Carrington Mortgage Services LLC

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The solution you present does not allow me to pay extra escrow or principal prior to the due date of the 1st of the month. It only allows me to pay the mortgage amount beforehand, Furthermore, the suggested workaround for this is unacceptable. That workaround is to enter the mortgage amount on one transaction, then enter the additional principal or escrow amount in the Other field, then contact CMS via phone or letter and advise them how to apply that amount - to escrow or principal. I reiterate my concern that this is only meant to acquire the maximum interest from me and I will not consider this issue resolved until I can make payments with additional principal/escrow on a schedule that represents good fiscal sense on my part.
Regards,
[redacted]

July 15, 2015
 
 
[redacted]
[redacted]
[redacted]
[redacted]
 
RE:      Case No.:                    [redacted]
MLD Loan...

No.:          [redacted]
 
Dear Mr. and Mrs. [redacted]:
 
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your complaint filed with the Revdex.com (“Revdex.com”) received in our office via email on June 19, 2015.  CMS is committed to responsible lending and servicing and we would like to address any concerns you may have.  The following is our response to the issue(s) raised in the inquiry.
 
As we understand your complaint, you claim that you applied for a refinance with CMS and spoke with Loan Officer [redacted] who informed you that she would lock-in the interest rate at 3.875%.  You indicate that the refinance process moved forward at which time you paid for an appraisal in the amount of $385.00.  You further claim that on May 20, 2015, Ms. [redacted] informed you that the refinance had closed; however, the next day she informed you that the interest rate would be 4.25%.  You go on to say that you requested to speak with Ms. [redacted]’s supervisor regarding your concerns with the rate change, and on May 21, 2015 you spoke with Sales Manager, [redacted].  During this call, he informed you the market conditions had changed but he would work to finalize your refinance at the agreed 3.875%.  You assert that you had difficulty getting ahold of Mr. [redacted] after your initial call and when you finally did make contact with Mr. [redacted], the interest rate matter was not resolved.  You also expressed concerns with the handling of your refinance; therefore, on June 17, 2015 you sent an email to Ms. [redacted] and Mr. [redacted] informing them that you did not wish to proceed with the refinance and requesting a reimbursement of the appraisal fee in the amount of $385.00. 
 
Upon review, our records show that you initially spoke to Ms. [redacted] on April 13, 2015 about your interest in refinancing your Federal Housing Administration (“FHA”) insured loan and during this call Ms. [redacted] quoted you an available interest rate of 3.875%.  On that same day, a Good Faith Estimate (“GFE”), Federal Truth-in-Lending and other required disclosures were sent to you.  It is important to note that on this GFE, the interest rate of 3.875% was good through April 13, 2015 and the estimated settlement charges were available through April 27, 2015.  In addition, the GFE states that you must lock the interest rate four days before settlement.  A copy of this GFE is attached for ease of reference.
 
On April 28, 2015, CMS received the requested financial documentation from you and on that same day, the appraisal was requested.  On May 13, 2015, CMS received the completed appraisal and on that same day your file was referred to underwriting for review and disposition.  On May 20, 2015 your refinance was approved.  Later that day, Ms. [redacted] spoke with you and informed you that your loan was approved, but that the pricing for an interest rate of 3.875% had changed.  Specifically, Ms. [redacted] notified you that the points had increased by $7,663.89.  It was also during this call that Ms. [redacted] discussed other financing options; however, you were unwilling to consider any new loan options as you wanted the initial rate and pricing quoted to you. 
Subsequently, on or about May 22, 2015 you spoke with Mr. [redacted] to express your concerns and also indicated your understanding that the 3.875% interest rate and pricing had been locked when you began the loan application.  Mr. [redacted] explained that your rate could not be locked at the time of the loan application as it was not a standard practice by CMS to do so.  He further explained that the rate on your loan application could only be locked at the time of underwriting review and approval as noted on the GFE.  Additionally, Mr. [redacted] discussed other loan term options such as a higher interest rate with more reasonable pricing or indicated that you could hold off on refinancing at this time and wait for rates to drop once again.  Subsequently, on June 26, 2015 CMS closed your file and sent you a Statement of Credit Denial, Termination, or Change notice.  A copy of this letter is attached for ease of reference.
Based on the foregoing, we conclude that CMS processed your loan application in accordance with CMS lending and underwriting guidelines.  Nevertheless, we acknowledge that CMS missed opportunities to communicate better with you during this process regarding the interest rate pricing and would like to take this opportunity not only to express our sincere apologies for the inconvenience that you may have experienced in this matter, but also to thank you for bringing this matter to CMS’s attention.  CMS is always looking for ways to improve service levels and your feedback is important us.  In addition, solely as an expression of our commitment to the highest standards of customer satisfaction, CMS has agreed to refund the appraisal cost as requested and therefore, check number [redacted] in the amount of  $385.00 was sent to you via federal express mail, tracking number [redacted] on July 14, 2015.
 
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

August 27, 2015 [redacted]
[redacted]
[redacted]
RE: Application No.: [redacted] Loan Applicants: William C. and [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Mr. and Ms. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on August 10, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in the inquiry.
As you are aware, our Customer Advocacy Department originally received a complaint from you via the Pennsylvania Department of Banking and Securities on July 14, 2015 and another complaint from you via the Revdex.com on July 23, 2015, both of which raised the same issues as this most recent complaint. Accordingly, the loan application process was researched and responses to your complaints were sent to you by CMS on August 6, 2015, copies of which are included here for your ease of reference.
CMS’s previous response dated August 6, 2015 provided you with fifty-six (56) pages of supporting documentation. Please note that CMS is not providing you with another set of copies of these documents to avoid unnecessary duplication of efforts. Moreover, CMS will not respond to the issues that CMS has previously addressed in detail within the August 6, 2015 responses. Instead, CMS will address each new issue that you raised on August 10, 2015 with the Revdex.com to the fullest extent possible.
As we understand with your most recent complaint, you state that you have reviewed CMS’s response dated August 6, 2015 and believe that your concerns have not been fully resolved. You have provided CMS with additional details surrounding your loan application process and reiterated your dissatisfaction with numerous CMS representatives who have attempted to assist you with your mortgage loan application. You acknowledge that CMS was ultimately unable to approve your mortgage loan application and allege that CMS improperly released your social security number to an outside party.
With regard to your claim that CMS representatives assured you that your Debt to Income Ratios (“DTI”) would not be an issue when you applied for a mortgage loan, CMS commonly will review an applicant’s financial circumstances disclosed at the [redacted]e of application and will advise potential borrowers if there are any DTI or credit issues that would immediately disqualify them from the type of loan applied for. Such an initial review does not preclude the discovery of DTI or credit issues, which may disqualify you from the loan program that you applied for, as the application process continues.
As CMS outlined in its August 6, 2015 response, on August 4, 2015, CMS refreshed your credit reports and discovered that your credit reports contain additional debt as well as a new collection account that were not included within the initial credit reports received by CMS. Because of these credit items, your DTI was no longer within required range to qualify for the FHA loan program. Consequently, the attached denial notice was issued to you on August 10, 2015. Please be advised that this credit determination was made solely based upon your financial circumstance and was not related to the unintentional release of your social security number to a third party.
In response to your claim that you were provided with information to indicate that your loan was approved and cleared to close, CMS explained in its August 6, 2015 complaint response that your loan application was conditionally approved but that CMS was not in receipt of all of the documents required to satisfy the loan approval conditions outlined in the July 23, 2015 Conditional Loan Approval. A firm closing date could not have been provided to you during a time that CMS was not in possession of your 2013 Federal Tax Transcripts. CMS does its best to provide potential borrowers with an estimated timeline of approval; however, an approval is never guaranteed or promised until the time that the mortgage loan application is formally approved. CMS is unable to locate any evidence that such an approval was issued to you.
CMS understands that your new complaint indicates that CMS has improperly released your social security number to an outside party. After a thorough review of CMS’s records, CMS is able to confirm that on August 4, 2015, a CMS representative sent you an email that included a document containing Ms. [redacted]’s social security number. CMS is also able to confirm that due to an inadvertent clerical error, a third party was also added to the email. None of Mr. [redacted]’s non-public personal information was disclosed to a third party.
CMS understands that the document containing your social security number has been destroyed by the third party, and CMS has agreed to your request to provide you with two years of a credit monitoring service at no cost to you. CMS will immediately begin the necessary actions to enroll you into the credit monitoring service. Additional information regarding the credit monitoring service will be sent to you shortly under separate cover. CMS sincerely apologizes for any inconvenience you may have experienced.
In closing, CMS acknowledges that your mortgage loan application could have been processed faster and that CMS should have better communicated with you; however, CMS believes that based upon your specific financial circumstances, the outcome would have been the same. Should you wish to further discuss any aspect of your mortgage loan application process, we encourage you to contact Mr. [redacted], CMS’s MLD Regional Director at (714) 350-4652 for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at (866) 874-5017, Monday through Friday, 8:00 AM to 5:00 PM, Eastern [redacted]e.
Sincerely,
[redacted] Customer Advocate
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 3489, Anaheim, CA 92803, or calling 1-800-561-4567. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at (800) 569-4287 or toll-free TDD (800) 877-8339, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor.
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474.
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at (800) 561-4567, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time or by mail at P.O. Box 3489, Anaheim, CA 92803.

July 9, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]
Dear Mr. & Mrs. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com (“Revdex.com”) received in our office via email on June 25, 2015. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your rebuttal, you disagree with the late payment assessed by CMS which was reported to the credit bureaus. You go on to say that your online account should have never been blocked because your account and routing number have always been the same. Consequently, you want CMS to remove the late payment reported to the credit bureaus.
Based on a review of your loan, on March 2, 2015 CMS sent you a Notice of Change Letter. For your reference, attached hereto as Exhibit “A” please find a copy of the Notice of Change Letter. The purpose of the letter was to notify you that your bank had advised our office that either the routing number or account number was not accurate on a recent payment that you may have provided to a CMS representative, entered through our website, or entered through the pay-by-phone option. Additionally, the letter also advised you that it would be necessary to contact your bank and confirm your account and routing number.
Moreover, the letter also advised you that once you confirmed with your bank you would need to contact our Loan Servicing Department at [redacted]. Specifically, you were advised that until you spoke with a CMS representative in regard to this matter, your account would remain blocked from receiving any future electronic payments.
That said, on March 17, 2015 a CMS representative called you to remind you of the outstanding balance on your account due for the March 1, 2015 payment. During this phone conversation, the representative confirmed that you were due for a total in the amount of $3,199.75 which included your March 1, 2015 payment in the amount of $3,076.69 and the late fee assessed on your account for the March 1, 2015 payment in the amount of $123.06. With respect to the late fee, please note that your Promissory Note provides a fifteen (15) day grace period after the due date to pay the 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.
Additionally, during this phone conversation you advised the representative that you were refinancing your property and did not intend to pay your March 1, 2015 payment until the end of the month. You made this choice because you wanted to wait for a decision from your potential lender regarding your refinance. The representative correctly advised you that a late fee had already been assessed and also advised you that there could be negative credit reporting on your account if your payment was not received within thirty (30) days from the due date. You acknowledged the representative’s explanation and proceeded to end the call.
Thereafter, on March 19, 2015 you called CMS and requested that our office cease any additional calls reminding you about your outstanding balance. You requested this because you were still in the process of refinancing your property and had no intention of making your March 1, 2015 payment until the end of the month or after you received a decision from your potential lender regarding your refinance. The representative correctly advised you that the purpose of the calls were to remind you of your outstanding balance and of the potential negative credit reporting on your account if your payment was not received within thirty (30) days from the due date. You again acknowledged the representative’s explanation and proceeded to end the call.
Please note that CMS made several attempts to speak with you on March 20, 2015, March 23, 2015, March 24, 2015, March 25, 2015, March 26, 2015, and March 27, 2015. During all of the aforesaid phone calls, no one answered the phone.
Subsequently, on March 31, 2015 you called CMS because your online account was locked and preventing you from making a payment. During this phone conversation, you acknowledged that you had received the Notice of Change Letter CMS sent you on March 2, 2015 and were calling to have your account unlocked pursuant to the letter. The representative proceeded to confirm your outstanding balance and you advised the representative that you were aware of what you owed pursuant to the most recent mortgage statement you had received from CMS.
The representative then asked you to confirm your account number and routing number and you confirmed both. At that point, and per your approval, the representative proceeded to process your payment. A few seconds later, the representative advised you that your payment did not process because the payment system was not accepting your payment. After confirming with his supervisor, the representative correctly advised you that he would need to send an email to our Cashiering Department so they could remove the block on your account to allow payments. You asked how long it would be to have the block removed and the representative confirmed that it could take up twenty-four (24) hours to have the block removed. You immediately told the representative that waiting that long was unacceptable because your payment would be considered late. The representative did advise you that without having the block removed by our Cashiering Department, a payment could not be processed on your account. At that point, you requested to speak with a supervisor and the representative transferred your call.
During your phone conversation with the supervisor, you expressed your frustration with your inability to make your online payment and with having to wait twenty-four (24) hours to have our Cashiering Department remove the block on your account. The supervisor correctly advised you that the Notice of Change Letter CMS sent you on March 2, 2015 specifically requested that you contact our office so that we could remove the block on your account. Moreover, the supervisor also confirmed that an email had been sent to our Cashiering Department and that the block would be removed within twenty-four (24) hours. Although you were upset with the outcome, you did acknowledge the supervisor’s explanation and proceeded to end the call.
On April 1, 2015 our records indicate that the block on your account was removed by our Cashiering Department. Moreover, our records also confirm that on this date you called CMS to make your March 1, 2015 payment in the amount of $3,076.69. Please note that CMS received your payment thirty (30) days after the due date. Resultantly, that is the reason why CMS reported your payment as thirty (30) days late to the credit bureaus.
As a result of our investigation we found no evidence of wrongdoing on CMS’s behalf. Contrary to that allegation, CMS sent you correspondence and called you on numerous occasions encouraging you to make your payment for the outstanding March 1, 2015 payment. When you decided to make your payment, on March 31, 2015, it was too late to have the block removed from your account without having to wait twenty-four (24) hours. Please note that CMS is obligated by federal law to provide timely and accurate credit reporting in regards to your account status and payment history. Correspondingly, we submit that the information reported to the credit bureaus is correct and properly reflects your account status and payment history. Therefore, CMS respectfully denies your request to remove the thirty (30) day late payment reported to the credit bureaus.
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].

December 4, 2015
[redacted]
RE: Loan No.: [redacted]
Borrower: [redacted]
Property Address: [redacted]
Complaint I.D. No.: [redacted]

Dear Mr. [redacted]:
The [redacted] Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office via email on November 23, 2015. CMS is also in receipt of an identical complaint received directly from you on November 23, 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 complaints.
As you are aware, CMS’s Customer Service Research Department originally received an inquiry from you on August 3, 2015 which raises the same issues as this complaint. Accordingly, the loan was researched by CMS’s Customer Service Research Department and a response was sent to you by CMS on August 21, 2015. The August 21, 2015 response letter notified you that contrary to your claim, CMS properly applied payoff funds to your loan and promptly issued you the full escrow refund due to you once your loan was paid off.
Then, on November 3, 2015, CMS’s [redacted] Department received a new complaint from you that was filed with the Revdex.com which also raises the same issues as your most recent complaint. Accordingly, the loan was researched and a more thorough and detailed response was sent to you by CMS on November 17, 2015. As you may recall, CMS again informed you that CMS properly applied payoff funds to your loan and promptly issued you the full escrow refund due to you once your loan was paid off.
Please note that while each of the above referenced responses have provided you with a total of thirty five pages of documents to support CMS responses to you, CMS is not attaching additional copies of the prior responses or the supporting documents that were previously provided to you in an effort to avoid an unnecessary duplication of efforts.
As you know, the November 17, 2015 response letter notified you that mortgage interest is paid in arrears and to ensure that this information was clearly communicated to you, CMS provided you with an example which is as follows. “For example, a payment received for the month of February 2015 would pay the interest accrued from the period of January 1, 2015 through January 31, 2015”. While this most recent complaint indicates that CMS was incorrect in the above statement, CMS respectfully submits that mortgage interest is in fact paid in arrears which is why CMS applied $1,125.34 of the payoff funds received on July 8, 2015 to interest accrued for the months of June 2015 and July 2015 which is in accordance with FHA guidelines.
As you also know, you contacted CMS on November 30, 2015 via telephone and I personally spoke to you regarding your belief that you may have paid an excessive amount of interest at the time your loan was paid off. After giving CMS verbal permission to speak with your wife, I attempted to explain to you that interest for your loan is paid in arrears. As part of my explanation, I directed you and your wife to the U.S. Department of Housing and Urban Development’s (“HUD’s”) publicly available website at www.HUD.gov to verify this fact. Eventually, the call was ended with the understanding that you would contact a real estate professional of your choice to validate the information I provided to you.
To further support the fact that interest is paid in arrears, please understand that your loan was originated on or about January 11, 2011. The first payment under your newly originated loan became due on March 1, 2011 as supported by the attached Promissory Note. The reason you were not required to make a mortgage payment during the month of February 2011 was because the interest accrued during the month of February 2011 was required to be paid (in arrears) with the payment that became due on March 1, 2015. CMS is uncertain of what additional information or documentation CMS could provide you to support this fact that has not already been provided.
Again, please be advised that should you wish to gather more information about the application of payoff proceeds for your Federal Housing Administration (“FHA”) loan, you may contact the HUD National Servicing Center via telephone at [redacted] or via mail at the following address.
U.S. Department of Housing and Urban Development
National Servicing Center
[redacted]
Finally, 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 recent correspondence appears to be substantially similar, or even identical to correspondence previously addressed by CMS. Accordingly, no further response from CMS is required. Moreover, because we have now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
CC: Revdex.com
IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or 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 [redacted].
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting 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].

March 3, 2016
[redacted]
[redacted]
[redacted]
[redacted]
RE: Loan No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]
...

Complaint I.D. No.: [redacted]

Dear Ms. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of a complaint filed with the Revdex.com (“Revdex.com”) regarding the above-referenced loan received in our office email on February 16, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns the borrowers may have. The following is our response to the issue(s) raised in the inquiry.
As a preliminary matter, CMS is aware that the above referenced borrowers have filed for protection under a Chapter 13 Bankruptcy, case number [redacted] on September 3, 2014. Our records show that the borrowers’ bankruptcy case remains open and active at this time. Because our records also indicate that you are representing the borrowers in respect to their bankruptcy case, CMS is responding to you to address the borrowers’ concerns. That being said, this letter is not an attempt to collect a debt but merely provides informational notice regarding the status of the loan.
As we understand the complaint, the borrowers state that they have never paid their mortgage payments thirty days late. The borrowers state that although the servicing of the loan was transferred to CMS several months ago, CMS has not updated the loan to reflect the correct post-petition payment status of the loan. The borrowers explain that on November 30, 2015 they made a mortgage payment to their prior loan servicer and then made another mortgage payment to CMS on December 30, 2015.
The complaint continues on to raise concern that CMS has increased the borrowers’ monthly mortgage payment by $120.00 even though the borrowers’ property taxes have decreased and their hazard insurance premium has increased only slightly. The borrowers express dissatisfaction that the proper CMS representative has not returned their calls. The borrowers’ desired resolution is for CMS to properly credit payments to their loan, provide them with an explanation as to the reason the mortgage payments have increased, and for the proper CMS representative to return their call.
Please note that the servicing of this Federal Housing Administration (“FHA”) insured loan was transferred from [redacted] (“[redacted]”) to CMS on December 1, 2015. On December 5, 2015, CMS issued the attached Notice of Service Transfer (“Hello Letter”) notifying the borrowers of the service transfer to CMS. At the time of the service transfer, the loan was in default and showing due for the September 1, 2015 contractual mortgage payment in the amount of $1,377.91. This contractual payment was made up of principal and interest in the amount of $846.04 and a monthly escrow collection in the amount of $531.87.
As you know, there is a distinct difference between the contractual loan payment due date, the pre-petition payment due date, and the post-petition payment due date, the latter two of which are determined by the borrowers’ approved bankruptcy plan. Typically, a Proof of Claim (“POC”) is filed with the court when a Chapter 13 Bankruptcy is filed and such POC may include mortgage payments that were due at the time the POC was filed. In this case, the borrowers’ POC included three contractual mortgage payments which were to be repaid within the five year bankruptcy payment plan (pre-petition payments). A copy of the borrowers’ POC is included here for your ease of reference.
These monthly pre-petition payments are paid by the borrowers to the bankruptcy trustee and are forwarded to CMS by the borrowers’ bankruptcy trustee. The pre-petition payments are held in an unapplied status until the time that the pre-petition payments are sufficient to satisfy a contractual payment. CMS will not be in possession of all the payments included in the POC until the borrowers have made all sixty payments required under the bankruptcy repayment plan and such payments are forwarded to CMS by the borrowers’ bankruptcy trustee.
Although the pre-petition payments are to be repaid over a period of five years, the borrowers are still responsible to pay the mortgage payments that have become due after the POC was filed (post-petition payments). Again, CMS is able to confirm that the loan was contractually in default and showing due for the September 1, 2015 contractual mortgage payment at the time of the service transfer as outlined above. That being said, CMS has also confirmed that due to an inadvertent clerical error, the loan was not updated to reflect that the borrowers were due for the December 1, 2015 post-petition payment at the time of the service transfer.
Upon receipt of the complaint, CMS has taken the appropriate actions to update our records to reflect that the borrowers were due for the December 1, 2015 post-petition payment at the time of the service transfer. CMS would like to take this opportunity to sincerely apologize for any inconvenience the borrowers may have experienced due to the unintentional clerical error.
Our records also show that on December 30, 2015, CMS received a post-petition payment in the amount of $1,377.91 which was applied to the September 1, 2015 contractual mortgage payment in the amount of $1,377.91. CMS has confirmed that its records now reflect that this payment satisfied the borrowers’ December 2015 post-petition mortgage payment.
On May 1, 2015, CMS completed an initial escrow analysis for the loan and issued the attached escrow analysis notification to the borrowers. The escrow analysis projected total annual escrow disbursements in the amount of $7,158.64, which included a hazard insurance premium in the amount of $1,589.00, property taxes in the amount of $4,784.00 and a FHA Mortgage Insurance Premium (“MIP”) in the amount of $785.64. The guidelines set forth by the Real Estate Settlement Procedures Act (“RESPA”) limit the amount of funds a loan servicer may require a borrower to hold in an escrow account, commonly known as an escrow cushion. Pursuant to applicable law, CMS required the borrowers to maintain an escrow cushion equal to one month (one-twelfth) of the amount of the total annual disbursements paid out of an escrow account (not including MIP).
Because the total annual escrow disbursements for the loan (not including MIP) were projected to be $6,373.00, the borrowers’ escrow account is required to have a minimum of $561.08 at all times ($6,373.00 divided by 12 equals $561.08). Based upon the projected disbursement date of the escrowed items, CMS determined that the borrowers’ escrow account will have a deficit in the amount of $107.10 in March 2016. Because the borrowers are required to have $561.08 in their escrow account at all times, CMS determined that the borrowers’ escrow account would contain an escrow shortage in the amount of $638.18 at that time ($107.10 plus $531.08 equals $638.18).
In order to prevent any undue hardship, CMS spread the escrow shortage of $638.18 over a period of twelve months which resulted in an increase to the borrowers’ contractual monthly mortgage payment in the amount of $117.86, from $1,377.91 to $1,495.77 effective with the March 1, 2016 mortgage payment. For your ease of reference, a breakdown of the March 1, 2016 mortgage payment is outlined below.
Principal and Interest: $ 846.04
Base Escrow Collection: $ 596.55 ($7,158.64 divided by 12)
Monthly Escrow Shortage: $ 53.18 ($638.18 divided by 12)
March 1, 2016 Payment $ 1,495.77
On January 29, 2016, CMS received a post-petition payment from the borrowers in the amount of $1,377.91. These funds were applied to satisfy the October 1, 2015 contractual mortgage payment. CMS has confirmed that its records now reflect that this payment satisfied the borrowers’ January 2016 post-petition mortgage payment. The most recent post-petition payment CMS received from the borrower was on February 29, 2016 in the amount of $1,388.92 which satisfied the borrowers’ February 2016 post-petition mortgage payment. These funds were applied to the November 1, 2015 contractual payment in the amount of $1,377.91 and the remaining $11.01 was placed in an unapplied status. After the application of these funds, the contractual payment due date was December 1, 2015, the post-petition payment due date of March 2015. Attached for your ease of reference is a copy of the borrowers’ loan payment history as well as the loan servicing system payment codes and definitions.
In regard to the borrowers’ concerns that CMS bankruptcy specialists have not returned their calls, a review of our records shows that CMS bankruptcy specialists have spoken to the borrowers on multiple occasions. Upon receipt of the complaint, CMS has confirmed that a senior bankruptcy specialist spoke with the borrowers on February 29, 2016 and addressed all of the borrowers’ bankruptcy related concerns. The borrowers were notified that CMS was updating the loan to account for all post-petition payments made and that a written response would be issued to the borrowers addressing all of the concerns raised within their complaint. Nevertheless, CMS sincerely apologizes if the level of customer service CMS has provided has not met the borrowers’ expectations.
Based on the foregoing, we believe the record is clear that CMS has now updated the loan to show the borrowers are current with their post-petition mortgage payments. It is also clear that CMS has properly managed the borrowers’ escrow account and that the payment increase of $117.86 effective with the March 1, 2016 contractual mortgage payment is a result of the borrowers’ escrow account containing an escrow shortage. Should the borrowers wish to further discuss any aspect of their loan, we encourage them to contact CMS’s Customer Service Department at [redacted] for further assistance.
We trust that this communication addresses all of the concerns noted in the complaint. If you have any further questions, please contact the undersigned at [redacted]7, Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time.
Sincerely,
[redacted]
Customer Advocate
CC: [redacted] and [redacted]
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/.
-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.
-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].
-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].

As we understand your complaint, you allege that CMS has negatively impacted your credit by not posting the payoff of your mortgage sent via a wire transfer on August 31, 2015 until September 1, 2015. As a result, you are requesting that CMS correct the negative credit reporting of your loan caused...

by CMS’s delay in processing your mortgage payoff.   At the outset, please note that per the terms of your Note 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 reporting bureaus as delinquent.   Upon further review, our records show that CMS’s Customer Service Research Department received your initial inquiry about this matter on December 18, 2015. Subsequently, a response dated January 15, 2016 was sent to you directly addressing your concern mentioned above. It is important to note that this complaint raises the same concerns as the complaint received December 18, 2015. Attached hereto is a copy of the January 15, 2016 response for your reference.   To summarize the January 15, 2016 response, your loan was due for the August 1, 2015 payment in the amount of $1,116.41 at the time your loan payoff was received on September 1, 2015. Additionally, our records show a wire transfer with the transfer date of September 1, 2015 at 5:19 AM, Eastern Time in the amount of $104,390.80 and a Bank Reference Number of [redacted]. Therefore, because your August 1, 2015 payment in the amount of $1,116.41 was not received until September 1, 2015, it was accurately reported as a thirty day delinquency to the credit bureaus.   Additionally, your complaint goes on to state that you chose not to make your August 1, 2015 payment per the guidance of your new mortgage provider. Please note that CMS is not responsible for any payments that may become delinquent as the result of guidance provided to you by an outside agency. Please also note that any decisions you make with regard to the servicing of your loan should always be discussed with your servicer directly.   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; accordingly, no further response from CMS is required.  Moreover, because we have now addressed these issues on multiple occasions, CMS will not respond to future correspondence raising substantially the same or identical claims.   Furthermore, CMS is obligated by federal law to provide timely and accurate credit reporting in regard to the current loan status, payment history and loan information.  We have determined that the information reported to the major credit bureaus properly reflects your payment history and loan information.  We are, therefore, unable to make the requested changes to the reported information.   Based on the aforesaid investigation and review of your account, we find no evidence of wrongdoing on CMS’s behalf. Furthermore, our records are clear that CMS posted your August 1, 2015 payment in the amount of $1,116.41 on the day it was received, September 1, 2015. Tell us why here...

June 15, 2016
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 rebuttal filed with the Revdex.com (“Revdex.com”) received in our office via email on June 6, 2016. CMS is committed to responsible lending and servicing and we would like to address any concerns you may have. The following is our response to the issue(s) raised in your inquiry.
As we understand your rebuttal, you continue to claim that you pay your monthly payments through the CMS Loan Servicing Website (“LSW”) using the same account number and routing number each month since the loan was service transferred to CMS. You also continued to allege that a CMS Representative advised you that the late payment(s) in question would not be reported on your credit.
With regards to your claim that you have used the same account number and routing number each month, our review of all payment transactions processed through the LSW or with a CMS Representative reflects that you have used different bank account information on more than one occasion. Although our review shows that you entered the same exact routing number ending in [redacted] when you made your payments through the LSW on March 11, 2016 and on April 16, 2016, the bank account number ending in [redacted] does not match the previously used bank account number ending in 5840. Attached for your reference are copies of all payment transactions processed through the LSW or with a CMS Representative from November 2014 through June 2016 which supports our findings.
Lastly, with regards to your allegation that a CMS Representative advised you that the late payment(s) in question would not be reported on your credit, our review has found no evidence that you or your authorized third party was advised of such. Therefore, we respectfully reject your request to remove the derogatory information reported to the credit bureaus as the March 2016 payment was made until April 18, 2016.
While we regret that you were dissatisfied with our response to your complaint. CMS is committed to the highest standards of customer satisfaction, 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.
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted]
Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or by calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com/.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting Carrington Mortgage Services, LLC at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].
TEXAS:
Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, [redacted]. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT [redacted].

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

July 2, 2015
ORIGINAL SENT VIA REGULAR MAIL
[redacted]
RE: Loan No.: [redacted]
Complaint No.: [redacted]
Primary Borrower: [redacted]
Co-Borrower: [redacted]
Property Address: [redacted]
Dear Mr. & Mrs. [redacted]:
The Customer Advocate Department of Carrington Mortgage Services, LLC (“CMS”) is in receipt of your rebuttal filed with the Revdex.com (“Revdex.com”) received in our office via e-mail on June 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 your inquiry.
As we understand your rebuttal, you disagree with the date that CMS indicates it received your bill pay check (reference number [redacted]) for your April 1, 2015 payment because your bank confirms a different date.
Based on a review of your loan, CMS received your April 1, 2015 payment in the amount of $731.00 on April 17, 2015 and inadvertently posted your payment to an incorrect account. This inadvertent mistake resulted in CMS not having any record of your April 1, 2015 payment. In our prior response, we sincerely apologized for the inadvertent mistake and for any inconveniences we may have caused. Moreover, solely as an expression of our commitment to the highest standards of customer satisfaction, CMS agreed to waive the late fee assessed on your account for the April 1, 2015 payment as a one-time courtesy. Please note that your late fee in the amount of $17.08 was waived on June 16, 2015. For your reference, attached hereto as Exhibit “A” please find a payment history along with the transaction codes and definitions confirming the late fee waiver.
That said, please note that CMS has confirmed we did not receive your April 1, 2015 payment until April 17, 2015. Although CMS did post your payment to an incorrect account, that does not change the fact that our office did not receive your payment until April 17, 2015. For your reference, attached hereto as Exhibit “B” please find a copy of your bill pay check (reference number [redacted]). As you are aware, your Mortgage provides you a fifteen (15) day grace period after the due date to pay your monthly payment without a late charge. In other words, your mortgage payments are due on the first (1st) of each month and considered late if not received by the sixteenth (16th) of the month.
Furthermore, please note that when you make a payment via bill pay, that payment is not wired or deposited to CMS on that same date. Instead, your bank may subtract your bill pay amount from your checking or savings account on the date you select the payment to be made, but may still have to issue a physical check which is usually sent via regular United States Postal Service (“USPS”) mail. Specifically, your bill pay check (reference number [redacted]) has a date of April 13, 2015, but that payment was not received and processed until April 17, 2015. As a way to prevent any additional late fee charges, CMS encourages you to send your bill pay check a few days earlier to account for the number of days that it may take USPS to deliver your physical check to our payment processing center. Please note that CMS has no control over the delivery timeframe of USPS and that is the reason why we encourage you to send your bill pay check a few days earlier.
If you wish to contact CMS regarding the administration of your loan you may do so by calling our Customer Service Department at [redacted], Monday through Friday, from 8:00AM to 8:00PM, Eastern Time. You can also send written correspondence including inquiries and complaints about your mortgage to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted] or fax your correspondence to [redacted]. Lastly, if you wish to learn more about the additional services available at CMS please visit our website at [redacted] to obtain that information.
We trust that this communication addresses all of the concerns noted in your complaint. If you have any further questions, please contact the undersigned at [redacted], Monday through Friday, from 8:00AM to 5:00PM, Pacific Time.
Sincerely,
[redacted] Customer Advocate
CC: Revdex.com
-INQUIRIES & COMPLAINTS-
For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, [redacted], or calling [redacted]. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at carringtonms.com.
-IMPORTANT BANKRUPTCY NOTICE-
If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney.
-CREDIT REPORTING-
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
-MINI MIRANDA-
This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.
-HUD COUNSELOR INFORMATION-
If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at [redacted] or toll-free TDD [redacted], or by going to [redacted]. You can also contact the CFPB at [redacted], or by going to [redacted].
-EQUAL CREDIT OPPORTUNITY ACT NOTICE-
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS’ compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
-SCRA DISCLOSURE-
MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at [redacted].
-NOTICES OF ERROR AND INFORMATION REQUESTS-
You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at [redacted], Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time or by mail at [redacted].