS and indicated that you would submit another mortgage assistance application. We received your hardship package on January 29, 2016. On February 1, 2016, we completed a review of your hardship package and determined that your hardship package was complete. A foreclosure hold was requested the same day. On February 2, 2016, we sent you the enclosed Complete Package Notice. Next, your file was forwarded to our underwriters, who ordered tax transcripts and a title report.
On February 22, 2016, you called to determine the status of your modification review. The CMS representative advised you the file was being reviewed by the underwriters and to allow up to thirty days for the review to be completed. The representative also explained that CMS was postponing the March 1, 2016 foreclosure sale because the modification review was ongoing. Later the same day, an underwriter received the title report and reviewed it. Unfortunately, the HOA lien was still on title and a recorded Satisfaction of Lien had not been received. Due to a policy change to ensure a timely underwriting review and decision, Home Retention was no longer issuing an Incomplete Package Notice for files affected by title issues.
On February 23, 2016, we sent you the enclosed Non-Approval Notice, advising you that we could not offer a loan modification because the HOA lien was unreleased from title. As indicated above, we cannot offer a permanent modification which would cause your mortgage to become subordinate to another lien.
Although the underwriter was unable to approve your application due to the unpaid HOA lien, the underwriter still reviewed your loan for available options under the FHA Waterfall. Unfortunately, you did not qualify for any available options. You did not qualify for Forbearance because the loan was more than twelve months delinquent. Per HUD Mortgagee Letter 2002-17, the total loan delinquency cannot exceed twelve months’ worth of payments. Furthermore, you did not qualify for a loan modification because your surplus income needed to be at least $300.00 and greater than 15% of your net income.
In addition, you did not qualify for a short sale under the Pre-Foreclosure Sale (“PFS”) streamline program which would have provided you with an opportunity to market the property. However, this program is not available when a foreclosure action has been filed. Since you did not qualify for the PFS streamline program, you were not eligible for a deed-in-lieu of foreclosure (“DIL”). Per HUD guidelines, completion of the PFS streamline program is a prerequisite to being reviewed for a DIL.
On February 24, 2016, CMS submitted a request to postpone the March 1, 2016 foreclosure sale.
On February 24, 2016 and February 26, 2016, a Home Retention specialist attempted to reach you to explain the non-approval decision. However, the specialist could not reach you during either attempt.
On February 26, 2016, you returned CMS’s telephone call. During this call, you claim that a representative advised you that you should not make the effort to reapply for a modification because you did not have enough income to qualify. After reviewing our call recordings, we respectfully disagree. The Home Retention specialist explained that CMS could not approve you for a loan modification due to the unreleased HOA lien and because you did not qualify under the FHA Waterfall. The representative explained that you would not have qualified for a loan modification because you did not have enough surplus income under HUD guidelines. The representative advised you that she was providing this information so that you could make an informed decision regarding whether to reapply for a loan modification.
You also claim that this representative advised you that you should not attempt a short sale. After reviewing our call recordings, we respectfully disagree with this assertion. When you asked the representative what would happen now that your modification was not approved, the representative stated that you could reinstate the loan. In response, you indicated that you did not have the funds to reinstate the loan and asked if any other options were available. The specialist advised you that you could complete a short sale but cautioned that you might not have time to complete a short sale if a foreclosure sale was pending. The specialist provided this disclaimer because a short sale offer that qualifies under HUD guidelines must be received at least thirty-seven days prior to a scheduled sale.
For more information about short sale offer requirements or to submit a valid short sale offer, we encourage you to contact our Short Sale Department. Our Short Sale Department can be reached via telephone at (888) 507-6489, Monday through Friday, 10:00 AM through 8:00 PM, Eastern Standard Time.
Next, the representative reviewed your account and determined that a foreclosure sale was scheduled for March 1, 2016. The representative advised you that she could not confirm whether the foreclosure sale was postponed and recommended that you could contact the foreclosure attorney to confirm that the sale was being postponed. You concluded the telephone call by indicating that you would contact the foreclosure attorney.
Finally, regarding your assertion that this representative was not courteous during this call, we respectfully disagree. We did not find any indication that this representative raised her voice towards you or that she directed discourteous remarks towards you.
As of the date of this letter, the foreclosure remains on a loss mitigation hold. Once the hold is removed, the foreclosure attorney will schedule a new sale date and provide you with notice via U.S. Mail. If you would like to contact the foreclosure attorney to determine the status of the foreclosure, you may contact Maria Walker at Pendergast & Associates. Ms. Walker can be reached at (770) 392-0303, Monday through Friday, 11:00 am through 5:00 pm, Eastern Standard Time.
The information contained in this letter is for informational purposes only and is not to be construed as an attempt to collect on a debt.
We trust that this communication addresses all of the concerns noted in your complaint. Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may have. We can be reached at (866) 874-5017 Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
Usman Rana
Customer Advocate
CC Via U.S. Mail and Email:
A. [redacted]
[redacted] & [redacted] Bankruptcy@[redacted]firm.com
Enclosures:
Note and Security Deed both dated August 26, 2008
Notice of Servicing Transfer dated August 12, 2014
Complete Package Acknowledgement Notice dated August 29, 2015
Incomplete Package Notice dated September 30, 2015
Non-Approval Notice dated November 3, 2015
Complete Package Notice dated February 2, 2016
Non-Approval Notice dated February 23, 2016

October 13, 2017     [redacted], **  [redacted]   RE:      Complaint ID:          [redacted]    ...

                    Loan No.:                 [redacted] Property Address:    [redacted], [redacted], **  [redacted]             Dear Ms. [redacted] and Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on September 25, 2017.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand your complaint, you state that CMS has inaccurate information regarding your loan on the CMS website.  In addition, you indicate that when you called CMS to discuss this matter, the CMS representative that you spoke with was not helpful and did not offer you an acceptable resolution.  You therefore express concerns and dissatisfaction with your first customer service experience. At the outset, please note that the servicing of this loan was transferred from [redacted], N.A. to CMS on or about August 16, 2017.  Attached for your ease of reference is a copy of the August 22, 2017 Notice of Service Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer.  At the time of the service transfer the loan was showing due for the September 1, 2017. Upon review, our records show that [redacted] filed for Chapter 7 bankruptcy protection on June 19, 2008, case number 08-24046.  Mr. [redacted] received a discharge of this debt on September 16, 2008.  As a reaffirmation was not filed by Mr. [redacted] prior to obtaining the discharge, Mr. [redacted] is no longer personally liable to repay the discharged debt.  Accordingly, this letter is for information purposes only and is not an attempt to collect a debt from Mr. [redacted].    Please note that, while CMS began servicing the loan on August 16, 2017, the Real Estate Settlement Procedures Act (“RESPA”) at 12 USC 2605(d) prevents CMS from treating any payment as late for any purposes until the expiration of sixty days after the effective date of the servicing acquisition.  This sixty day period is specifically intended to allow the acquiring servicer the necessary time to receive the acquisition file from the prior servicer and to ensure the records of the acquiring servicer reflect the correct loan information.  Included in that process are the reviews and complete post-transfer diligence and escrow analysis that are due within sixty days of the acquired date.    Upon review the records show that you signed on to the CMS website on September 21, 2017, and you updated your mailing address to [redacted], [redacted] PA 15239, and also updated your home and work telephone number.  Accordingly, these changes were updated on the CMS Loan Servicing System the following day.   Upon further review, the records show that you called CMS on the same day, and during this call you expressed concerns with the information published on the CMS website, which shows that your loan is a first lien, whereas you indicate that this loan is a second lien.  Our review of the call indicates that the CMS representative advised you that you would need to send in a written request to have the matter researched; however, you indicated that you should not have to send in a written request to have this issue corrected. We regret that your initial contacts with CMS as your new servicer did not meet your expectations, and we would like to take this opportunity not only to sincerely apologize for any inconvenience that you may have experienced in this matter, but also to thank you for bringing this matter to CMS’s attention.  CMS is always interested in how we may improve service levels, and your feedback is important to us.   In addition, please be advised that CMS is currently in the process of completing its post-transfer diligence.  We appreciate your patience while CMS completes this loan review to insure that the loan type of your loan is accurately reflected on the CMS Loan Servicing System and CMS website. If our diligence confirms that your loan type is displayed incorrectly, please rest assured that we will correct the information in the ordinary course.   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 the borrowers wish to contact CMS regarding the administration of their loan they may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. The borrowers can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O. Box [redacted], [redacted], CA [redacted] or fax your correspondence to ([redacted]) [redacted].   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]) [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely,     [redacted] Customer Advocate   CC:  Revdex.com     IMPORTANT DISCLOSURES     -VERBAL INQUIRIES & COMPLAINTS- For verbal inquiries and complaints about your mortgage loan, please contact the Customer Service Department for Carrington Mortgage Services, LLC, at [redacted] between 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.     -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan.  If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.     -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.     -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.     -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to http://www.[redacted].[redacted]/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at [redacted], or by going to www.consumerfinance.gov/find-a-housing-counselor.     -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.     -SCRA Disclosure- MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].     -NOTICES OF ERROR AND INFORMATION REQUESTS, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to [redacted], or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box [redacted], Westfield, IN  46074.  Please include your loan number on all pages of the correspondence.  You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting the Customer Service Department for Carrington Mortgage Services, LLC toll free at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time. You may also visit our website at https://carringtonms.com/.

April 18, 2016
[redacted]
[redacted]
[redacted]
RE:      Complaint No.:                       [redacted]
Loan
No.:                                [redacted]
Property
Address:                   [redacted], [redacted]
Dear Mr. [redacted]:
The Customer Advocate Department
of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal to
our response to your complaint (the “Rebuttal”) filed with the RevDex.com (“Revdex.com”) and received in our office via email on April 4, 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 Rebuttal,
you claim that CMS adjusted your payment four times within a three month period,
and you believe that these payment adjustments were a direct result of an
over-payment of your taxes and insurance by CMS.  In addition, you claim that you made your
payment as instructed by CMS and the payment was applied to the suspense
account and not towards your monthly payment. Lastly, you claim that CMS is incorrectly
reporting your loan information to the credit agencies, and you request that
CMS remove the derogatory information reported on your loan. 
We regret that you were
dissatisfied with our response to your complaint.  CMS is committed to the highest standards of
customer satisfaction and professionalism, and we take all legitimate
complaints regarding the conduct of our business very seriously.  Although we understand you are not pleased
with the outcome, your complaint was investigated fairly and we believe it was
resolved appropriately. 
Nevertheless, as an expression of
our commitment to the highest standards of customer satisfaction, we would like
to take this opportunity to clarify our response and address any outstanding
concerns in this matter. 
We acknowledge that CMS completed
four escrow analyses on your loan.  The
first escrow analysis was completed on November 20, 2015, as part of the post
service transfer activities as required by Real Estate Settlement Procedures
Act (“RESPA”) at 12 USC 2605(d).  The
second escrow analysis was completed on January 15, 2016, to make the necessary
adjustments to your escrow account due to the county tax refund that had been
credited to your account on December 10, 2015. 
The third analysis was completed on March 3, 2016, per your request to spread
the repayment of the escrow shortage from twelve months to twenty-four months
to help reduce your monthly payment.  The
fourth escrow analysis was completed on March 18, 2015, to adjust the projected
homeowner’s insurance premium to match the updated insurance information received
by CMS, and helped further lowered your monthly payment.    
Additionally, please note that
the reasons for the updated escrow analyses were communicated to you by mail in
the form of an Annual Escrow Account Disclosure Statement (“AEADS”) and by
telephone during conversations that took place on January 11, 2016, January 21,
2016, February 10, 2016 and March 2, 2016. 
More specifically, during the
telephone conversation of January 11, 2016 CMS notified you that the refund from
the county tax collector in the amount of $898.95 had been received by CMS and
credited back to your escrow account on December 10, 2015, and that an updated
AEADS would be forthcoming that would include a payment adjustment due to the
credit to the escrow account. 
Subsequently, on January 15, 2016, CMS sent you the updated AEADS that
informed you your monthly payment had changed from $1,130.09 to $1,055.18
beginning January 1, 2016.  That same
day, CMS received a payment from you in the amount of $895.66, as this payment
was less than the required monthly payment of $1,055.18; this payment was
applied to the suspense account.   
On January 21, 2016, you contacted
CMS and during this call CMS once again informed you that the refund from the
county tax collector in the amount of $898.95 had been received by CMS and
credited back to your escrow account on December 10, 2015.  Additionally, you were informed that an
updated AEADS had been completed and that your new monthly payment amount was
$1,055.18.  Also, you were informed that
your payment received on January 15, 2016 in the amount of $895.66 was short by
$159.52 and, therefore, the payment had been applied to your suspense
account.  During this call you did not
wish to make any arrangements to pay the shortage of $159.52, and you requested
a copy of the AEADS which was sent to you that same day.
On February 10, 2016, you called
CMS and during this call you disputed being late on your loan and indicated
that you have been making your payments on time every month.  The CMS Representative explained that the
payment amount of $895.66 received by CMS was less than a full monthly payment
and, therefore, CMS could not apply this payment to the contractual payment due
until the balance to complete the full payment amount was received.    That
same day, CMS received another payment in the amount of $895.66.  This payment was combined with the funds in
suspense to make a complete payment, which was applied to the January 1, 2016
payment in the amount of $1,055.18, leaving $736.14 in suspense. 
On March 2, 2016, you called CMS
and again inquired about the duplicate tax payment.  The CMS Representative notified you that the
refund from the county tax collector in the amount of $898.95 had been received
by CMS and credited back to your escrow account on December 10, 2015.  You stated that you were having difficulty
making the higher monthly payment, and the CMS Representative recommended having
the repayment of escrow shortage spread over a longer period of time. The
Representative suggested a twenty-four month repayment schedule to help lower
your monthly payment, and you agreed with this recommendation.  On March 3, 2016, an updated AEADS was
completed and sent to you.  This AEADS
informed you that your payment had been reduced from $1,055.18 to $993.58
beginning March 1, 2016.
On March 16, 2016, CMS received
notification of your homeowner’s insurance renewal in the amount of $1,440.06.  This amount is $400.44 lower than the prior
year’s insurance premium of $1,841.50. 
It is important to note that the prior year’s annual homeowner’s
insurance premium is used to project the advances for the following year on
your AEADS.  Therefore, CMS completed an
updated AEADS to change the projected annual homeowner’s insurance amount and lowered
your monthly payment from $993.58 to $948.50 beginning April 1, 2016.
Lastly, we have determined that the information reported to
the major credit agencies properly reflects your payment history and loan
information at this time. Therefore, no
changes are needed.  It is important to
note that CMS is obligated by federal law to provide timely and accurate credit
reporting in regards to the loan status, payment history and loan information.  Additionally, we did not find any evidence to
support your claim that you were informed by CMS to make a payment in an amount
less than a full monthly payment.  Also,
our records show that CMS has not advanced payment for your homeowner’s
insurance as it is not due until May 2016. 
The last homeowner’s insurance advance took place on June 1, 2015 and the
payment was paid by the prior servicer.
Please be advised that pursuant to
Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to
suppress the reporting of loan and payment information to your credit profile
for a period of sixty days after receipt of a qualified written request and/or
a Notice of Error.
We trust that this communication
addresses all of the concerns noted in the complaint.  If you have any further questions, please
contact the undersigned at [redacted], Monday through Friday, 8:00 AM to
5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC:      Revdex.com
-INQUIRIES & COMPLAINTS-
For
inquiries and complaints about your mortgage loan, please contact our CUSTOMER
SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention:
Customer Service, [redacted], or by calling [redacted]. 
Please include your loan number on all pages of correspondence.  The
CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free
and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through
Friday. You may also visit our website at [redacted].
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from
personal liability on the mortgage because of bankruptcy proceedings and have
not reaffirmed the mortgage, or if you are the
subject of a pending bankruptcy proceeding, this letter is not an attempt to
collect a debt from you but merely provides informational notice regarding the
status of the loan.  If you are represented by an attorney with respect to
your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about
your account to credit bureaus. Late payments, missed payments, or other
defaults on your account may be reflected in your credit report.  As
required by law, you are hereby notified that a negative credit report
reflecting on your credit record may be submitted to a credit reporting agency
if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt
collector and it is for the purpose of collecting a debt and any information
obtained will be used for that purpose. This notice is required by the
provisions of the Fair Debt Collection Practices Act and does not imply that we
are attempting to collect money from anyone who has discharged the debt under
the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If
you would like counseling or assistance, you may obtain a list of HUD-approved
homeownership counselors or counseling organizations in your area by calling
the HUD nationwide toll-free telephone number at [redacted] or toll-free
TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or
by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT
NOTICE-
The Federal Equal Credit
Opportunity Act prohibits creditors from discriminating against credit
applicants on the basis of race, color, religion, national origin, sex, marital
status, or age (provided the applicant has the capacity to enter into a binding
contract); because all or part of the applicant’s income derives from any
public assistance program; or because the applicant has, in good faith,
exercised any right under the Consumer Credit Protection Act. The Federal
Agency that administers CMS’ compliance with this law is the Federal Trade
Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA Disclosure-
MILITARY
PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the
military, please contact us immediately. 
The federal Servicemembers Civil Relief Act and comparable state laws
afford significant protections and benefits to eligible military service
personnel, including protections from foreclosure as well as interest rate
relief.  For additional information and
to determine eligibility please contact our Military Assistance Team toll free
at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our
determination.  You may request such
documents or receive further assistance by contacting Carrington Mortgage
Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted], [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 February 18, 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 called CMS to request a Yearly Interest Statement for the 2015 tax year. You state that you spoke with a representative who advised you that CMS had reported the interest to the federal government, but that CMS would not issue you an interest statement. You go on to allege that CMS does not provide borrowers the ability to access past billing statements online. Finally, you claim that you requested to speak to a Supervisor, but were instead transferred to a voicemail. As a desired resolution you request that CMS issue you a Year End Mortgage Interest Statement for the 2015 tax year.At the outset, please note that the servicing of this Federal Housing Administration (“FHA") insured loan was transferred from [redacted] (“[redacted]") to CMS on or about November 4, 2014. On November 8, 2014, a Notice of Service Transfer (“Hello Letter”) was issued notifying you of the service transfer to CMS. We note here that due to an internal processing error this notice listed the year “2013” in error. Therefore, CMS issued you a corrected Notice of Servicing Transfer dated November 19, 2014. At the time of the service transfer your loan was contractually current and showing due for the November 1, 2014 mortgage payment in the amount of $701.03.That said, a review of our records confirms that on October 9, 2015 you requested a Payoff Statement through the CMS Loan Servicing Website (“LSW”). Later on October 12, 2015 CMS issued a Payoff Statement to both [redacted] and you.Later on October 21, 2015 CMS received payoff funds in the amount of $23,640.00. Of the $23,640.00 received, CMS applied $23,501.86 towards the principal balance, $44.07 towards interest, $44.07 towards escrow and $50.00 was applied to the recording fee. Later, on November 5, 2015 CMS issued you a payoff refund in the amount of $1,136.67.On February 17, 2016 you spoke with a CMS representative and requested that CMS provide you with a 1098 interest statement for the 2015 tax year. During this conversation the CMS representative confirmed that because you paid less than $600.00 in interest between the period of January 1, 2015 and December 31, 2015, CMS was under no obligation to issue you a 1098 interest statement. During this conversation you became upset and requested to speak with a Supervisor. The CMS representative explained that you could also submit your request in writing to the Customer Research Department. The CMS representative then transferred your call to a Supervisor. Because the Supervisor was not available, the call was transferred to the Supervisor’s voicemail.A further review of our records found that the total amount of mortgage interest that was paid during the 2015 calendar year was $511.52. Because you paid less than $600.00 of mortgage interest during the 2015 year, CMS is not required to issue you a 1098 Year End Mortgage Interest Statement. While CMS is unable to provide you with tax advice, we encourage you to access the IRS’s 2015 “Tax Information for Homeowners” publication online at [redacted], which outlines the minimum interest paid requirement of $600.00. For your ease of reference, attached is a twenty four (24) month payment history showing amounts paid (including interest paid) during the period in question.Should you have any questions regarding whether you may claim the mortgage interest of $511.52 that was paid to your loan in 2015, we encourage you to consult the tax professional of your choice.It is also important to note that the CMS Loan Servicing Website (“LSW’’) does provide borrowers with access to online payment history, monthly Mortgage Statements, Escrow Account Disclosure Statements, and Year End Interest Statements. Please note that a further review has confirmed that your LSW account is still active and available for your use. If you need assistance accessing your account please contact Customer Service at [redacted].In response to your dissatisfaction with the level of customer service that you received from CMS, CMS has reviewed the loan in detail and is unable to locate any evidence that your phone calls were mishandled in any way. While CMS sincerely regrets that a Supervisor was unavailable to take your call at the exact moment that you requested to speak to a Supervisor, the CMS representative transferred your call to a Supervisor’s voicemail upon your request.Based on the foregoing, we believe the record is clear that CMS has properly serviced your loan and is not required to issue a Year End Mortgage Interest Statement for interest amounts paid under $600.00. Therefore CMS must decline your request for CMS to change our policy in connection with the Year End Mortgage Interest Statements, and respectfully declines to issue you a 2015 interest statement.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

Regarding complaint ID no. [redacted]. This has been resolved. Thank you so much for your help. Have a great daySent from [redacted]Get the new [redacted]

RE:      Loan No.:                    [redacted] Complaint I.D.:           [redacted]...

            Property Address:       [redacted], [redacted], [redacted]                                         ...⇄ Dear Mr. [redacted]: The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on April 4, 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 claim that CMS does not allow additional monthly payments in excess of one monthly payment via the website. You further claim that this is a direct violation of your original loan agreement as you believe CMS is required to provide all the services of the original loan agreement. Finally, you feel CMS is required to allow you to make additional payments, in any amount and at any time. As a preliminary matter, the servicing rights for the above referenced account were originally transferred to CMS from [redacted], [redacted] (“[redacted]”) effective February 4, 2014.   Attached for your ease of reference is a copy of the February 4, 2014 Notice of Servicing Transfer (“Hello Letter”) sent to you by CMS that notified you of the service transfer.  At the time of the service transfer your loan was contractually current and showing due for the February 1, 2014 payment. That said, we are happy to confirm that you do in fact have the ability to make your monthly mortgage payment and an additional payment to your principal or escrow balance via CMS’s Loan Servicing Website (“LSW”) on or after the monthly payment due date. If you would like to make your monthly mortgage payment before the due date, you do have the ability to make your payment via the CMS LSW. If you want to make your monthly mortgage payment and an additional payment to your principal or escrow balance before the due date, please note you will only be able to pay the total amount due for the monthly mortgage payment and you may submit an additional payment towards your principal or escrow balance the following business day not to exceed the amount of $760.44 by entering that specific amount under the “other” category on the online payment website. If you want to make more than the maximum payment allowed, you will need to contact the Customer Service Department at (800) 561-4567 to speak with a Customer Service Representative (“CSR”). The CSR will document the system and assist you in making a check by phone payment. By using this option, you may be assessed a check by phone fee of $15.00.  Furthermore, you also have the ability to make a payment towards your principal balance by mailing a check or bill pay check not to exceed the amount of $10,000.00. If you want to make a payment towards your principal balance greater than $10,000.00, please make certain to send certified funds such as a money order or cashier’s check, including your 10-digit account number or property address. You may send personal checks, bill pay checks, or certified funds directly to Carrington Mortgage Services, LLC Attention: Payment Processing [redacted], [redacted]. In additon, you may visit the LSW for other available payment options and applicable fees (if any) by visiting [redacted].  The website reflects all available payment options including Auto Draft, Interactive Voice Recognition (IVR) payment system, Western Union and MoneyGram.  In addition, the website also lists both our payment processing address and our overnight address. Thus, we respectfully submit that CMS makes available a variety of payment options that provide you with the functionality you are seeking subject to certain technological limitations. With regards to your claim that CMS is in violation of your loan agreement, our review found no requirement in either your Note or Security Instrument, that CMS provide you the same payment options as your prior servicer.  Attached for your reference are copies of both your Note and Security Instrument. 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

February 28, 2017     Original Response Sent Via Regular Mail...

                                        ...⇄ [redacted]   RE:      Loan No.:                    [redacted]                         Property Address:       [redacted] Complaint ID:             [redacted]                      Dear Mr. [redacted]:   The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on February 17, 2017.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.   As we understand the complaint, you state that although the servicing of your loan was transferred to CMS in November 2016, CMS has not reported any information to the credit reporting agencies and as a result your credit score has dropped.  The resolution you desire is for CMS to begin reporting your loan information to the credit reporting agencies.   As you know, the servicing of your Veteran’s Administration (“VA”) guaranteed loan was transferred from [redacted] (“JPMC”) to CMS on November 2, 2016.  On November 11, 2016, CMS issued a Notice of Servicing Transfer (“Hello Letter”) notifying you of the service transfer.  At the time of the service transfer, your loan was contractually current and showing due for the November 1, 2016 mortgage payment.   It is important to note that, while CMS began servicing your loan as of November 2, 2016, the Real Estate Settlements 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 transfer.  Commonly, loan servicers utilize this sixty day transfer period to review the acquisition file received from the prior servicer and to ensure the records of the acquiring loan servicer reflect the correct loan information and status of the loan.  In order to comply with RESPA guidelines, CMS suppressed the reporting of loan and payment information for the period of sixty days following the servicing transfer of loans to CMS.   On February 9, 2017, you contacted CMS because CMS had not reported any information to the credit reporting agencies.  The CMS representative reviewed your account and informed you that CMS would be reporting the following day.  Unfortunately, the information that was conveyed to you was inaccurate.  The CMS representative should have informed you that the first reporting was not scheduled to be transmitted until March 10, 2017.  We sincerely apologize that you were provided inaccurate information.   As stated above, CMS was scheduled to start reporting your loan information to the credit reporting agencies on March 10, 2017; however, CMS received this Revdex.com complaint on February 17, 2017.  As a result, 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.  The suppression is due to expire on April 17, 2017.  The next credit reporting for your loan is scheduled to be transmitted on May 10, 2017.  As of the date of this letter, your loan is current and due for the March 1, 2017 payment of $861.82.   Based on the foregoing, we believe the record is clear that CMS has properly followed applicable law and suppressed the reporting of your loan information to the credit reporting agencies.  CMS sincerely apologizes if this has created an inconvenience for you, as our sole intent has been to comply with applicable law.  Should you wish to further discuss any aspect of your loan, we encourage you to contact our Customer Service Department at [redacted] for further assistance.   We trust that this communication addresses all of the concerns noted in the complaint.  If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.   Sincerely,     [redacted] Customer Advocate     CC:      Revdex.com

October 26, 2016
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted], [redacted]
Complaint I.D. No.: [redacted]

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

Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on October 7, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As we understand your complaint, you state that after the servicing of your loan was transferred to CMS, you have been unable to obtain information surrounding the amount of the principal balance owed. You state that after speaking to a CMS representative, you were notified that CMS would accept phone payments from you to bring the loan contractually current. You claim that during this phone conversation, the CMS representative informed you that you could make payments in any amount in order to do so; however, CMS has since refused to accept a payment from you because it was less than the total amount due. You further claim that you were notified that late fees would not be assessed to your loan, and that you would not be held accountable for the loan delinquency. You express dissatisfaction that you recently received three letters from CMS relating to the risk of your loan being referred to foreclosure. You are requesting CMS to make corrections to your loan within the loan servicing system and to remove your loan from a pre-foreclosure status.
At the outset, please note that the servicing of your Home Equity Line of Credit (“HELOC”) loan was transferred from [redacted] N.A. (“[redacted]”) to CMS on May 16, 2016. On April 25, 2016, the attached Notice of Service Transfer (“Goodbye Letter”) was issued to you by [redacted] that notified you of the service transfer to CMS. Also attached for your reference is a copy of the Notice of Sale of Ownership of Mortgage Loan that was issued to you by CMS on May 19, 2016 that notified you CMS was your new loan servicer.
It is important to note that, while CMS began servicing the loan as of May 16, 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. In order to comply with RESPA guidelines, CMS refrains from assessing late charges to the loan and also suppresses the reporting of loan and payment information being reported to the major credit reporting agencies for the payments due within sixty days of the service transfer.
Please be advised that RESPA guidelines do not absolve borrowers of the obligation to make payments during this sixty day period, nor does RESPA permanently insulate borrowers against the consequences of failure to make timely payments. While CMS representatives may have informed you that CMS does not treat payments as being late within sixty days of the service transfer and that CMS suppresses credit reporting for payments due within that period, such communication was in no way intended to be understood that you are not responsible to adhere to the terms of the loan.
CMS would like to take this opportunity to acknowledge that CMS representatives could have more effectively communicated with you during the initial conversations and to sincerely apologize for any inconvenience you may have experienced for any unclear information that you may have received from CMS. Please be advised that at the time of the servicer transfer to CMS, your principal balance was in the amount of $5,871.09 and your loan was contractually in default and showing due for the March 28, 2015 mortgage payment in the amount of $2,069.77. Attached for your ease of reference is a copy of your loan payment history provided to CMS by your prior loan servicer.
Although CMS would typically avoid returning partial payments for a loan (not in an active foreclosure status) within sixty days of the service transfer, any statement notifying you of this practice was not intended to suggest that CMS would accept partial or single payments from you throughout the duration that CMS is servicing your loan. CMS respectfully submits that while you were notified that CMS would accept phone payments from you to being the loan contractually current, CMS was unable to accept a single payment from you as there were no arrangements in place to make additional payments required to bring the loan contractually current.
As you may recall, CMS spoke with you on October 3, 2016 and during this phone conversation, the CMS representative provided you with the status of your account and the total amount due at that time. Because you expressed interest in paying off the balance of the loan, the CMS representative agreed to order a payoff statement to provide you with the total amount required to pay the loan off in full. On October 4, 2016, the attached payoff statement was generated providing $10,505.23 as the amount to pay the loan off in full good through October 31, 2016.
Because CMS was unable to contact you via telephone over the following days, the payoff statement was sent to you via email on October 10, 2016. Later that same day, you contacted CMS along with a third party on the call and during this phone conversation, the CMS representative provided you with the amount of the payment due which was $2,069.77, the outstanding principal balance of $5,871.09, and the loan maturity date of June 2032.
Over the following week, CMS continued efforts to contact you but because CMS received no answer from you, messages were left requesting that you contact CMS at your earliest convenience. In addition, CMS also sent emails to you requesting that you contact CMS at your earliest convenience. On December 20, 2016, you returned CMS’s messages and because you had questions relating your loan payment history, the CMS representative spent a great deal of time outlining payments received from you during the year. After answering your questions, the CMS representative inquired whether you would be paying off the loan and you replied that you were unable to do so at that time.
Although you were unable to pay the loan off at that time, you explained that would be willing to make arrangements to bring the loan current with help from a family member. You agreed to contact CMS to make payment arrangements once you had a better understanding of your financial circumstances. Although CMS has made additional efforts to contact you, CMS has not been able to speak with you to secure payment arrangements to bring the loan current. Again, CMS encourages you to contact Ms. Michelle [redacted] to make payment arrangements at your earliest convenience. Ms. [redacted] can be reached via telephone at [redacted] extension [redacted].
In regard to the notices that were sent to you relating to the risk of your loan being referred to foreclosure, these notices were sent to you in an effort to notify you of your account status and to inform you of the no-cost programs that were designed to assist borrowers seeking to avoid losing a home to foreclosure. To be clear, although your loan is severely delinquent, your loan has not been referred to foreclosure. CMS apologizes if you felt its efforts to assist you in resolving your past due loan were concerning to you in any way, as CMS’s intent has been solely to notify you of the availability of foreclosure avoidance programs, to attempt to make arrangements to resolve the account delinquency, and to transmit accurate information regarding the consequences of any failure to do so.
Finally, please note that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.
Based on the foregoing, we believe the record is clear that CMS has provided you with the status of your account, and has provided you with the specific loan and payment information you have requested. Although CMS did not accept a single payment from you without arrangements to being the loan contractually current, CMS has made diligent efforts to work with you to make such payment arrangements. Due to the delinquent status of the loan, CMS is unable to remove your loan from a pre-foreclosure status; therefore, we encourage you to contact Ms. [redacted] within our Special Servicing Department via telephone at [redacted] extension [redacted] at your earliest convenience to make acceptable payment arrangements.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

October 16, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Dear Mr....

[redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on September 21, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your complaint, you allege that you made your August 1, 2015 mortgage payment online on August 3, 2015 and that you never received a mortgage statement for the September 1, 2015 payment. You go on to say that your online account was locked and when you called CMS to unlock your account, a CMS representative advised you that you had failed to make your September 1, 2015 payment on time and that a late fee had been assessed on your account. Consequently, you believe that CMS should be responsible for waiving the late fee assessed on your account because you never received a mortgage statement for the September 1, 2015 payment. As a result, your desired resolution is for CMS to refund you the late fee assessed on your account and to apologize for the uncooperative customer service you allege to have received.
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.
After a thorough review of your account and payment history, our records do not indicate receipt of an online payment from you on August 3, 2015. For your ease of reference, below please find a table with all payments received and processed by CMS along with confirmation of how each payment was applied to your account. Moreover, attached hereto as Exhibit “A” please find a twenty-four (24) month payment history and account balances along with the transaction codes and definitions.
Regarding your monthly mortgage statements, our records indicate that CMS has sent you a total of seven (7) statements. The statements were sent on April 18, 2015 for the May 1, 2015 payment, on May 1, 2015 for the June 1, 2015 payment, on June 1, 2015 for the July 1 2015 payment, on July 1, 2015 for the August 1, 2015 payment, on August 1, 2015 for the September 1, 2015 payment, on September 18, 2015 for the September 1, 2015 and October 1, 2015 payments, and on October 3, 2015 for the November 1, 2015 payment. For your reference, attached hereto as Exhibit “B” please find copies of these statements.
Additionally, please note that CMS’s policy is to generate mortgage statements on the date that a payment is made if that payment is applied to the loan after the monthly due date. If the payment is applied before the monthly due date, a mortgage statement will be generated on the first (1st) of the month that the payment is due. Lastly, if a payment is not received or applied by the sixteenth (16th) of the month, then a mortgage statement will be automatically generated on the eighteenth (18th) of the month and it will include a late fee assessment (if applicable).
Furthermore, after a review of the phone call recording, CMS finds no evidence of unprofessional or uncooperative customer service by CMS representatives. Contrary to your allegations, our records confirm that the CMS representative you spoke with was helpful and professional. Likewise, the representative went over your mortgage statements and confirmed that the statement sent on August 1, 2015 was for your September 1, 2015 payment. Lastly, the representative correctly advised you that our records did not indicate receipt of a payment from you on August 3, 2015.
That said, as of the date of this correspondence, our records indicate that your loan is paid through October 1, 2015 and next due for the November 1, 2015 payment in the amount of $570.27. 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, 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]. 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.
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 is proper and assessed pursuant to the terms of your Mortgage. Consequently, CMS respectfully denies your request to waive the late fee assessed on your account.
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]
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].
TENNESSEE:
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.

Problem: On May 18th 2016 Carrington Mortgage Services sent me a letter of Notice of Intent of Foreclosure. They are claiming my account is $2, 261.90 overdue. I have paid a payment every single month, and they even show each payment on their payment history. They are claiming I have not made...

my April 2016 payment. This is false. I made the April payment on 4/8/2016 and then made the May payment on 5/16/2016. I do not owe them. I am up to date on all of my payments. They have no right to file foreclosure, and if they do and ruin my credit, their will be a lawsuit.Desired Outcome: Rescind Notice of Intent of Foreclosure and do not affect my credit. Correct all of my payment issues since I have made all of my payment.s

January 29, 2016
Original Sent via the Revdex.com Portal and U.S. Mail:
[redacted]
RE: Case No.: [redacted]
Loan No.: [redacted]
Borrower: [redacted]
Borrower: [redacted]
Property Address: [redacted]...

[redacted]

Dear Ms. [redacted] and 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”) and received in our office on January 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 were unable to make your June 2015 payment because CMS stated it did not receive your payments due for April and May 2015. In June 2015, you submitted a research request to CMS and included bank statements as proof of payment for April and May 2015. You state CMS’s Research Department issued a response advising you that it would investigate the issue. Since June 2015, you have been holding your monthly mortgage payment in a savings account. As of January 2, 2016, you state that you have not heard from the Research Department and that you received a notice for foreclosure. You would like your account to reflect that CMS received payments you made in April and May 2015. Then, once these corrections are made, you would like to make a lump sum payment to CMS to bring your loan current.
A review of our records found that this Federal Housing Administration (“FHA”) insured loan originated on or about May 21, 2008 for $97,727.00. Enclosed is your Note and Deed of Trust both dated May 21, 2008. As you are aware, the servicing of your loan transferred from [redacted] to CMS on or about August 1, 2014. Enclosed is the August 12, 2014 Notice of Servicing Transfer (“Hello Letter”) advising you of the transfer to CMS.
At the outset, we would like to confirm that we received your payments, each for $779.97, on April 30, 2015 and May 22, 2015. The reason we did not accept your attempted payment in June 2015 was because your loan modification, implemented on or around June 25, 2015, did not bring your loan current. We would like to apologize for the inconvenience you experienced as a result. In order to correct this error, CMS has contributed $2,360.76 in funds to bring your loan current through the June 1, 2015 payment. Once you are able to make a payment in the amount of $6,495.22, your loan will be brought current through the February 1, 2016 payment. At that time, CMS will remove any late charges, uncollected fees, and negative credit reporting that occurred as a result of the implementation of the loan modification.
Shortly after the servicing transfer, CMS received the acquisition file from [redacted] and determined that you had accepted a loan modification offer which included a partial claim for $3,696.43. Our records indicate that you signed your permanent modification documents prior to the servicing transfer. In addition to the partial claim, [redacted]’s calculations included a second deferred amount for $1,567.74. The second deferred amount was not included in the partial claim and was not accounted for anywhere else in the modification.
CMS did not receive the original signed Loan Modification Agreement or subordinate lien documents which CMS would need to record with the county. In order to honor the modified terms offered to you by [redacted], CMS generated an updated agreement that matched the key modified terms. On June 25, 2015, CMS implemented your loan modification which should have brought the loan current. Instead the loan showed due for the April 1, 2015 payment, not the June 1, 2015 payment.
Our records reflect that CMS issued a Notice of Intent to Foreclose (“NOI”) on June 26, 2015. The NOI is a system-generated notice issued automatically when a loan is more than thirty days delinquent. The purpose of the NOI is to notify our borrowers that a failure to cure their delinquency within thirty days may result in acceleration of the amount due under the Note and secured by the Deed of Trust, which can lead to a sale of the property. You may disregard this notice because CMS contributed funds to bring your loan current through June 1, 2015.
On June 30, 2015, you called CMS to make your payment for June 1, 2015. However, the CMS representative did not accept the payment because the loan appeared to be delinquent. On or about July 28, 2015, CMS received your correspondence in which you requested a review of your account. On September 28, 2015, CMS’s Research Department issued the enclosed correspondence advising you that the Home Retention Department would review your account and determine if any corrections would be needed.
Loan Corrections
We are pleased to inform you that CMS has completed its investigation regarding these funds. As indicated above, CMS discovered that the second deferred amount for $1,567.74 was not included in the partial claim or elsewhere in the modification, which is why your loan appeared delinquent and due for April 1, 2015. On January 26, 2016, CMS corrected this error and contributed $2,360.76 in funds to bring your loan current through the June 1, 2015 payment. In order to bring your loan current through the February 1, 2016 payment, you will need to send a payment for $6,495.22 to CMS.
The funds will need to be sent to the following address:
Carrington Mortgage Services, LLC
Attention: Cashiering
[redacted]
Please note that CMS will resume the normal servicing of your loan if funds in the amount of $6,495.22 are not received on or before February 29, 2016. If your loan is still in default beginning March 1, 2016, CMS may begin default proceedings.
Notice of Payment Change
As you may be aware, on July 7, 2015 CMS completed the enclosed escrow analysis with an effective date of September 1, 2015. The escrow analysis projected disbursements for your annual county tax for $2,226.02, annual hazard insurance for $1,611.00, and annual FHA insurance premium for $431.40. Your base monthly escrow payment increased from $322.39 to $355.70 because the annual hazard insurance premium increased from $1,203.00 to $1,611.00. A breakdown of your monthly mortgage payment following the July 7, 2015 escrow analysis is as follows:
Principal & interest………………………………………….……..$464.53
Base monthly escrow collection…………………………..……..,,,$355.70
Total monthly payment………………………………………….…$820.23
If CMS receives your payoff funds on or before February 29, 2016, your next payment will be due for March 1, 2016. Your payment amount for March 1, 2016 is subject to change if another escrow analysis is completed. CMS will notify you in writing of any pending escrow payment change.
We trust that this communication addresses all of your concerns noted in the complaint. Carrington Mortgage Services, LLC is committed to customer satisfaction and we look forward to resolving any concerns you may have. We can be reached at [redacted] Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
Enclosures:
Note and Deed of Trust both dated May 21, 2008
Notice of Servicing Transfer (“Hello Letter”) dated August 12, 2014
Correspondence dated September 28, 2015
Escrow Analysis dated July 7, 2015

September 16, 2016        Original response sent via EMAIL   [redacted]               RE:      Loan...

No.:                    [redacted]                         Case No.:                    [redacted]                         Property Address:       [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 August 24, 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 your wife made a payment in the amount of $1,000.00 that was intended to be applied to your June 1, 2016 payment in the amount of $635.08 with the remaining amount of $364.92 to be applied towards your July 1, 2016 payment. You also state that CMS improperly refused to discuss your account with your spouse even though she handles all your finances.   As you are already aware, our Customer Service Research Department originally received your initial complaint on July 15, 2016 which raises the exact same issues as your current inquiry. Accordingly, CMS researched your loan and a response was sent to your attention via regular mail on August 26, 2016. For your reference, attached hereto please find a copy of CMS’s response to your July 15, 2016 complaint.    In the response to your July 15, 2016 complaint, the Customer Service Research Department requested that you send another letter of authorization because the previous letter did not provide the passcode/password needed in order for CMS to add your spouse as an authorized third party. We sincerely apologize that the letter did not clarify that we simply needed a passcode/password. Per our conversation on September 14, 2016, you provided me with the needed passcode/password so CMS could disclose account information to your spouse. That same day, a request was submitted to have the passcode/password updated on your account. Please advise your spouse that she will need to provide the passcode/password each time she calls CMS to obtain account information.   As of today’s date, your loan is due for the September 1, 2016 payment in the amount of $617.01. Please note that the response sent to you by the Customer Service Research Department on August 26, 2016 stated that the principal payment of $350.14 would be reversed and applied to your unapplied funds balance which could be used toward your September 1, 2016 payment.   On September 15, 2016, I personally called you and left you a message to contact me directly.  This call was intended to inform you that your reversal request had been completed and to encourage you to remit the difference of $273.31 in order to complete your September 1, 2016 payment. It is also important to note that you have the ability to make your partial payment of $273.31 through our Loan Servicing Website (“LSW”) at no additional cost.  If you do not wish to make your payment through the LSW, please contact me directly so that I can assist you in making a check by phone payment at no additional cost to you.    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 Department   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 (855) 411-2372, or by going to [redacted].   -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.   -SCRA Disclosure- MILITARY PERSONNEL/SERVICEMEMBERS:  If you or your spouse is a member of the military, please contact us immediately.  The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief.  For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].   -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determination.  You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

August 29, 2016
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Mr. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on August 17, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As you are aware, our Customer Advocate Department originally received an inquiry from you that was filed with the Revdex.com on August 4, 2016 which raises the same issues as this complaint. Accordingly, the loan was researched and a response was sent to you by CMS on August 16, 2016. Although the August 16, 2016 response letter provided you with twenty-four pages of documents to support CMS’s response, CMS is not attaching another copy of those documents in an effort to avoid unnecessary duplication of efforts.
After a thorough review of your most recent correspondence, CMS is unable to identify any new issues that have not been previously addressed in detail by CMS as your most recent correspondence appears to be substantially similar, or even identical to correspondence previously addressed by CMS. Please be advised that because you have not provided CMS with additional information to support your claims, CMS’s position remains unchanged. Finally, CMS will not respond to future correspondence raising substantially the same or identical claims as we have now addressed these issues on multiple occasions.
Please know that CMS remains committed to the highest standards of customer satisfaction and will continue to do the utmost to assist any customer with a complaint. If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service Research Department, [redacted] or fax your correspondence to [redacted].
Please note that pursuant to Consumer Financial Protection Bureau (“CFPB”) guidelines, CMS is required to suppress the reporting of loan and payment information to your credit profile for a period of sixty days after receipt of a qualified written request and/or a Notice of Error.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

June 9, 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 May 22, 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.As you are aware, the servicing of this Federal Housing Administration ("FHA") insured loanwas transferred from [redacted] ("[redacted]") to CMS on April 2, 2015. On April 6,2015, the attached Notice of Service Transfer ("Hello Letter") was issued to you 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 $699.93. Thispayment was made up of a principal and interest amount of $457.74 and a monthly escrowcollection in the amount of $241.59.On April 16, 2015, you contacted CMS and explained that your prior loan servicer issued you anescrow analysis that outlined a shortage in your escrow account prior to the service transfer toCMS. The CMS representative notified you that CMS would be completing a new escrowanalysis within sixty days of the service transfer. The CMS representative directed you tocontinue to make your mortgage payment in the amount of $699.93 and notified you that youcould make mortgage payments to CMS via CMS's no-cost online payment system. That sameday, CMS received your payment of $699.33 which satisfied the April 1, 2015 mortgagepayment.On May 1, 2015, CMS completed the attached initial analysis of your escrow account as the RealEstate Settlement Procedures Act ("RESPA") requires that an escrow analysis be completedwithin sixty days following a service transfer. This escrow analysis projected your total annualescrow disbursements to be $2,997.24, which includes an annual hazard insurance premium inthe amount of $927.12, annual property taxes in the amount of $1,652.04 and an annual FHAMortgage Insurance Premium ("MIP") of $418.08.Please be advised that RESPA guidelines limit the amount of funds a loan servicer may require aborrower to hold in an escrow account. This escrow reserve amount is also commonly known asan escrow cushion. Although RESPA does not require the lender to maintain a cushion, RESPAdoes allow a loan servicer to maintain an escrow cushion equal to two months (one-sixth) of theamount of the total annual disbursements paid out of an escrow account, not including the FHAMIP payments.Because the total annual escrow disbursements for your loan not including the FHA MIPpayments have been projected to be $2,579.16, your escrow account is required to have aminimum balance of $429.86 at all times ($2579.16 divided by 6 equals $429.86). Based uponthe projected disbursement date of your annual hazard insurance premium and the projected datethat your property tax payments are disbursed, CMS determined that your escrow account willhave a deficit of $164.29 in November 2015. Because you are required to have $429.86 in yourescrow account at all times, CMS determined that your escrow account will contain an escrowshortage in the amount of $594.15 at that time ($164.29 plus $429.86 equals $594.15).In order to prevent any undue hardship, CMS has spread the escrow shortage of $594.14 over aperiod of twelve months which resulted in an increase to your monthly mortgage payment from$699.33 to $757.02 effective with the July 1, 2015 mortgage payment. For your ease ofreference, a breakdown of the July 1, 2015 mortgage payment is outlined below. Principal and Interest: $ 457.74 Base Escrow Collection: $ 249.77 ($2,997.24 divided by 12) Monthly Escrow Shortage:  $   49.51 ($594.15 divided by 12) July 1, 2015 Payment  $ 757.02On May 6, 2015, CMS received your May 1, 2015 mortgage payment in the amount of $699.33.On May 12, 2015, you contacted CMS and requested an explanation of how CMS determinedyour escrow account contained an escrow shortage in the amount of $594.15. The CMSrepresentative provided you with information outlining how CMS determined the escrowshortage. Because you disagreed with the explanation, the CMS representative also opened atask for the Escrow Department to ensure the escrow analysis was properly completed. On May13, 2015, CMS's Escrow Department confirmed that the May 1, 2015 escrow analysis wasproperly completed.On May 22, 2015, you contacted CMS and still claimed that CMS was improperly managingyour escrow account. The CMS representative again provided you with information surroundingthe recent escrow analysis and provided you with the escrow shortage in the amount of $594.15.Because you continued to believe that CMS was mismanaging your escrow account, your callwas escalated to a CMS su[redacted]or. The CMS su[redacted]or also notified you that CMS waspermissibly collecting an escrow cushion equal to one-sixth of the annual escrow disbursementsnot including the FHA MIP payments. Nevertheless, you continued to dispute the escrowshortage.On June 1, 2015, CMS received and applied your June 1, 2015 mortgage payment in the amountof $699.33. As ofthe date of this letter, your loan remains contractually current and is showingdue for the July 1, 2015 mortgage payment in the amount of$757.02.Please be advised that CMS does not currently offer the option to stop maintaining an escrowcushion for your loan. CMS adheres to RESPA guidelines and will maintain a two monthescrow cushion in the escrow account at all times. Should you wish to pay the escrow shortagein full, we encourage you to submit the projected escrow shortage in the amount of $594.15along with specific posting instructions to CMS at the following address: Carrington MortgageServices, Attention Payment Processing, [redacted]. Specific payment instructions should be clearly indicated on the form of payment aswell as on the payment coupon.In response to your claim that CMS's escrow cushion collection practices are somehow illegal,CMS respectfully asserts that its practice to collect an escrow shortage equal to one-sixth of theannual escrow disbursements not including the FHA MIP payments is common in the industryand is within the bounds of federal, state and local laws and the related loan servicing agreement.Lastly, regarding the alleged poor customer service and communication you received, aninvestigation concerning your allegations. will be conducted by CMS and CMS will takewhatever action necessary in light of our findings. Again, we sincerely apologize for anyinappropriate communication that may have occurred.Based on the foregoing, we believe the record is clear that CMS properly managed your escrowaccount and has properly informed you that CMS will be collecting an escrow cushion equal toone-sixth of the annual escrow disbursements not including the FHA MIP payments. Wesincerely apologize if you felt CMS efforts to manage your escrow account were improper in anyway as CMS's intent was to ensure that your escrow account contains sufficient funds to pay theescrowed items from your escrow account at the time the escrowed items become due. Shouldyou wish to further discuss any aspect of your loan, we encourage you to contact our CustomerService Department 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