Date Received: 2019-12-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Since LoanCare aka XXXX took over my mortgage from XXXX who went through bankcruptcy. I constanly got charged with late fee. Before XX/XX/XXXX my principal and interest was {$610.00} Escrow was {$170.00}. I have my bank send automatic payment of {$200.00} weekly, that was more than enough to cover the monthly bill, however XXXX still charged me {$30.00} late fee. XX/XX/19 I requested to drop the Escrow, I will pay Escrow by myself from that day forward, so starting XXXX I only required to pay {$610.00} however my bank continue to sent in {$200.00} a week and they still charged late fee, they receive minimum of {$800.00} a month for {$610.00} mortgage bill, I been paid XXXX this way for years and never have any problem. I have call them multiple time to request them to drop the late fee but they keep getting me run around. Early XXXX I inform XXXX represenative that I have requested my bank to send automatic payment to XXXX {$610.00} two time a month which is double the amount required. Yet they still charge me late fee for the month of XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85323
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: LoanCare, LLC Attn: Mortgage Resolution XXXX XXXX XXXX XXXX XXXX, VA XXXX COMPLAINT REGARDING FAILURE OF SERVICER TO ACKNOWLEDGE AND RESPOND COMPLETELY WITHIN THE REQUIRED TIME FRAME TO R.E.S.P.A. QUALIFIED WRITTEN REQUEST Dear Sir or Madam: Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e). Now, we urge LoanCare LLC to understand its obligations and to acknowledge this QWR and our complaint properly and completely and respond to its ENTIRETY and WITHIN the required time frame. Specifically, we are disputing: a) the identity of a true secured lender/creditor, and b) the existence of any and all debt, and c) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor. You have not provided this information to us as previously requested and we are therefore requesting it again. Additionally, we are asking you and any and all subsidiaries, affiliates, and vendors to be fully aware of state and federal obligations and we are requesting immediate cease and desist of any further tactics to illegally gain control over our property. Therefore any further telephone communication shall be considered harassment and in violation of 15 USC Section 1692d and is subject to further State and Federal penalties. Therefore, again pursuant to “Subtitle E Mortgage Servicing” of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1), please provide: 1. A full, double sided, certified “true and accurate” copy of the original promissory note and security instrument and all assignments of the security instrument. 2. Full name, address and telephone number of the actual entity that funded the transaction. 3. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates. (Note: If the note number is being traded in a Fannie Mae Trust or Freddie Mac Trust, please provide all information to identify the Trust (i.e. Fannie Mae Pool Number, CUSIP Number, REMIC or SMBS Trust Number and Trust Class/Tranche). 4. Full name, address, and telephone number of the Trustee. 5. Full name, address, and telephone number of the Custodian of our original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act. 6. Full name, address, and telephone number of the Custodian of our original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act. 7. A physical location (address) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents. 8. Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account. 9. The electronic MERS number assigned to this account if this is a MERS Designated Account. 10. Proof of true sale of the note from alleged Lender to investors, by showing: Wire transfer document(s), and/or Signed purchase and sale agreement(s), Bank statements or similar documentation. 11. Provide an audit trail of the alleged transfer in ownership and alleged transfer in security interest and evidenced in the MERS Milestone Report and, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems. Please provide all information regarding MERs and the servicer compliance with the provisions of any and all MERS Member Agreement, Rules, and Procedures. 12. A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts (i.e. principal, interest, suspense, escrow, etc.) payments were applied. 13. A complete and itemized statement of all advances or charges against this account. 14. A complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter. 15. A complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company or any related company, the amount of commission received for each force-placed insurance event, and an itemized statement of any other expenses, related thereto. 16. A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account. 17. A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan. 18. A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account. 19. Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof. 20. Complete copy of any transaction report(s) indicating any charges for any "add on products" sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter. 21. Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter. 22. Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter. 23. Complete, itemized statement of the current amount needed to pay-off the alleged “loan” in full. 25. Verification of any and all notification provided to us as of a change in servicer. You should be advised that within FIVE (5) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY (30) DAYS to fully respond as per the time frame mandated by Congress, in “Subtitle ‘E’ Mortgage Servicing” of the ‘‘Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1). TRUTH – IN-LENDING ACT § 131(f)(2) Pursuant to 15 U.S.C. § 1641 (f): Please provide the name, address and telephone number of the owner(s) of the mortgage and the master servicer of the mortgage. LoanCare should be advised that Violations of this Section provides for statutory damages and reasonable legal fees. The amendment also clearly provides that the new notice rules are enforceable by private right of action. 15 USC 1641
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 023XX
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Loan Reference : XXXX ( interest only loan ) Hello I have had a previous complaint ( XXXX-XXXX ) with this company which has not been resolved and have attempted to reach out to my assigned representative and left voicemails with no response. ( XXXX ext.XXXX ). The mortgage payment process is still erroneous on my account. The {$75.00} principal payment never got applied and it is only showing I've paid {$34.00} towards the principal on this loan. And after the letter submitted to me late XXXX by Loan Care my account reflected a {$0.00} payment due for the month of XXXX. But for the subsequent months of XXXX and XXXX the amounts due have been {$48.00} and {$49.00} to include erroneous late fees, as opposed to the {$24.00} it should have been. Yes I said XXXX as that is the due date on the most recent statement I received. For the month of XXXX I submitted {$49.00} but I will not continue to support this kind of unwarranted and illegal price gauging. My original complaint : YOUR COMPLAINT Loan care billing system is not updating their system to reflect up to date payments made on my account and customer service has been unable to help and fix it since XX/XX/XXXX : Hello can you all please pull up the notes on my account with loan number XXXX ( interest only loan )? It has been escalated ( reference/ticket number is XXXX ) but no one person I have spoken with has been able to fix the issues with my loan account. I have called and spoken with customer service reps on several occasions since XXXX as well as a manager finally by the name of XXXX XXXX on XX/XX/XXXX. He said if a payment is made on the same day, Loancare 's system voids it out. That is not clearly expressed on the website or the mobile app. This is what happened in the case of my XXXX payment. On the site I made two payments on the same date but the system only accepted the {$50.00} principal. Unbeknownst to me the {$24.00} was never drafted out of the account. He apologized and said to rectify things he would split the {$50.00} principal only payment received and reapply {$24.00} to the interest only payment that was due for XXXX and the difference to the principal. I see where the reversals were done on XX/XX/XXXX and XX/XX/XXXX but my account is still marked delinquent. Now when I log in to the system it says my XXXX mortgage was never received although I paid it XX/XX/XXXX. On the payment screen it says I now owe {$60.00} ( {$49.00} for mortgage payment and {$10.00} in fees ). At this point if you all applied a payment for {$24.00} on XX/XX/XXXX and I have already made a {$35.00} payment on XXXX I do not understand why it is showing that Loancare hasn't received up to date mortgage payments. I last spoke with one of your agents on XX/XX/XXXX and after placing me on hold for 22 minutes she kindly hung up on me. Your help would be appreciated!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30228
Submitted Via: Web
Date Sent: 2019-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Loan was under originated under a another company. current loan Loan Care took loan on XXXX. Loan Care is saying that i own a payment for XXXX which was paid to previous mortgage company. Loan Care has reported to my credit that i am over 30 days late which I am not and will not fix the problem. I have sent multiple documents including bank statement to prove that payment was made.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 760XX
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-01
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: There are 2 mortgage accounts that have appeared on my credit report that were included in bankruptcy and should never have appeared. This has caused significant problems with my credit scoring as the other accounts included in the bankruptcy in XX/XX/2013 are about to drop from my credit file. XXXX XXXX XXXX , XXXX has 2 accounts listed that need to be deleted
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CT
Zip: 06010
Submitted Via: Web
Date Sent: 2019-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was recently switched from the XXXX XXXX XXXX XXXX to XXXX loan servicing c/o Loancare for my mortgage. I did not apply for this change but I understand that mortgage servicers can sell loans. Since the start of my mortgage, I have auto-paid half on the XXXX of the month ( or close thereafter based on bank availability ), the remaining half on the XXXX of the month ( or immediately thereafter based on bank availability ), for payments that are due the subsequent XXXX of the month. For example, for a mortgage payment that is due XX/XX/19, I paid half on XX/XX/19, the remaining half on XX/XX/19, and the mortgage due XX/XX/19 was paid with those proceeds. Loancare recently received a half-payment XX/XX/19, a second half payment XX/XX/19, for a mortgage payment that was due XX/XX/19. Instead of applying the amounts to the payment, they chose to misdirect my first half-payment on XX/XX/19 to unapplied principal, which was not at my request or discretion. This caused the payment due on XX/XX/19 to be listed as " late '', with an additional {$1100.00} still owing. I would like you to punish Loancare servicing for making this change that was not in accordance with how my past payments have been processed. I would ask you to force them to reverse whatever the XXXX they did with the XX/XX/19 payment and apply it to the regular mortgage payment. I would ask you to force them to make any corrections with the credit reporting bureaus that might have occurred due to their errors.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: WA
Zip: 98292
Submitted Via: Web
Date Sent: 2019-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My home mortgage was transferred to XXXX XXXXLoanCare LLC from XXXX when XXXX filed for bankruptcy. I have lived in my home for almost 20 years and have had a late payment from time-to-time, but no major issues. The transfer process was confusing. I wasn't sure where to send my payments or even what I account number was. Once I found the information, I sent a payment on XXXX XXXX for {$610.00} via bill pay with my bank. The payment was returned on XXXX XXXX. I did not immediately notice that the payment was returned. I made another payment on XXXX XXXX for {$610.00} via bill pay with my bank. That payment was returned on XXXX XXXX. Again, I did not immediately notice the return in my account. I never received a phone call or email message from LoanCare. The first letter I received was mid-XXXX when I was notified that I had missed 3 payments. Once I realized what had happened, I called LoanCare ( XXXX XXXX, I believe ) and paid over the phone. They only allowed me to make 2 payments ( I'm not sure why ). At that time, I found out my account number had changed. I suspect that is why my XXXX and XXXX payments have been returned. This payment cleared my bank account on XXXX XXXX. I tried to pay on LoanCare 's website to avoid all of this, but because my account is past due, I am unable to pay online. It seems like they are making it as hard as possible for me to make a payment. I updated the information with my online bill pay and paid XXXX, XXXX, and XXXX 's payments via online bill pay again : {$2000.00} on XXXX XXXX. LoanCare has not credited this payment to my account. I am working with my bank to obtain proof of payment ( which I should have early next week ). At this point, I can not pay over the phone because the {$2000.00} that I sent on XXXX XXXX is no longer in my account and I don't have the funds to make a payment today. The problem is that LoanCare has my status as 3 payments past due and they could begin foreclosure at any time. They said there's nothing more I can do until I submit proof of payment ( which I should have early next week ). When I asked the Collections Department if there was anything more I could do there was a long silence and then she asked, " Is there anything else I can help you with? '' I asked my question again she did the same thing. It felt very rude, and almost like she wasn't listening to me. You don't have to search the Internet very hard to find multiple complaints about LoanCare. My experiences so far ( from the start of my mortgage transfer until today ) match the other comments I'm seeing online.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I own a co-op apartment that I am trying to sell. On XXXX XXXX, 2019, I put my apartment on the market. That same week, I got a notification that my mortgage had been sold to XXXX and would be serviced by LoanCare. I accepted an offer on the co-op and went into contract on XXXX XXXX. The same day, I notified LoanCare via conference call with my attorney that I was selling the property and we requested the stock and lease and followed all of their instructions. I received two notices in the mail that my request had been received and acknowledged ( dated XXXX XXXX and XXXX XXXX ). Since then, no action has been taken on the part of LoanCare to produce the stock and lease and they have refused to coordinate with my attorney to set a closing date. Both myself and my attorney have called them many times ( every business day for the past several weeks ) and every time are told that there is no update. They have said that they would " escalate '' the request, but still nothing has been done. On Friday XXXX XXXX, I spoke with a supervisor who told me that she could see digital copies of all of the documents XXXX received when they purchased the loan and that the stock and lease were not among those documents. I asked if that meant they were lost, and explained ( as I have done multiple times now ) that the documents themselves can be replaced if that is the problem. She informed me that it appeared they were lost and made a note in my file that the documents were missing and that we would like to close without them. On Mon. XXXX XXXX and today ( the XXXX ) my attorney contacted them to have see if we can proceed without the physical documents, request them to complete an affidavit of lost stock and lease ( needed to replace them at closing ) and move ahead with scheduling a closing date. Their response, once again, was that they don't have an answer yet. They refuse to cooperate with myself or my attorney, refuse to schedule a closing date and refuse to communicate at all. This request was made XX/XX/XXXX and in the two and a half months since, no action has been taken on their part to complete it. My estimated closing date was XXXX XXXX. My buyers ' interest rate lock expired yesterday ( I do not know if they paid to extend it ). We are not able to close before XXXX XXXX and as of this weekend we will be in breach of the contract. My buyers are threatening to walk away and very soon they will be able to. We have been ready to close since the end of XXXX and LoanCare will not let us. They are quite literally holding my property hostage and my sale is about to fall through because they will not allow us to complete it for unknown reasons. Meanwhile I am forced to continue to pay them interest on a mortgage which should have been closed out weeks ago. I can not afford to indefinitely continue paying my mortgage and maintenance on an apartment in which I no longer reside while also paying for my current home.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 10703
Submitted Via: Web
Date Sent: 2019-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Trying to resolve extra {$290.00} I was charged in interest and late fees because Loan Co took 2 months in delaying accepting my full pay off of {$47000.00} on loan payoff in full. I have corresponded with the company since XX/XX/2019, my last correspondence was a call I made XXXX-19 to XXXX about a letter from the Loan Co dated XXXX-19 stating they would resolve the issued within 30 days in compliance with federal law. I still am not getting any resolution, correspondence or phone calls back from them. I have called the company 11 times but never get any answers and calls are promised to go to supervisors expediting the complaint but I never receive any answers back. Attaching copies of letters, ledgers and now 5 months trying to resolve the pay off issue but had to pay additional {$290.00} due to the companies delay in posting my payment.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: KY
Zip: 402XX
Submitted Via: Web
Date Sent: 2019-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was sold to Loancare almost immediately after I closed on my condo and it has been a year-long nightmare. Up until now I have been able to resolve issues directly with this company, but I am now at a dead end. I believe that Loancare illegally forceplaced me into an unnecessary insurance plan ( s ), an action for which they have previously been sued. ( see attachment on class action lawsuit as well as another attachment where loancare was penalized for deceiving consumers ). I received two letters from Loancare dated XX/XX/19 stating erroneously that there is no flood coverage on my property and also that " comprehensive windstorm '' insurance has expired and they plan to purchase this unless I purchase an additional plan. ( see attached ) I immediately contacted my homeowners association who sent copies of the comprehensive flood and hazard policies that cover, among other things, wind damage. ( see attached ) I received a letter from Loancare dated XX/XX/19 stating the flood and wind coverage they ordered " on my behalf '' have been cancelled. ( they could clearly see my flood/wind coverage is more than sufficient ). ( See attached ) I received another form letter from Loancare dated XX/XX/19 stating my flood coverage is insufficient. ( see attached ) I sent letter to Loancare on XX/XX/19 requesting clarification regarding their confusing and contradictory correspondence. ( see attached ) On XX/XX/19 I called Loancare on another issue : they took money out of my escrow on XX/XX/19 to pay my condo insurance that was due XX/XX/19 and did not pay it. I spoke to XXXX who stated check was sent. I also asked her if the issue with my flood insurance was resolved and she said it was not her department, that I needed to speak to the insurance department. I asked her to please lodge a complaint that I have still not received substantive response regarding my letter that was sent XX/XX/19. XX/XX/19 I received a call from XXXX at Loancare insurance department stating they did receive my flood and hazard insurance, and it appears my coverage is sufficient. I advised her that I would hold off on filing complaints with regulatory agencies as she stated they are resolving my issue. XX/XX/19 I checked my email and noted and email from Loancare dated XX/XX/19 stating they took {$20.00} from my escrow for " earthquake/other hazard insurance ''.??? ( see attached email ) XX/XX/19 I signed into myloancare.com, and it appears that I have been forceplaced into earthquake, flood, hazard and " other property '' insurance. ( see attached printout ) XX/XX/19 I called Loancare again, finally got a rep on the phone named XXXX who stated she could not see anything about earthquake insurance but stated it did appear I was forceplaced into flood insurance. Advised XXXX that Loancare previously confirmed they received copies of my flood/hazard insurance and sent me a letter indicating they would NOT be forceplacing me into additional policies. XXXX stated she would put me on hold while she looked into this, and then she disconnected the call. I called back, spoke to another rep named XXXX who stated she would " only see that there is a charge for {$20.00} for flood insurance ''. I advised her that I previously received letter from Loancare stating they cancelled the flood/wind coverage they ordered " on my behalf '' as they were forced to admit that my policies were sufficient. She indicated there was not much she could do. I also called my homeowner 's association and was advised that no other homeowners have been illegally forceplaced into unnecessary insurance plans. I would have NEVER chosen this company, but am FORCED to deal with them because my loan was sold. I plan to file complaints with as many regulatory agencies as I can find, and will eventually file suit against them if they do not immediately refund my money and stop this nonsense.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 07109
Submitted Via: Web
Date Sent: 2019-11-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A