CARRINGTON MORTGAGE SERVICES, LLC

2017-04-27

Palos Park, IL

Trouble during payment process

Mortgage: FHA mortgage

Complaint: In XXXX or XXXX of XXXX , Carrington sent me an escrow statement, and explained that my homeowner 's exemption had expired, which resulted in my mortgage payment being raised by over {$300.00}. They told me to g o to my county and ap ply for another exemption, send them the receipt from the transaction, and they would adjust my phkebt. I proceeded to go to the XXXX County Courthouse to file for another exemption, which was granted. I sent the paperwork to Carrington, and they told me that they could not accept it, a nd that the county need ed to send it directly to them ( whic h the county doe s not do ). In the meantime, I was faced with paying the high payment due to them not adjusting my payment as they promised. They said that there was nothing that they could do, even after I tried to send them the {$1400.00} check tha t the county se nt to me as a result of the overpayment. They told me that I would just have to pay the higher payment that I could not afford until the next year. I countinuously called, and finally they lowered the payment a little bit by stretching the escrow shortage out over 24 months, and causing more interest accrual for that period. This is all in effort to make more money off of the customer. I then called at least 10 more times, which is documented in their system. I was calling almost every week since last XXXX . They have been marking my veesoy report 30 days pat doe, because they set me up for an impossible mission of paying this high amount even though I tried to send in the escrow shortage, which they refused. My credit is now RUINED because of them, and I want them to own the mistake and fix the Lates on my credit. After months of being told that there was nothing that could be done, I called in last month, only to be told that they could have given me a forebearance in the first place. I am LIVID. Now I have to wait years for my credit to rebound because of a lack of competent customer service agents. Please help me fix this!
Company Response: Closed with explanation

Timely Response

2017-04-27

Denver, CO

Closing on a mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-04-26

Yucca Valley, CA

Communication tactics

Debt collection: Mortgage debt

Frequent or repeated calls
Company Response: Closed with explanation

Timely Response

2017-04-26

Colo Spgs, CO

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: We are behind on our mortgage with carrington mortgage service because of following what XXXX told us to do when we were doing s modification with XXXX ( XXXX had told us not to make a payment while they were doing the modification ) during that time our home was hit by a major hail storm. Insurance put carrington & is on the insurance check. Carrington has our funds that we need to fix our home & will not release them. We have done everything that they want us to do, but every time when we 've done that they change the rules. Currently we are trying to get our home painted. Did everything they asked but now carrington is telling us that we have to hire a licensed contractor to paint it. No painting company is licensed! & by telling us to hire a contractor that is licensed the painter will be a sub & it will add thousands to the cost, that carrington say we will have to pay! I believe what they 're doing is no different than what XXXX did! By forcing us to pay thousands extra we ca n't catch up on our mortgage! They are doing this to hundreds possibly thousands of people! Forcing them to go into foreclosure
Company Response: Closed with explanation

Timely Response

2017-04-26

Austin, TX

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account status incorrect
Complaint: COMPLAINT This is a complaint against Carrington Mortgage Services, hereaft er Carrington, for fa iling to apply my funds properly when received to my mortgage and for reporting my account as past due for XXXX XXXX and XXXX XXXX . On Exhibit A is a copy of the XXXX XXXX invoice from Carrington for {$290.00} ( please note that XXXX XXXX payment was {$470.00} See Exh ibit A-1 ). The copy shows my payment on XXXX XXXX , XXXX of {$290.00} through their online service. On Exhibit B is the em ail Carrington sent to me acknowledging receipt of payment. Without notice to me and without permission from me, Carrington placed my on time payment into unapplied funds or suspense. Next, I received a letter from Carrington c laiming they have not received my payment of {$290.00} and my payment is late ( Exhibit C ). Note my indications in the right hand corner that my payment posted to my bank, XXXX XXXX XXXX , on XXXX XXXX , XXXX with ID XXXX . This is outrageous, particularly when Carrington is holding my money in suspense without notice or my permission. I responded by letter ( E xhibit D ) dated XXXX XXXX , XXXX advising them that their past due letter was completely inaccurate and false and when my payment cleared my bank, XXXX XXXX XXXX . They did nothing. I have tried calling Customer Service numerous times and was told they would handle it. As an example, I am enclosing my notes from speaking with XXXX at Carrington on XXXX XXXX , XXXX at XXXX pm ( Central ) ( Exhib it E ). XXXX told me my money was in suspense and he would apply it to the XXXX bill. The balance after that application would be {$280.00} in the escrow account because the XXXX taxes overdrew the escrow account. XXXX said he would send a letter of final payoff and the letter of overdue payment was in error. His ID # was XXXX . Carrington did nothing. Next, I received a XXXX XXXX statement claiming that I owe {$890.00} ( Exhibit F ). Another falsehood. Under Explanation of Amount Due it shows {$290.00} ( whic h I have already paid in XXXX XXXX ). Note that the same amount is under suspense balance in Accou nt Information. Also under Amount Due i s Overdue Payment {$590.00}. If I paid off the loan in XXXX XXXX , how can I owe nearly {$600.00} at this time? At no time did I not make the payment requested in XXXX XXXX . There is no explanation whatsoever of ho w Carrington ca me up with {$590.00} overdue because I did not owe that much. It should be like the {$280.00} that XXXX came up with earlier from the escrow account overage. Please note that the taxes were not paid by Carrington a t the time they sent the XXXX XXXX invoice for {$290.00}. Carrington did not make payment on the taxes until XXXX XXXX , XXXX . Exhibit G is a letter from Carrington dated XXXX XXXX , XXXX . Please note it is written 32 days after my first complaint was received. Carrington indicates that because the payment would liquidate the principal balance the payment could not be applied and they would remove the late charges. No Mention of reporting the XXXX XXXX and XXXX XXXX payments as late and significantly decreasing my credit score. Thi s is utter nonsense. If this was their reasoning they should have stated up front with their XXXX XXXX invoice but they did not. Also contained in Carringtons letter of XXXX XXXX , XXXX was a payoff stateme nt ( Exhibit H ). Notice that they claim the loan is due for the XXXX XXXX , XXXX payment even though they already had the money. Also notice that the only interest that could be due was {$0.00} which was due on the XXXX XXXX invoice but they charged {$1.00} in interest or {$1.00} extra because they held my money in suspense and refused to give me credit for the XXXX payment. On XXXX XXXX , XXXX as soon as I received their payoff statement, I sent a bank wire from XXXX XXXX XXXX for {$280.00} ( Exhibit I ). Even thoug h, Carrington he ld my XXXX payment in suspense and refused to give me credit and refused to provide me with a payoff in XXXX XXXX , a s Carrington promis ed, they are still showing my payments as being late for XXXX XXXX and XXXX XXXX . I consider this to be a violation of the Federal Fair Credit Reporting Act and the Texas Deceptive Trade Practices Act. I am requesting that you sanction Carrington Mortgage Services and order them to correct their outright lies to all credit reporting agencies and show that all of my payments were on time and never late.
Company Response: Closed with explanation

Timely Response

2017-04-26

Cherry Hill, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-04-26

Bryan, TX

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account information incorrect
Company Response: Closed with explanation

Timely Response

2017-04-25

Magna, UT

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2017-04-25

Birchwood, TN

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Six months after Carrington Mortgage took over my account from XXXX , they posted a delinquent account to my credit report.I have always paid this bill before or right on the first of the month.N o one said i was ever behind in my payments, nor was i given any notice.Apparently, they thought i sho uld pay both them and XXXX during their transition.I am angry and my credit rating went down XXXX points.This is both unfair and harmful to me.
Company Response: Closed with explanation

Timely Response

2017-04-25

Oxford, GA

Struggling to pay mortgage

Mortgage: FHA mortgage

Complaint: Due to loss of job and divorce I got behind on payments. I realized that I could n't catch up so I listed the house for sale with XXXX XXXX as a short sale in XXXX 2016 . They got an offer shortly thereafter which was over the listing price. They contacted the servicer and tried to initiate the short sale but have never received a call back for the loss mitigation department fro m Carrington Mortgage Service. They have tried to contact the executive office and no one will assist with pu tting them in contact with anyone in corporate. I filed bankruptcy once to stop the foreclosure but the realtor is still not able to get in touch with anyone from the lender.
Company Response: Closed with explanation

Timely Response

2017-04-25

Patterson, MD

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: The lender initiated foreclosure within the early intervention period in violation of Regulation X, 12 C.F.R. 1024.41 ( f ). Your client failed to provide our client with a Post-Foreclosure Referral Notice in violation of 12 C.F.R. 1024.39 ( b ) - The client was approved for a loan modification and made his trial pmts - the lender removed the file from an approved mod status stating he did not provide the death certificate in time for the modification to be completed - then set a sale date on the property.
Company Response: Closed with explanation

Timely Response

2017-04-25

TX

Trouble during payment process

Mortgage: FHA mortgage

Complaint: I accidentally paid my mortgage twice i n one mon th ( due to their system not showing to have received my bank 's " bill pay '' check on time ). They processed both payments at the same time a couple of days after the second payment was made. I called to ask for a refund on the second payment, as it was made in error. They informed me that I would need to submit a written letter, along with a bank statement, faxed or mailed, and that a refund would be issu ed in 20-30 business days. They would not even handle the request over email or over the phone, the bank statement and letter had to be faxed or mailed. Upon asking them to apply the mistaken payment towards next months payment, they said that they were unable to do so, that I would need to call back after next month 's payment was due - they gave some excuse along the lines of having to hold the money in an 'un-allocated funds ' bin, and that I would need to call them in 3-4 weeks to re-allocate the money. I was told that even applying it to principal would not count t owards the following month 's normal payment schedule. In an era where money can be transferred electronically in a matter of seconds, I do n't feel that it 's fair to hold my m oney hostage for a minimum of 20 days, and require a written, mailed or faxed letter to initiate the refund request. The whole exper ience is unnecessarily complicated. I feel that all of these requirements and barriers are engineered to confuse and perhaps trick consumers into paying additional fees - late payments, online/phone payment fees and/or allow them to hold the funds for internal short-term investments.
Company Response: Closed with explanation

Timely Response

2017-04-20

Palos Park, IL

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Complaint: XXXX XXXX , whom we do not and never have held a mortgage with, erroneously paid our XXXX XXXX County property taxes and is seeking reimbursement. I confirmed XXXX XXXX made the payments with the XXXX County Treasurer 's Office. On XXXX / XXXX / XXXX , a XXXX XXXX Claims Processing Representative explained our tax ID # is similar to one of XXXX XXXX 's customers ( differs by a digit ), thus, XXXX XXXX paid our property taxes in error. Based on internet research, XXXX XXXX has made many errors in regards to property tax payments. Initially, our mortgag e ( a FHA loan ) was with XXXX XXXX XXXX . The following were escrowed in the loan : our home owners insurance, mortgage protection insurance, and property taxes. Historically, XXXX XXXX XXXX made our property taxes to XXXX County without issue. However, when XXXX XXXX XXXX made our XXXX property taxes, the payments were returned as they had been paid by XXXX XXXX . XXXX XXXX XXXX failed to question the returned payments. Instead, they held the funds in our escrow account and issued partial refunds to us in the form of checks. When we received the refunds checks, we contacted XXXX XXXX XXXX for an explanation. Customer Service simply stated that the refund reason was for an " escrow overage. '' They did not offer any further explanation and did not state our tax payments had been returned. XXXX XXXX XXXX sold our mortgage to Carrington Mortgage Services, LLC in XXXX of XXXX . Our mortgage went to Carrington Mortgage Services, LLC 's books with an escrow balance. Carrington Mortgage Services, LLC issued us an escrow refund check, however, no explanation have been obtained from them. On multiple occasions, we 've contacted XXXX XXXX XXXX and Carrington Mortgage Services, LLC to reconcile the escrow accounts and to resolve the issue. However, they have failed to respond or work with us on reaching a resolution.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-20

Cherry Hill, NJ

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-20

Macclenny, FL

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: XXXX XXXX Carrington provided the cash payment amount required to bring the property out of Foreclosure to Attorney. Payment agreed to and paid in full. Carrington was to provide information to Attorney regarding the Claim of an Escrow Account deficiency with validation from XXXX XXXX XXXX and certify its correctness. Carrington has been unable to provide the validation to Attorney. Carrington was to provide payment plan ( 4 to 5 years ) upon validation of the Escrow Account deficiency. Carrington has been unable to provide the payment plan to Attorney. XXXX XXXX Phone call attempts starting in XXXX XXXX to Carrington about the Escrow Account status. Carrington had no supporting information for Attorney. Made several phone calls starting in XXXX XXXX to Carrington to validate the monthly payment amount of {$2300.00} Carrington validated the payment as being {$2300.00} to Attorney. XXXX XXXX Carrington sends Notice of Intent to Fo reclose stating that they did not receive the XXXX XXXX payment. Call to Carrington XXXX XXXX and spoke with XXXX XXXX to discuss missing payment. Thinking the reason the payment did not get posted was because of sending {$2600.00} XXXX {$300.00} too much ) by mistake. XXXX XXXX says that the {$300.00} overpayment is not the issue. XXXX XXXX spends a very long time researching the matter and finds ( Carrington Negligence ) Carrington was required by the Mortgage Contract to adjust the Mortgage Rate in XXXX XXXX , prior to the Foreclosure Settlement Agreed to. The Contract had matured past th e 10yr fix ed no interest point requiring the adjustment ( Contract si gned XXXX XXXX ). Carrington did not follow the Mortgage Contract requirement in XXXX XXXX and DID NOT adjust the payment to the XXXX XXXX interest rate. Carrington committed Fraud and waited to adjust the interest rate to the higher rates in XXXX XXXX to set the new payment to {$4900.00}. Carrington has used the fraudulent interest rate and applied it as the " required '' monthly mortgage payment. Carrington did not provide any notification of the change. XXXX XXXX was unable to provide any information as to a correct and legal payment, and had to research the matter. XXXX XXXX instructed : continue making the monthly payment amount ( {$2300.00} ) required under the last known legal payment amount. Have been making the only " known '' legal payment of {$2300.00} on time each and every month from XXXX XXXX through XXXX XXXX ( Payments have been returned by Carrington to Attorney since XXXX XXXX , but have continued to make the last known legal payment anyway ). XXXX XXXX corresponds that Carrington ' s solution to Carrington negligence is to submit a loan modification since they are unable to determine a correct monthly payment. Use a XXXX XXXX XXXX to submit the loan modification package. XXXX XXXX Loan Modification package submitted Carrington fraudulently reporting negatively to the credit companies. Carrington repo rting that payments are not being made. Notified XXXX XXXX by email and by phone requesting Carrington cease and desist from the fraudulent credit reporting. XXXX XXXX says by phone that the negative reporting was an easy fix and would be corrected. NOTE : The fraudulent negative credit reporting did not get corrected and has continued to the present ( XXXX XXXX ). Numerous emails have been sent to Carrington to cease and desist. They refuse to cooperate and have caused harm to financial reputation. XXXX XXXX through XXXX XXXX Attorney, and contracted XXXX XXXX XXXX cooperated fully with ALL Additional Information Requests during the Loan Modification Process, but Carrington continued to ask for same docs over and over again. XXXX XXXX Loan Mod cancelled by Carrington - claimed all documents not received in time ... FALSE
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-20

Thompsons Station, TN

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Complaint: I received a letter from Carrington Mortgage Services dated XXXX XXXX XXXX stating, " Our records do not show receipt of your XXXX payment in the amount of {$420.00}, and as of XX/XX/XXXX , a late charge in the amount of {$0.00} has been assessed. Your total payment amount due is {$470.00} ''. XXXX XXXX XXXX I sent a response to Carrington th at the XXXX Payment was paid and included a copy of my bank statement for proof. I received a " Notice of Intent To Fore close '' letter dated XXXX XXXX XXXX . I received a written response from Carrington da ted XXXX XXXX XXXX that states " CMS find s the written inquiry submitted either does not contain a signature or bears a signature that does not match our records. We have enclosed a copy of the original request for your records and further review. Once you have signed the written inquiry, please resubmit your request for further review ''. XXXX XXXX XXXX I contacted Carrington Custo mer Service - Phone # XXXX and talked with a representative identifying herself as " XXXX - Employee # XXXX . XXXX requested I Fax a bank statement to her as supporting documentation which I did that day with a copy of my bank statement for proof of payments that went back 8 months. I also included copies of my XXXX Tax and Homeowners Insurance pa yments. All signed. I did not receive a response regarding the Fax. I received a letter from Carrington dated XXXX XXXX stating, " our records do not show receipt of your XX/XX/XXXX payment in the amount of {$420.00}, and as of XX/XX/XXXX , a late charge of # XXXX has been assessed. Your total payment due is {$470.00} ''. XXXX XXXX XXXX after no response I Faxed another copy of supporting documentation t o Carrington Custom er Service. I went ahead and mailed a payment Certified Mail of {$470.00} to ensure everything was covered while I was dealing with Carrington C ustomer Service. I than received a Certified letter from Carringto XXXX dated XX/XX/XXXX " Notice of Intent to Foreclose. The above referenced loan is in default because the monthly payment [ s ] due on a nd after XX/XX/XXXX have not been received. The amount required to cure the delinquency, as of the date of this letter, is {$890.00} less {$0.00} monies held in Unapplied ' '. As of XXXX XXXX XXXX I still have not got a response fro m Carrington Cu stomer Service. I recently went paperless billing which was a mistake, as now I have to rely upon " My Carrington ' ' on line Web site to verify monthly amount due. My account on this site is consistently inaccurate on " Amount Due ''. Carrington h as now listed my Mortgage account with the Credit Bureaus as 60 days late. I have done everything requested of me fro m Carrington Mortgag e Customer service from the start of this issue but am not getting a response. I need my account corrected, late charges returned, at the Credit Bureaus data corrected. Please see Attached documentation :
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-20

AZ

Credit decision / Underwriting

Mortgage: FHA mortgage

Complaint: I had a home mortgage loan thru Carrington Mortgage Services and this was the worst mortgage company I have ever dealt with. So I decide to get a loan from a different lender in XXXX of 2016. Th e loan thru Carrington Mortgage Services has been paid off but still showing up on my credit report. I have called them and sent letter and emails to Custo mer Relations for Carrington to remove this from my credit report. I can not get no one to do this for me.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-20

Spring Hill, FL

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Complaint: On or about XXXX XXXX , my XXXX XXXX XXXX mortgage was sold to Carrington Mortgage Services ( Acct. No. XXXX ). While with XXXX XXXX XXXX , I went through a modification, wherein foreclosure fees were incurred and added to my principal balance, with the exception of some title and attorney fees in the amount of approximately {$1400.00}. These fees were added to my account as additional fees and NOT due and owing until satisfaction of my loa n ( language to this affect was outlined in our modification agreement ). S ince Carrington has taken over the loan, they repeatedly include these fees in my total amount due each month and report this as a past due amount to the credit reporting agencies, thereby adversely affecting my credit. I 've called and they will not correct, and state they will continue to do this. When they took over my mortgage they assumed all the terms and conditions entered into with XXXX XXXX XXXX XXXX . This lender has horrible reviews and a flawed history. Please help. This is also the same issue for the co-borrower on my loan, XXXX XXXX .
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-20

FL

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I used XXXX XXXX XXXX for a loan when I purchased my home in Florida. I am a realtor and when the market went down I had challenges paying my mortgage. Whenever I asked for assistance I was unable to find out from XXXX who the owner of my loan is now that XXXX XXXX is gone. I truly believe that if I could get to the real owner of my loan, I could explain what happened and work something out with the owners so I can make my mortgage payments. XXXX will not reveal who this is.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-19

Long Grove, IL

Settlement process and costs

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-19

TN

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: The lender has been sent a notice of error and QWR that needs a response on and the sale date is set for XXXX / XXXX / XXXX - the lender needs time to respond to our request and postpone the sale date to do so.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-19

Belle Haven, VA

Cont'd attempts collect debt not owed

Debt collection: I do not know

Debt is not mine
Complaint: Dear CARRINGTON MORTGAGE SERVICES ( " CMS '' ), XXXX XXXX XXXX XXXX XXXX " XXXX '' and XXXX XXXX XXXX XXXX A " XXXX '' : I received correspondence from you dated XXXX / XXXX / XXXX , XXXX / XXXX / XXXX , and XXXX / XXXX / XXXX stating, " This communication is from a debt collector and it is for the purposes of collecting a debt and any information obtained will be used for that purpose ' '. [ Em phasis added ] I have also received your correspondence sent via the mail dated XXXX / XXXX / XXXX in response to my complaint against you to the Consumer Financial Protection Bureau ( Case No. XXXX ) also stating the same. This correspondence is to enforce compliance with the Fair Debt Collection Practices Act ( " FDCPA '' o r " Act '' ) and to notify you that pursuant 15 USC 1692k ( a ) ( 1 ) that CMS, XXXX , and XXXX are liable for " actual damage sustained '' by the Consumer as a result of your failure to comply with the Act, evidenced by the communications I received from you dated XXXX / XXXX / XXXX , XXXX / XXXX / XXXX , and XXXX / XXXX / XXXX . Notice of additional violations committed by CMS, XXXX and XXXX evidenced by the communication I from you received dated XXXX / XXXX / XXXX are documented by me under a separate cover dated XXXX / XXXX / XXXX . Notice is given that I will not be engaging in any legal debates or arguments with you. There is no argument with the law. Any argument would be a deceptive practice and a continual violation of the FDCPA. I am ENFORCING the law under the authority recognized and granted the Consumer by congress under FDCPA. Congress intended the Act to be " primarily self-enforcing, '' in that " consumers who have been subjected to collection abuses will be enforcing compliance, ''. See S. Rep. No. 95-382, at 5 ( 1977 ). '' I am uninterested in any false notions that the Consumer must pursue a cause of action or other similar legal action in court in order to determine, establish or enforce liability for " actual damage sustained '' by the Consumer as a result of your failure to comply with the FDCPA. Please spare me any such nonsense. 15 USC 1692k ( a ) ( 1 ) clearly states that a " debt collector who fails to comply with any provision of this subchapter with re spect to any person is liable to such person in an amount equal to the sum of [ ] any actual damage sustained by such person as a result of such failure ''. Nowhere in 15 USC 1692k ( a ) does it state or imply that the Consumer is required to bring a " legal action '' before " the court '' in order to determine, establish, or enforce liability for " actual damage sustained by '' the Consumer as a result of a " debt collector who fails to comply with '' the FDCPA. The Consumer 's authority operates independent of " the court ''. Only " in the case of [ an ] action '' by a consumer is the court involved -- and even then -- ONLY to determine " such additional damages as the court may allow ''. See 15 USC 1692k ( a ) ( 1 ) and 1692k ( b ). Any debt collector that violates any provision of the FDCPA abuses the consumer, and " is liable to such person in an amount equal to the sum of [ ] any actual damage sustained ''. CARRINGTON, XXXX , and XXXX have violated the FDCPA, and thus have abused and injured the Consumer. In exercise of my right to enforce compliance I have enclosed for each of you individually an Invoice " equal to the amount of actual damage sustained ''. THIS IS A DEMAND FOR PAYMENT. You have 15 days from receipt of the invoice to pay the full balance. Pursuant 15 USC 1692e : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. CMS , XXXX , and XXXX have failed to comply with these and multiple other provisions of the FDCPA. As you are well aware and have full knowledge of, I neither now, nor ever have had any financial dealings with C
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-19

Belle Haven, VA

Cont'd attempts collect debt not owed

Debt collection: I do not know

Debt is not mine
Complaint: Dear XXXX XXXX XXXX , XXXX ( " XXXX '' ) : On XXXX / XXXX / XXXX I received a communication from you dated XXXX / XXXX / XXXX . Your letter states : Our firm has been informed by the Servicer that as of XXXX XXXX , XXXX , the amount of the debt is {$260000.00}. Your letter further states " This is not a demand for payment '', yet includes in bold print an " IMPORTANT NOTICE '' stating, " This communication is from a debt collector attempting to collect a debt... Unless you dispute the validity of the debt, or a portion thereof... this firm will assume the debt is valid. '' [ Emphasis added ] I found your communication to be confusing, misleading and deceptive. I am aware that XXXX is in the regular business of collecting debt in the state of Virginia, and that because XXXX " regularly collects or attempts to collect debts owed or due or asserted to be owed or due another '', using the mails and other instrumentalities of interstate commerce, pursuant 15 USC 1692a ( 6 ) XXXX is a " debt collector ''. It is also notable that the Fair Debt Collection Practices Act 's ( " FDCPA '' or " Act '' ) definition of debt collector does not include any requirement that a debt collector be engaged in an activity by which it makes a " demand for payment '', in order for its misrepresentations or other prohibited conduct to be actionable. In other words, because XXXX regularly collects or attempts to collect debts allegedly owed another ( i.e., is a " debt collector ' ' ), the fact that you allege your communication " is not a demand for payment '' in no way immunizes XXXX from liability for misrepresentations you made or other behavior prohibited by the FDCPA when collecting or attempting to collect an alleged debt directly or indirectly. To the contrary to violate the FDCPA, a debt collector needs only to have used a prohibited practice " in connection with the collection of any debt '' or in an " attempt to collect any debt. '' Your communication is confusing, misleading, and deceptive, because the statement " This is not a demand for payment '' creates confusion and uncertainty about the need to respond and about the true nature of the risk associated with not responding. Your letter creates the false impression that because it purportedly is not a demand for payment failing to respond is inconsequential. Yet, on the other hand your communication admits that failing to " dispute the validity of the debt '' would result in XXXX assuming the alleged debt is valid -- an assumption that could impact the Consumer negatively. For example, an incorrect assumption about the validity of the alleged debt if unrebutted would leave the Consumer vulnerable to fraudulent activity, like the furnishing of forged financial instruments and other documents for the purpose of fabricating the appearance of a secured interest in the Consumer 's personal dwelling and homestea d ( a n interest that otherwise can not exist absent a valid debt ). Next, the attempt to collect the alleged debt could potentially escalate into so call foreclosure proceedings and the possible illegitimate dispossession of the Consumer 's personal dwelling and homestead via illegal asset forfeiture, whi ch may have been avoided if not for deceptive and confusing debt collection communication. This is precisely why the FDCPA prohibits debt collectors fr om using " misleading representations ''. It is a fact that XXXX is a " debt collector '' and was directly or indirectly attempting to collect an alleged debt in behalf of its principal ( s ) CARRINGTON MORTGAGE SERVICES, LLC ( " CMS '' ) the alleged Servicer, and/or XXXX XXXX XXXX XXXX , AS TRUSTEE OF XXXX XXXX XXXX XXXX A ( " XXXX '' ), the alleged creditor, when mailing its communication to the Consumer. CMS and/or XXXX , who are also both debt collectors as defined under the FDCPA, have contracted
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-19

Pelion, SC

Other

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-17

Bellaire, TX

Credit decision / Underwriting

Mortgage: FHA mortgage

Complaint: I refinanced my home loan through the same company we already use for our mortgage, Carrington Mortgage services. We closed in front of a Notary on XX/XX/2017 It is now ) XX/XX/2017 and we are not funded and they asked for more money because they calculated wrong. They asked for more money on Monday after XXXX when our loan should 've been funded. I was told it was to be funded Sat after our 3 day period to change our minds. I now worry about my credit and late fees because I was told my part was paid so I used my money I saved to pay off another bill.
Company Response: Closed with explanation

Disputed: No Timely Response