To whom this may concern, my name is XXXX XXXX. My husband, XXXX XXXX, my XXXX children, ages XXXX & XXXX and myself live in XXXX, TN. We are devastated and terrified that our mortgage co., Carrington Mortgage has deliberately and methodically steered our mortgage into foreclosure for their own monetary gain without any concern for our family or well being for us & our young children.
They have now issued a sale date for XXXX XXXX, XXXX.
Our hardship began in XXXX when I was injured in a car accident that was not my fault. I was unable to work for some time because of the injuries sustained. I continue to be under doctor ‘s care but I have recently taken a job for far less than I used to make just to try and make ends meet. I still have to take pain meds daily although I want to discontinue them as soon as possible.
When we first reached out to Carrington to let them know of our hardship they said they would send us a package in the mail to fill out and we should n’t worry because there were programs that could put us back on track and possibly even lower our monthly payment. We told them that we had a modification prior to but the person told us as long as we had a new hardship than it should n’t be a problem getting a new one. That is really when our nightmare began with them.
We began the process of submitting the modification package to them and we began to experience continuous runarounds when we would follow-up to see if they had received what we had sent. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to ” protect mortgage borrowers from costly surprises and runarounds by their servicers. ” It almost appeared, in time, that they were purposely losing documents or pretending to lose documents to stall the process of attempting to get a modification. Something was going on with our file because the hurdles and roadblocks seemed to increase although we continued to give them the documentation they kept asking for repeatedly. 1024.41 ( b ) Receipt of Loss Mitigation application – ” A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. ” 1024.41 ( b ) ( 2 ) ( B ) ” Notify the borrower in writing within 5 days after receiving the loss mitigation application that the servicer acknowledges receipt of the loss mitigation application and that the servicer has determined that the loss mitigation application is either complete or incomplete. ” Month after month we continued to endure phone calls & emails not being returned. When we would get through to someone, we would be assigned a new account mgr. and would have to explain our situation all over again and that person would want updated pay stubs and bank statements. 1024.40 Continuity of contact – ” Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ”. Why were n’t we assigned a single point of contact to assist us in saving our home?
The next thing we knew, we were in active foreclosure and soon after that a sale date of XXXX XXXX, XXXX was issued. How is that possible when we were still trying to get a modification? 1024.41 ( g ) Dual Tracking is prohibited. ” Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure.
We desperately need someone to intervene and contact Carrington Mortgage and postpone the sale date while someone reviews a new financial package that we just submitted.
We ca n’t lose our home, we would have nowhere to go.
Please help us!!!
XXXX & XXXX XXXX