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Possible illegal tactics by CEO of mortgage company

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runner81

Junior Member
What is the name of your state (only U.S. law) ME

Hi everyone,

I'm new here and I have no idea if I am posting this in the correct section of the forum, so forgive me if I am not. This may be a bit lengthy, which I apologize in advance for, but here is the very strange situation I am in:

Back in March or April of last year, we noticed some significant damage to the outside of our home from the record amount of ice and snow that we had here in New England that winter. We filed a homeowner's insurance claim and ended up getting a brand new roof, new siding, and 2 brand new decks. Then, about a week later, we had some pipes leak all over our kitchen (what a streak of luck!), so we had to file yet ANOTHER insurance claim. For that, we ended up getting basically an entire new interior, all new flooring throughout, brand new countertops and cabinets, the whole nine yards. Anyway, the insurance company sent us 2 big checks, one for the exterior claim and one for the interior, together totaling nearly $40,000. On the checks that the insurance company sent us, they also included our mortgage company (Carrington Mortgage) since any checks over $10,000 have to be sent to the mortgage company to hold until the repairs are complete. Carrington did release a portion of the funds right off so that we could give the contracting company at least some money up front since they had to purchase all of the materials, but they rest needed to be held until everything was complete.

The work on our house started in early July and went on through the whole summer and all of the repairs and remodel were finally completed by the end of September. I contacted Carrington's loss drafts department (who is nearly IMPOSSIBLE to reach by phone) during the first week of October. I then started e-mailing back and forth with one of their representatives in the loss drafts department and she informed me that they needed to have a formal inspection done before they could release the remainder of the funds to us. She said that she would contact the local inspector in our area and that they would then be calling us to set up a time to come out and do the inspection on our home to make sure all of the work that was done is satisfactory. Several weeks went by and we never heard from this so-called inspector. I e-mailed the woman at Carrington back and she verified all of our contact info, which was correct, and she said she would contact the inspector again. Again, we never heard from anyone. I kept e-mailing back and forth with this woman and never had any communication from said inspector. Communication between myself and this woman at Carrington ceased for a period of time over the winter as my husband ended up needing unexpected open heart surgery in December. Thankfully, that all went well and he is doing great now. I e-mailed the woman in loss drafts at Carrington again about a month and a half or so ago and the whole thing started again. She said she'd contact the inspector (again) and have him call me to schedule the inspection. NOTHING!!! Finally, yesterday, I e-mailed her and told her that my patience are now up and that they needed to release the money to us IMMEDIATELY, that we were done playing these games, and if we did not have the money by the end of this week, I would be reporting them. She then replied and asked me if I could send her photos of the work that was done on our home, which I immediately did. I sent her MANY photos. She e-mailed me back this morning and stated that the photos were not sufficient and that an inspection needed to be done, which I found to be totally ridiculous! I must have sent her about 20 photos.

By this point, I was totally furious and beyond sick of this runaround she had been giving us since last fall, so I did some research and, thanks to Google, I was able to locate the e-mail address of the CEO of Carrington, Mr. Bruce Rose. I sent him an e-mail explaining the situation and venting my frustrations and essentially demanding that they release our funds immediately or that they would be reported on both the state and federal level. About an hour or so later, I received a reply from Mr. Rose that CLEARLY was not intended for me and was meant to be sent to somebody else named Chuck at Carrington, but he accidentally must have hit reply instead of forward and sent it to me. Keep in mind, this was the very first time I have ever contacted this man and had NEVER spoken to him before. Here was his reply:

"Chuck -


This idiot has been pestering us for at least a year that I can remember, I can’t even sort out all of the details of what she is referring to any longer. Let’s do two things here – solve whatever the current issue is asap and then get Ray to offer her a streamline refi at what ever rate will incent her to refinance quickly, then sell the loan on a released basis into the market so that we are no longer dealing with her. Please let me know your thoughts.


BR"

I was literally FLOORED when I saw this! The CEO of our mortgage company was calling me an IDIOT?!?!?! On top of that, he was trying to come up with a scheme to trick me into refinancing with them by offering me a deal that I couldn't refuse, only to turn around and sell my loan after the refi in order to get rid of me?! WOW!!!! Also, where did he get the idea that I had been "pestering" him for the last year?! This was the very first time I've ever e-mailed this guy! By now, I was totally fired up and I immediately responded to him and said, "Clearly, I'm not the one who is an idiot seeing as how I'm not the one who doesn't know how to send an e-mail to the correct person. Secondly, now that you have resorted to calling me an idiot and I now am fully aware of what you plan to try and do to me, you are now being reported to my state's Consumer Credit Protection Division as well as the CFPB and I will be taking this to every media outlet possible." Obviously, he didn't respond to me, but he had someone from his office call me to try and do damage control, but I wasn't buying it. It was too late and the damage had already been done. At least they agreed to overnight our funds to us via FedEx, but I am MUCH more concerned about this e-mail that I received from Mr. Rose. I truly believe that what he is trying to do is illegal. I'm pretty sure that he won't even try it now that he realizes how badly he screwed up and he totally blew it by accidentally sending that e-mail to me instead of the person he intended to send it to, but I'm still boiling over it. Obviously, they have the right to sell whatever loans they want, but what he was trying to do, trick me into refinancing and then selling my loan just to get rid of me, HAS to be illegal in some way. I immediately called my state's Consumer Credit Protection office and spoke with a staff attorney, who was absolutely blown away by the e-mail I received and was VERY anxious to have me file a formal complaint so they can get to work investigating this. He said, "We hold their license!" He even told me that he didn't mean to sound excited, but that he was just very, very anxious to get going on this and had me fill out their online complaint form, which I did. I also filed a complaint with the CFPB and posted a complaint on Consumer Affairs. I am now thinking about contacting the local news media in Anaheim, CA, which is where Carrington is headquartered.

My question is this: Is what the CEO of Carrington did (or had planned to do as he said in the e-mail) illegal? Is it likely anything will come of this investigation? If so, what should I expect? Like I said, the attorney for the state was VERY interested in pursuing this further and I, of course, want to pursue this to the furthest degree possible!
 


xylene

Senior Member
You are a pest and possibly an idiot. So you weren't defamed.

You had 2 substantial claims in a short period. Inspection and skepticism is to be expected. Taking that personally doesn't make you look good.

Selling you a very competitive mortgage product is not illegal.

Selling your loan on the secondary market is not illegal.

The AG's office feigning interest but doing little (nothing) to get you to go away is a better technique than many.
 

runner81

Junior Member
I already said that I know selling mortgages is perfectly legal. It has happened to me twice. No big deal. However, what I was questioning was whether or not what the CEO was planning to do, essentially try to get me to refinance so that they could get rid of me, has any sort of illegality to it. Why would the Consumer Credit Protection attorney be so anxious to start an investigation on this if it wasn't illegal?
 

Silverplum

Senior Member
I already said that I know selling mortgages is perfectly legal. It has happened to me twice. No big deal. However, what I was questioning was whether or not what the CEO was planning to do, essentially try to get me to refinance so that they could get rid of me, has any sort of illegality to it. Why would the Consumer Credit Protection attorney be so anxious to start an investigation on this if it wasn't illegal?

See xylene's post.

And, if the State's attorney is eating out of your hand, why are you here? Did you just really, really want to complain again, somewhere?
 

Proserpina

Senior Member
I already said that I know selling mortgages is perfectly legal. It has happened to me twice. No big deal. However, what I was questioning was whether or not what the CEO was planning to do, essentially try to get me to refinance so that they could get rid of me, has any sort of illegality to it. Why would the Consumer Credit Protection attorney be so anxious to start an investigation on this if it wasn't illegal?

Why do you think?

Come on, runner - I'm giving you some credit here. Think.
 

runner81

Junior Member
Why do you think?

Come on, runner - I'm giving you some credit here. Think.

I am not an attorney, so exactly how am I supposed to know??? I work in the medical field, not the legal field. I came here looking for opinions and possibly even advice, but apparently all I am going to get is sarcasm. I thought this was supposed to be an advice forum??? Guess I was wrong. Thanks for nothing!
 

Silverplum

Senior Member
I am not an attorney, so exactly how am I supposed to know??? I work in the medical field, not the legal field. I came here looking for opinions and possibly even advice, but apparently all I am going to get is sarcasm. I thought this was supposed to be an advice forum??? Guess I was wrong. Thanks for nothing!

Have a nice evening.
 

xylene

Senior Member
apart from being a little sore that some corporate guy talked down to you, unsure then what your issue - legal or otherwise - even is.
 

FarmerJ

Senior Member
SO it sounds like they released the money to you so that part of the problem is over with , as to the email you were sent just what is your harm here ? did the suggestion to get rid of you by talking you into a new mortgage cause you financial harm ? In the future cease using emails to communicate with lenders or business situations like this ! WHY because emails have no hard paper trail proving the communication happened , so had you initially used on paper sent via certified or registered mail letter then a paper trail would have been started and you would have had proof of the communications so if you had to do a second certified letter going up the chain you could have complained in writing ` on such and such date I sent a certified/ registered letter ( copy of your c receipt& paper records that proved you sent letter) and in the second letter to outline again about getting the funds released to you. If you had done this with on paper letters and steps to create paper trails I think you would not have had so much hassle with them since in the end of things there would have been no way for them to dispute that you had communicated about the money. Emails can be convenient , easy way to do things but are really crap when it comes to legal disputes or so called business related problems.
 

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