This entry was posted on Saturday, July 10th, 2010 at 10:47 am and is filed under .
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.
Has anyone here dealt with Carrington? My loan is not in default but they claim that it is and no matter what I try, they just want to blackmail me for some (unspecified) amount of money at this time.
I have actually made over $1100.00 in overpayments on my note. This is very frustrating. I am closely monitoring my county records to make sure that my home doesn’t get on the auction docket. I have recieved a NOTICE OF INTENT TO FORECLOSE from them.
I am living in the twilight zone. Here is a copy of a letter that I am sending out to them. Feel free to use it if you are fighting wrongful foreclosure. While I feel sorry for those who get behind and cannot pay their mortagage, I am interested in networking with those who are not behind and are dealing with the same issue that I am so that we can share ideas.
Mrs. Lindsey,
First you refused to answer my questions on the phone and now you are ignoring my emails after you informed me that foreclosure proceedings would start on my home on October 15, 2010. This is my second email attempt to obtain information from your office in order to resolve this impasse regarding my account. Your company will undoubtedly face legal action with the wrongful foreclosure of my family home. I wish to avoid that option and come to a reasonable as well as amicable resolution to this situation.
To that end, this letter is to inquire about the accounting and servicing of my home loan agreement and my need for understanding and clarification or the various transfer, sale, legal ownership, credits and debits applied, transactions, payments and all actions on this loan since the inception to the present date of this communication. This certified and tracked communication will also serve as a demand for first hand evidence concerning the various transfer, sale, legal ownership, credits and debits applied, transactions, payments and all actions on this loan since the inception to the present date of this communication.
As of the date of this letter, documentation that I have provided, documents that you have provided along with conversations with Carrington representatives have been unproductive and have not answered most of or in some cases any of my questions. Your refusal to answer some of my basic inquiries has been perplexing to say the least.
It has come to my attention through various sources that your company has been accused and cited for on more than one occasion and by several states Attorney Generals of ” inadequate, incompetent and inefficient handling of customer complaints”, You have also been sued by several states for violating Consumer Protection laws.
In light of this information, I without question recognize the potential for mistakes, fraud and/or deceptive practices in the accounting, transfer of credit and sale of a loan account by your firm or any previous servicer of my loan. This has led me to a singular conclusion that a full audit of my loan account is necessary.
To this end I will need the following documentation from you:
A copy of the original promissory note to verify holder in due course, of this alleged debt and or security relating to account number 70000—– and 5003——-. In the case that you do not supply me with this document, it will bring into question if in fact Carrington ever actually owned or had legal rights to collect payments on this note. Without actual evidence of this note in light of the news headlines as of late concerning fraudulent documents being used to service a loan or foreclose on property, I will have no choice but to dispute the validity of your lawful ownership, funding, entitlement right and the current debt you allege I owe. I want to use this documentation to insure and verify the validity of the mortgage note since I cannot get any information from you over the phone. I want to also make sure that Carrington is legally servicing the note with permission from the note holder. There are obvious mistakes in the copy of the note that I have in my files and I am attempting to protect my interests.
Any certified or uncertified security, as I am concerned about the chain of title due to your inadequate, incompetent and inefficient handling of my situation. You have wrongfully referred to my account as in default status and we both know that now. My mortgage note has been transferred one or more times. I am requesting copies of these documents front and back, used for funding of the alleged accounts mentioned to assist me in my investigation.
Any and all “Pool Agreements” including the acct #’s 50000—–, 2003——-. You have mistakenly charged me fees on my mortgage statement. A mortgage pooling and servicing agreement describes how pooled securities will be serviced and dictates how proceeds and losses will be distributed to bondholders. I may need this in my audit in order to make sense of what the fees are for that I am being charged since I cannot get this information from your representative(s). I have been charged fees that I am disputing. I need to know who charged what when and why. My first request for the explanation of “other charges” was given to Benny Tellez on June 23,2010. Here it is over 4 months later and I still have no answer from Carrington. I find it interesting that while Carrington cannot locate the evidence to give me an explanation for just one line item fee, they feel that they have more than enough “evidence” to proceed with foreclosure on my family home.
Any and all “Deposit Agreements” I want to use this documentation to insure and verify the validity of the mortgage note since I cannot get any information from you over the phone. There are obvious mistakes in the copy of the note that I have in my files. I want to also make sure that Carrington is legally servicing the note with permission from the note holder. I have documented proof that you have already misapplied funds in the short time that you have serviced my account. I request copies of any of these arrangements or agreements regarding the acct #’s 70000—–, 5003——- between Stanwich and Citifinancial, Stanwich and CMS, Carrington Capital Management and CMS and finally Merscorp and Citifinancial.
Any and all “Custodial Agreements” I want to know who is in possession of the physical documentation that is my note. I am concerned about the chain of title due to your inadequate, incompetent and inefficient handling of my concerns. Mistakes were made in my closing documents and so far each of my servicers have made mistakes in the application of funds. I need to also know if any other mistakes have been made in the transfer of title. My mortgage note has been transferred one or more times. I am requesting copies of these documents if they exist of Custodial Agreements between Stanwich and Citifinancial, Stanwich and CMS, Carrington Capital Management and CMS and finally Merscorp and Citifinancial.
DEED OF TRUST/SECURITY AGREEMENT, as I am concerned about title, deed or other legal problems with my loan servicing or title integrity. I have documented proof of mistakes made in the origination process of my loan agreement and need to investigate the securitization process in order to insure that my rights have not been violated. I hereby request any and all issuer agreements between Merscorp and Stanwich, and Stanwich and Carrngton Capital Management.
Any and all “Release of Document” agreements between Stanwich and Citifinancial, Stanwich and CMS, Carrington Capital Management and CMS and finally Merscorp and Citifinancial. Since I cannot get cooperation from you otherwise I need this documentation to assist me in insuring that chain of title has not been broken.
Any and all “Master Agreement for Servicer’s Principle and Interest Custodial Account” regarding the acct #’s 70000—–, 5003——- between Stanwich and Citifinancial, Stanwich and CMS, Carrington Capital Management and CMS and finally Merscorp and Citifinancial. Your odd behavior raises suspicions that either you have something to conceal or you are just incompetent when it comes to servicing my loan. I request this documentation to insure that all has been done to maintain the integrity of my account.
Any and all “Release of Interest” agreements between Merscorp and Stanwich and Stanwich and Carrington Capital Management. This is title related documentation that I need to insure the integrity of the chain of title.
All assignments, transfers or other documentation evidencing a transfer, sale or assignment of this loan, monetary instrument or other document that secures payment by me to this obligation in this account from the inception of this account to the present date. This is necessary because you cannot accurately report to me what I owe. I have received five different communications with five different amounts you declare that I owe. You might not in fact know what I owe because you are not legally entitled to collect payments on this note.
The front and back copies of each and every cancelled check, money order, draft, debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, late charge, fee or expense on this account. I have documented proof that you have already misapplied funds in the short time that you have serviced my account. You have made false and unsupported claims to me about amounts owed on my loan. I have proof of this. I need to find out if more mistakes were made.
The front and back copies of each and every cancelled check, money order, draft, debit notice issued for payment of closing costs, fees and expenses listed on any and all disclosure statements including, but not limited to appraisal fees, etc. I have documented proof that you have already misapplied funds in the short time that you have serviced my account. I need to find out if more mistakes were made.
The front and back copies of each and every cancelled check, money order, draft, debits and written evidence of payments made by others or me on the account #700000—– or 5003——-. It is my understanding that Carrington was not provided with any payment histories at the time the servicing was transferred. It certainly makes sense to me that this occurred, as you are asking me for this information.
All letters, statements and documents sent to me by your agents, attorneys or representatives of your company. This would include the five different documents demanding 5 different amounts (06.17.2010 the demand was $14285.83 on 6.22.2010 it was 12,944.81 on 07.15.2010 it was $8246.79 on 09.14.2010 it was $8258.83 on 10.06.2010 it was $13634.95)of money to keep my home from being foreclosed on despite the fact that I have paid my mortgage payment of $1341.02 each and every month since Carrington started servicing it.
All agreements, contracts, and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date. I have documented proof that I am being billed for “other charges” on my account. You are unable or unwilling at this point to tell me what they are. I have a right to know (even if I must audit it myself) what I am being billed for and if it is permissible under the contract that I signed. I understand that property inspections were ordered on my home. What other services meant to protect the lender’s interest in the property were ordered and why. I am not late on any notes or taxes? Did you seek to increase profits from default-related service fees from me even though I am current? I know that some mortgage servicers have created subsidiaries to hire the vendors to perform the default related services and then marked up the price of the services charged by the vendors – often by 100% or more – and then charged the homeowners the marked-up fees. I intend to get to the bottom of this to protect my interests.
All account servicing records, payment payoffs, payoff calculations, payment records, transaction histories, , account histories, accounting records, ledgers and documents that relate to the accounting of this account from its inception. I have proof that you have misapplied funds and charged fees not due to you. You have claimed to have paid property taxes on my home that you have no proof of.
Furthermore, in order to conduct a complete audit and review of this account, and to determine all proper amounts due, I require that the following questions concerning the servicing and accounting of this account from its inception to the present date. Accordingly, I ask that you provide me, in writing, the answers to the questions below.
DEBITS AND CREDITS
In a spreadsheet form or in letter form in columnar format, please detail for me each and every credit on this account and the date such credit was posted on this account, as well as the day any credit was received.
2)
In a spreadsheet form or in letter form in columnar format, please detail for me each and every debit on this account and the date such credit was posted on this account, as well as the day any debit was received.
3) For each debit or credit listed, please provide me with the definition for each corresponding transaction code that you utilize.
4) For each transaction code, please provide me with the master transaction code last used by you or previous servicers.
LATE FEES
For purposes of my questions below dealing with late fees, please consider the terms late fees and late charges to be one in the same.
1) Have you reported the collection of late fees on this account as interest in any statement to me or to the IRS? Yes or No?
2) Has any previous servicer of this loan reported the collection of late fees on this account as interest in any statement to me or to the IRS? Yes or No?
3) Do you consider the payment of late fees as liquidated damages to you for not receiving payment on time? Yes or No?
4) Are late fees considered interest? Yes or No?
5) Please detail for me in writing what expenses or damages you incurred for any payment that I made that was late.
6)
Were any of these expenses or damages charged or assessed to this account in any other way? Yes or No?
If yes, please describe for me what expenses or charges were charged or assessed to this account?
Please describe for me in writing what expenses you or others undertook due to any payment I made which was late.
9) Please describe for me in writing what damages you or others undertook due to any payment I made which was late.
Please identify for me in writing the provision, paragraph, section or sentence of any note, or any agreement I signed authorizing the assessment or collection of late fees.
Please detail and list for me in writing each separate late fee assessed to this account and for which corresponding payment period or month such late fee was assessed from the inception of this account to present date.
Please detail and list for me in writing each separate late fee collected to this account and for which corresponding payment period or month such late fee was collected from the inception of this account to present date.
Please detail and list for me in writing any adjustments in late fees assessed and on what date such adjustments were made and the reason for such adjustments.
Has interest been charges on any late fee assessed or charged to this account? Yes or No?
Is interest allowed to be assessed or charged on late fees to this account? Yes or No?
If the answer to number 15 is “Yes” please identify for me in writing the provision, paragraph, section or sentence of any note, or any agreement I signed authorizing the assessment or collection of interest on late fees.
How much in total late charges have been assessed to this account since its inception?
Please provide for me the exact months or payment dates you or other previous servicers of this account claim I have been late with a payment from the inception of this account to present date.
How much in total late charges have been collected on this account from the inception of this account to present date.
I ask that you treat this matter as extremely urgent to insure that I also have not been a victim of your record of inadequate, incompetent and inefficient handling of customer complaints or any violation of the consumer protection laws here in the state of Texas.
The documentation and requests for information by me are an effort to insure that this loan was originated in lawful compliance with all federal and state laws, regulation including but not limited to Title 62 of the Revised Statutes of the Fair Debt Collection Act and other laws such as Real Estate Settlement Procedure Act that includes any and all sales or transfers of this account or monetary instrument was conducted in accordance with the law and was a lawful sale with complete disclosure to all parties with an interest.
Your prompt response to this matter is of the utmost importance and greatly appreciated.
Has anyone here dealt with Carrington? My loan is not in default but they claim that it is and no matter what I try, they just want to blackmail me for some (unspecified) amount of money at this time.
I have actually made over $1100.00 in overpayments on my note. This is very frustrating. I am closely monitoring my county records to make sure that my home doesn’t get on the auction docket. I have recieved a NOTICE OF INTENT TO FORECLOSE from them.
I am living in the twilight zone. Here is a copy of a letter that I am sending out to them. Feel free to use it if you are fighting wrongful foreclosure. While I feel sorry for those who get behind and cannot pay their mortagage, I am interested in networking with those who are not behind and are dealing with the same issue that I am so that we can share ideas.