Date Received: 2019-12-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/19, I called in to speak with a representative to confirm auto-draft was set up for my first payment. I spoke with XXXX who confirmed my auto-draft set-up. In error, XXXX processed a {$2000.00} payment, which was unauthorized and not discussed with me. I found out later that this {$2000.00} was for the next customer calling in and the agent processed it on my account instead of theirs. I spoke with a Supervisor/Manager who listened to the call and confirmed this. Since this overdrew my checking account, the manager advised me to place a stop payment on the {$2000.00} so it would not go through and that they would send me a check to refund the {$30.00} fee that I received from my bank. I've called in at least 7-10 times and spoke with various agents, wait on hold for 45 minutes each time to speak with supervisors, often get disconnected or have no answer, etc. XXXX, one manager that I spoke with told me she would follow up with me daily - I only heard from her once. Each time Loancare has a different request such as the proof of the fee wasn't sufficient. I provided a screenshot showing the fee, I provided a letter from my bank showing that I was charged a fee and for what purpose ( i.e., for the {$2000.00} Loancare stop payment ), and I provided a full bank statement. As of XX/XX/19, I have not received my {$30.00} stop payment fee due to the agent 's error. I have dedicated 10+ hours to resolving this issue and I only hope the CFPB can look into the practices of Loancare , as other customers may be struggling with the same issues of resolving internal issues due to agent errors. Loancare should take responsibility of their agent errors and resolve in a timely manner.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 432XX
Submitted Via: Web
Date Sent: 2019-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I refinanced my home with XXXX XXXX. In XX/XX/XXXX I received and email from XXXX that they were transferring the loan servicing to XXXX XXXX. A new loan number was assigned ; XXXX. Under my original contract with XXXX no late frees would accrue until the payment became past due after the XXXX of the month. The due date is the XXXX. I am on Social Security and my monthly payment comes on the XXXX Wednesday of each month. Up until this transfer I was ever late past the XXXX. Since the transfer to XXXX I have been charged late fees. I have complained to them and demanded return of these fees. They respond that they have a policy for late fees. I advised them they can not unilaterally change the terms of my contract with XXXX and demanded they cease and desist any further late fees and to also return all charged late fees forthwith. They simply respond with a computer no doubt. It is hornbook law that a contract involving real property must me in writing. That would include an modifications. No such modification has been executed and XXXX has taken this contract subject to all of it provisions. Please help. Kind regards, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 49085
Submitted Via: Web
Date Sent: 2020-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I completed a mortgage with Loan Care Services LLC on XX/XX/2009. I recently needed proof of the paid off mortgage and Loan Care has no record of me, my loan number, or my SSN so I can not get the needed paperwork to complete a transaction worth $ XXXX to me. The original mortgage was for a co-op in XXXX, MA and I should have received a note of completed payment as well as my original stock certificate which Loan Care had. No one at Loan Care will help or give me any guidance on getting my information. My credit report shows the mortgage account paid off and closed by Loan Care but without the appropriate documents I can not receive the remainder of my funds from the sale of the co-op. Please help me. I have tried to hire a lawyer, with no luck.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 024XX
Submitted Via: Web
Date Sent: 2020-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: i got a statement in the mail from loancare ( my mortagage company ) on XX/XX/19 saying that i owed excrow of over {$4000.00}. there was a mistake of a charge for {$3300.00} that loancare paid to another servicer in ERROR!! They still havent fixed the problem or havent called me back after numerous attempts. i emailed them, mailed them a letter, and called multiple times. I STILL DONT HAVE AN ANSWER. It was a mistake on their part and they seem like they do want to fix it. i need help really bad, i cant take this anymore.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08075
Submitted Via: Web
Date Sent: 2019-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX, XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, SD XXXX XXXX : XX/XX/XXXX XX/XX/XXXXAcct # XXXXXX ; XXXX Acct # XXXX, Claim # XXXXXX ; LoanCare # XXXX Property Address : XXX XXXX XXXX, XXXX, GA XXXX Background A devastating fire destroyed the house located on borrowers propertyXX/XX/2015. XXXX, the insurer, paid XXXX XXXX, XXXX ( XXXX ), loan servicer for XX/XX/XXXXXX/XX/XXXX, the mortgage payoff amount of {$250000.00} ( Exhibit 1 ). XXXX placed funds into an escrow account to fund home construction. Borrower demolished remains of the home, removed all debris from property, and put new home construction out for bid and hired a general contractor the following year. Builder prepared the lot for construction ( e.g., obtained building permit, graded lot ) and poured concrete foundation walls. However, contractor failed to build according to specifications, violated important contract provisions, and borrower terminated the agreement. Basis for Notice of Error No insurable structure exists on property. Nevertheless, XXXX and subsequent loan servicer LoanCare LLC ( LoanCare ) assessed, calculated, and collected monthly payments that included charges for hazard insurance. Furthermore, Borrower asserts the {$250000.00} mortgage payoff in XX/XX/XXXXeliminated XXXX XXXX economic and insurable interest in the property, with all other mutual contractual obligations remaining in place between the parties. The mortgage payoff amount eliminated all potential risk of loss from XXXX XXXX issuance of borrowers mortgage. Insurable interest is defined as, means any substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment O.C.G.A. 33-24-4. Earth could swallow the property whole making it disappear completely and XX/XX/XXXXXX/XX/XXXXwould be no worse off. Georgia law states, No insurance contract on property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons having, at the time of loss, an insurable interest in the things insured O.C.G.A. 33-24-4 ( b ). Therefore, purchase of hazard insurance subsequent to destruction of the house on XX/XX/XXXX, is senseless, unjustified, goes against Georgia law must be reimbursed to borrower : No insurable structure is present on the property. Any contractual obligation to carry homeowners insurance while mortgage funds outstanding expired in XX/XX/XXXX. Its not possible to purchase insurance on a structure that does not exist. XXXX XXXX or its agent placed mortgage payoff funds from borrower into an escrow account, thereby eliminating the companys insurable interest. Georgia law refuses to enforce insurance contracts that benefit those without, an insurable interest in the things insured. amount thereby and wholly unjustifiable because Fannie Mae lacks an insurable interest in the property. Basis for Information Request Disturbingly, hazard insurance estimates found in XXXX Escrow Account Analysis is radically different from LoanCares over the same period with no change in the property ( e.g., no additional construction occurred ). Specifically, XXXX estimated {$1700.00} for Combined Property Insurance cost on its Annual Escrow Account Disclosure Statement dated XX/XX/XXXX : On the other hand, LoanCares Annual Escrow Account Disclosure Statement dated XX/XX/XXXX, arrives at an estimated Hazard Insurance Disbursement drastically higher than Ditechs at {$7400.00} in XX/XX/XXXX. It strains credulity two loan servicers allegedly acting in good faith could arrive at hazard insurance estimates {$5700.00} apart a mere 122 days from one another. Separately, a closer review of XX/XX/XXXXAnnual Escrow Account Disclosure Statement dated XX/XX/XXXX, reveals additional suspicious entries made to the mortgage escrow account. XX/XX/XXXXtotal We Expected to Pay Out estimates from XXXX through XX/XX/XXXXof {$5300.00} surpass the We Actually Paid Out amount of {$2100.00} by {$3200.00}. An estimated future payment of {$1700.00} for annual hazard insurance in XXXX and another {$1700.00} payment in XX/XX/XXXX XXXX for annual hazard insurance conveniently turned the significant surplus into a deficit. LoanCares Escrow Account Disclosure Statement reveals the company issued no hazard insurance payments in XXXX, XXXX, or XX/XX/XXXX, further supporting the appearance of impropriety by eliminating an escrow surplus with two consecutive {$1700.00} annual insurance-related payments lacking any reasonable basis. Request for Information Please provide requested information on all insurance-related escrow account activities associated with loan servicing for the periodXX/XX/XXXX, throughXX/XX/XXXX, ( review period ) in addition to explaining the fundamental assumptions used in and process for calculation of the Anticipated Annual Disbursement for hazard insurance payments. For purposes of this document, insurance-related includes but is not limited to : Homeowners, hazard, builders risk, or any other insurance products : ( a ) Policies purchased by LoanCare and XXXX in the ordinary course of business servicing the loan using existing or expected funds from borrowers escrow account during the review period ; and ( b ) Any and all force-placed insurance policies purchased by LoanCare or XXXX on behalf of the borrower during the review period ; Escrow account activities includes but is not limited to : Accounting for all insurance-related debit and credit entries made to the escrow account during the review period. Please provide the dates, plain-English descriptions, and dollar amounts for insurance-related journal entries made by LoanCare and XX/XX/XXXXto the mortgage escrow account for each major category ( e.g., Projected Amount or What We Expected to Pay Out ) including any correcting and/or reversing account entries, fees, along with the assumptions ( e.g., CPI, property value ) used determining these amounts during the review period ; Receipt, processing and payment of invoices from insurance-related providers during the requested period. Please provide copies of all insurance invoices received, logs or records of requests to insurance companies for invoices ( if none, please so indicate ) and cancelled checks substantiating payment by XX/XX/XXXXand LoanCare for insurance-related services during the review period ; LoanCare and XX/XX/XXXXproviding proof notice consistent with 12 C.F.R. 1024.37 prior to purchase of force-placed insurance policies. Please provide proof of delivery notices and related information as required by 12 C.F.R. 1024.37 along with all correspondence specifically related to force-placed insurance during the review period. Additionally, please provide complete copies of insurance policies purchased, including named beneficiary, coverage amounts, policy benefits, and exclusions. Loan servicers customarily make one annual insurance payment and the review period is six years ; as such, this request straightforward and reasonable. Furthermore, receiving all requested information from each servicer is critically important to understanding the servicing of the account clearly never professionally reviewed or audited as the dollar amounts are substantial and the estimates from each servicer vary widely. Notice of Error All insurance-related payments made from borrowers escrow account subsequent to XX/XX/XXXX, for the reasons explained in detail above, are in error and must be reimbursed immediately. Receipt of Please provide a complete explanation, a copy of documents relied on in reaching your conclusion, and the name and phone number of the person ultimately responsible for the decision should XXXX or LoanCare arrive at a different conclusion. I can be reached at ( XXXX ) XXX-XXXX or XXXXXXXX if you need to contact me for additional information. Consider this an Error Resolution Notice under 12 C.F.R. 1024.35 and Request for Information under 12 C.F.R. 1024.36. Sincerely, XXXX XXXX cc : XX/XX/XXXXXX/XX/XXXX XXXX Mr. XXXX XXXX XXXX, LoanCare XX/XX/XXXX XXXX XXXX, XX/XX/XXXXXXXX XXXX XXXX XXXX, Office of the Comptroller of the Currency ( OCC ), Federal Housing Finance Agency ( FHFA ), Consumer Financial Protection Bureau ( CFPB ), Housing and Urban Development ( HUD ) Office of Inspector General, HUD Office of HUD, Georgia Department of Banking and Finance, Georgia Office of Attorney General, and Georgia Department of Insurance.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30350
Submitted Via: Web
Date Sent: 2019-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX I called Loancare ( subservicer of XXXX XXXX XXXX XXXX ) to set up a payment plan for my mortgage that was 2 months late. I was told if I canceled I must call to cancel 2days before they take the money at my account. XX/XX/XXXX I'll call to cancel the payment plan I made with Loancare ( subservicer of XXXX XXXX XXXX XXXX ). I stated I was making 2 payments of {$1500.00} on the XXXX and XXXX of XXXX. The representative I talk to stated she cancelled the payment plan and entered the corrected pay amount for XX/XX/XXXX and XXXX. Once both take payments were made my mortgage would have been current. On XX/XX/2019 Loancare ( subservicer of XXXX XXXX XXXX XXXX ) on unauthorized {$2000.00} from my XXXX account. I called on a XXXX XXXX to figure out what happened. The representative stated she saw where the last representative put in both payments for the XXXX and the XXXX, but made a mistake and canceled the wrong payment. The representative asked me to send in my bank statements to show any in NSF fees that I occurred due to the mistake so i would be reimbursed. The representative stated She is canceling the payment plan that was in the system. On XX/XX/2019 Loancare ( subservicer of XXXX XXXX XXXX XXXX ) Unauthorized {$1500.00} from my account.My call to complain at this point my creditors have castle to of my cards in my other creditors started to show delinquent due to this mistake. I was told to file a complaint with Loancare ( subservicer of XXXX XXXX XXXX XXXX ). Once I found the complaint they was going to put money back into my account I have all NSF fees paid in full. On XX/XX/2019 nothing was there resolved. I paid {$3000.00} to cover any back mortgage issues that I occurred in the remaining balance was paid on XX/XX/2019. The representative stated all my past due fees in NSF fees would be refunded and also any issues would be resolved. I called on XX/XX/XXXX, XXXX and XX/XX/2019 there was no response back from the charges credited back to my XXXX account. On XX/XX/2019 I was told by representative with Loancare ( subservicer of XXXX XXXX XXXX XXXX ) they was not going to pay anything and I should be glad they didn't take any legal action. Due to Loancare ( subservicer of XXXX XXXX XXXX XXXX XXXX not handling my account correctly 2 of my credit accounts closed and 5 either went past due or delinquent. Loancare ( subservicer of XXXX XXXX XXXX XXXX ) knowing their employees made a mistake, and would not correct the actions of them. Loancare ( subservicer of XXXX XXXX XXXX XXXX ) fraudulently took funds from my account and never corrected the issue at hand.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30253
Submitted Via: Web
Date Sent: 2020-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX, LoanCare sent me a letter with instructions on where to send future principal reduction payments ( their term is " principal curtailment '' ). On XX/XX/XXXX, I mailed a principal reduction payment to the address contained in LoanCare 's letter from XX/XX/XXXX. On the check itself, it's noted as a principal reduction, on the post-it note, it's noted as a principal reduction and in the letter to Loancare, it's noted as a principal reduction in red letters and underlined. On XX/XX/XXXX, LoanCare cashed the check and didn't apply it to anything, just noted it as a payment. I called and left a message with the phone number and extension from LoanCare 's letter to me ( XXXX ) XXXX-XXXX ext XXXX. On XX/XX/XXXX, LoanCare applied the principal reduction payment as 2 future payments and a partial principal reduction ( {$52.00} out of {$2400.00} ).
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: HI
Zip: 96815
Submitted Via: Web
Date Sent: 2019-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Escrow Errors : I was notified by mail in XX/XX/2019, that my escrow account was short in the amount of {$4600.00}, and that I had 2 options to make this payment : 1. To pay the {$4600.00} in full right away. OR 2. My monthly mortgage payment beginning XX/XX/XXXX, would increase from {$1500.00} to a new monthly payment of {$2200.00} I made a phone call to LoanCare on XXXX XXXX, spoke to a customer service representative who advised that I did not owe {$4600.00} and in fact needed to pay {$5300.00}. I made the full payment over the phone on XX/XX/2019 in the amount of {$5300.00}, thus, causing my new monthly payments, effective XX/XX/2019, to increase to {$1800.00}. Payment Errors : In XXXX I began receiving notices that my mortgage was late. After making my first phone call of many to LoanCare, I was told that my monthly payments were never adjusted even after my escrow was paid in full. LoanCare was collecting and holding my payments of {$1800.00} and deducting {$2200.00} from the holding account to satisfy the payment for 1 month, that began XX/XX/2019. This is still an issue even after several conversations with their staff to correct the issues. I also called on NUMEROUS occasions to have payment history corrected and ask that LoanCare contact the Credit Bureau to correct their reporting that my payments had been late. ( see evidence of payment below ) We are now at the End of XXXX and THESE ISSUES HAVE NOT BEEN RESOLVED.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92377
Submitted Via: Web
Date Sent: 2019-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am writing as the issue that I faced with Loancare LLC. that was supposed to be corrected in XX/XX/XXXX has not been corrected. Below I have included a recap of the previous issue that I report to the CFPB that Loancare LLC. responded to stating that they would correct the issue. I received a letter on XX/XX/XXXX from XXXX XXXX stating that the issue was resolved, and that my mortgage was adjusted to the correction. Though I received notice in writing that the error was corrected, as of today ( XX/XX/XXXX ) I am still on the phone ( after 2 hours ) dealing with the issue. Below is the initial complaint, along with the update of events that have been occurring since : Subject : Loancare LLC. Mismanagement of Mortgage Escrow Account I am writing regarding my mortgage servicer, Loancare LLC. While logging into my online account to process my XX/XX/XXXX mortgage payment, I saw that Loancare LLC. increased the amount of my mortgage payment by {$250.00}. On Friday, XX/XX/XXXX I called the customer support line to inquire about, and resolve the discrepancy in the payment amount. I was able to speak with their representative, XXXX, who explained to me that LoanCare posted {$3300.00} to my escrow account on XX/XX/XXXX in error. She further explained that the error wasnt caught until XX/XX/XXXX when the {$3300.00} was withdrawn from my escrow account ; which put the escrow account into a negative status because of an escrow reimbursement that was made to me in XX/XX/XXXX. I asked why and how this occurred, and all she was able to tell me is that LoanCare made an error. I was told that the error was being escalated for review, and instructed not to pay my mortgage until the error had been resolved. Today is XX/XX/XXXX, two months after my initial phone call, and the issue has not been resolved. I have since called to follow up in attempts to resolved the discrepancy, and pay my mortgage over 15 times. Most notably on the following dates, and having spoken to the following representatives : XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX & XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX Ms. XXXX All of the representatives listed above have told me that the error is on Loancare LLC. ; however, they are unable to rectify the issue aside from me paying the {$3300.00} to Loancare LLC. Since this was an error made by LoanCare, I should not be penalized and forced to pay more in my mortgage. Ive honored the payment agreement each month, paying my mortgage payments on time. Loancare LLC. needs to adjust my escrow amount to remove the negative balance, and adjust my mortgage back to the original amount as the error in the escrow account was caused by Loancare LLC. I should not have to pay for Loancare LLC 's careless management of my account. ***UPDATE : As of today, XX/XX/XXXX I am still facing the same issue with Loancare LLC . I received another letter in XX/XX/XXXX/XX/XX/XXXX stating that they reviewed my escrow account and adjust my mortgage rate again for the same error that they were supposed to correct in XX/XX/XXXX. I proceeded to call and left several messages for XXXX XXXX ( from the Office of the Customer at Loancare LLC. ). After several message left and attempts to reach XXXX, I called the main customer service number on XX/XX/XXXX and spoke to the service representative, XXXX. - XX/XX/XXXX at XXXX - XXXX stated that the request to correct the escrow was never submitted by XXXX or anyone else from Loancare LLC. , and that he would submit the request while I was on the phone. He then stated that the issue would be resolved and that I would be able to call on XX/XX/XXXX to pay my normal mortgage payment. He assured me that everything would be corrected and that I would be able to make the payment on XX/XX/XXXX -XX/XX/XXXX at XXXX - I called Loancare LLC. to confirm that their error had been resolved, and that I would be able to make payment. -XX/XX/XXXX at XXXX - XXXX or XXXX ( the exact name escapes me ) answered the line. After having explained the situation to her, she informed me that the issue had not be resolved, and that I would need to speak with a Manager. She placed me on hold. -XX/XX/XXXX at XXXX - XXXX ( assuming resolution Manager ) answers the phone. I explain, yet again, the information to XXXX. He stated that he was able to see the notes, but nothing has been resolved. At XXXX XXXX asked if he could place me on hold for a few moments. A few moments turned into 15 minutes before XXXX hung up the line, and I was forwarded to the survey. -XX/XX/XXXX at XXXX - I call back to be directed back to XXXX. I explain to the service agent that I refused to explain the situation for a third time today, and just wanted to be connected to the person that was " looking into the issue '' for me. As of right now ( XX/XX/XXXX at XXXX ) I am still on hold for over 30 minutes at this point. - XX/XX/XXXX at XXXX XXXX ( Service Manager ) answers the call, and I briefly explain the entire ( since XX/XX/XXXX ) situation to her. At XXXX she places me on yet another hold to look into the situation. I am still on hold at this point awaiting resolution, but seeing as though I have been through this issue several times over, I do not trust that the issue will truly be resolved - XX/XX/XXXX at XXXX - XXXX returns from hold and asks me to explain what happend. I begin to explain the sitaution in detail, and XXXX cuts me off. You would think that after all that i have gone through with Loancare LLC. 's error and having been on the phone on holded for well over 2 hours today alone, she would at least let me finish talking. Not the case. Definitely the worst customer service interaction that I have ever received. My entire interaction with Loancare LLC. has been unacceptable, and this issue needs to be resolved. I do not trust that they will resolve the issue, as they did not the first time. I would think that lying to the CFPB would be against some sort of law. Immediate action needs to be taken! Adjust the escrow account balance to correct Loancare LLC. 's error, and transfer my account to reliable and trusted loan servicing center since Loancare LLC. is not capable of handling my loan.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19131
Submitted Via: Web
Date Sent: 2019-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-26
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In case XXXX the responsibility for mortgage was assigned to XXXX XXXX XXXX XXXX failed to make payments until the home was sold on XX/XX/2019 I am asking that late payment activity is removed from my credit report and the case holds me harmless from responsibility
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 613XX
Submitted Via: Web
Date Sent: 2019-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A