Homeowner to Mortgage Servicing Company: "Step Up and Do the Right Thing!"

Sue D. and Denise; people like you and the many people who have been speaking out (see msfraud.org) against criminal servicing abuse are an inspiration. Tho the world of mtg servicing continues be overlooked exposing their part in the mortgage/foreclosure crisis will help distinguish then highlight their crimes from predatory lenders as Mr. Dillon wrote about in a recent entry here (good work btw). I had a small mortgage with a local bank and now realize I was a lucky one and I was able pay it off before the foreclosure crises hit. I have family members that were not so lucky. Good work Sue, Thank-you for publicly sharing your ms story and Denise, Brava, your story and advocacy work continue to be an inspiration.

Thank you for sharing. I too have spent over 50k in legal fees and over 8 years of my life fighting a wrongful foreclosure, from the result of mis posted or non-posted payments. I sent a video and powerpoint presentation to the Board of Directs of my bank to no avail. The loans being bought and sold to one another without proper tracking has halted my lawsuit because no one know who owns what! It's truly disgusting and the public needs to know. Keep fighting and I will foward your story to all all I know.

Austin TX

Thank you for this good service you are providing Denise! Is there a good email to reach you at as I have a few questions for you? Mine is tlaw5111@gmail.com
Tim Law

As a Mortgage Auditing company you have failed to understand what is going on.

You need to make a trip to the courthouse and find if there has been any assignments made during the selling of the servicing rights as per the loan documents.

If the attorney you hired is an expert in mortgage related issues he will know what to do. An audit of your closing documents will be needed to end this nightmare.

oliver@ipa.net
john dunn

Thanks Tim...my email is deniserichardson (at) givemebackmycredit.com

John, I agree that forensic loan audits will often find a number of accounting errors -however, many consumers have been ripped off by scam companies out there that end up taking hefty upfront fees and victimizing them yet again.

Trouble is, consumers rightfully find it difficult to know who to trust anymore and they aren't in the position, nor should they, be paying upfront fees -for a service that has no guarantee they can help. By the time many go looking for a trust worthy mortgage auditing company, they are already desperate and close to loosing their homes. This industry needs to be licensed and regulated. Consumers need to do their homework and remember, buyer beware. there are a number of horror stories out there. Yes, Forensic audits can be a great tool if done by a trustworthy company...how do consumers know who to trust?

Thank you Denise for picking up my story!

On Mortgage Auditing, hmmm, well, that would be great, but I have been requesting an accounting of payments, etc. for 2 years on this account. I can't get anything from mortgage cos. for someone to audit. Besides, money is probably best spent on a lawyer, in my opinion. On the good news side, today (October 7, 2009) Someone from West Coast Servicing called and left a message.

Apparently having this story going around the blogoshere and sending them a link to it (thanks again Denise) has at least brought them to make a phone call. Gentleman said he is VP. I will wait and see what happens (their message said they should be able to straighten everything out by tomorrow, but I am understandably less than enthusiatic about that possibility). I will keep you informed. Remember, I have been around on this Merry-Go-Round for 2 years, so I am not holding my breath.

Thanks, Sue. Keep us all posted here!

And re: the mortgage Auditing commentor -I agree. I went through a similar experience in that it took years to prove ALL of my payments were made timely, because of their refusal to work with me -I was forced to go public -and file a lawsuit to simply get their attention.

AND having no monthly statement to aid my ability to catch their wrong doings sooner, was a huge part of the problem. We should all have access to monthly statements! See: http://givemebackmycredit.com/richardson-petition.htm

If a consumer's attorney agrees it is time for an audit -after reviewing the pertinent docs -then that would be the time to do it. But, as my response to the "mortgage auditing" commenter states, I believe consumers must be careful when choosing to turn over money to an unknown entity -without first consulting with a well experience, knowledgeable consumer attorney.

keep us posted, Sue!

Yet another story that breaks my heart! We know how this feels & it's like the old saying goes "you cant fight city hall". These mortgage folks are showing us they really can get away with whatever they want & will not be held accountable. All of us who are being held hostage by these mortgage servicers feel helpless. Surely somewhere out there someone will rescue us. Someone with integrity, a moral compass & a passion for justice in this United States of America. That is my prayer.

For those of you who haven't yet read Charisse's story...please do. You can find it highlighted here in this earlier blog:

http://www.givemebackmycredit.com/blog/2009/08/if-you-want-financial-reform-a-1.html

Charisse -I am sorry to hear you haven't had any assistance from your legislators, state AG or your mortgage servicing company. I hope you find relief soon, please keep all of us posted.

UPDATE --- OCTOBER 8, 2009 ---
Today a gentleman from West Coast Servicing contacted me regarding the mortgage loan. His name is Mr. Glenn Ohno. He informed me that West Coast Servicing had reviewed the matter and decided to honor the agreement reached with KOndaur Capital in June 2009. He sent a digital copy of a newly revised statement that showed all payments as current and our principal on the loan as it should be. WEST COAST SERVICING HAS STEPPED UP AND DONE THE RIGHT THING! Of all the people that I have dealt with throughout this 2 year nightmare, they are the first to acknowledge and then actually follow through. Hurrah for West Coast Servicing!!!! They have shown themselves to be outstanding people!!! Spread the word.
Sue D.

Sue -that is great news. Thanks for the update.

There are plenty of desperate homeowners with nightmare servicing stories -praying their servicer will follow this example and STEP UP and DO THE THE RIGHT THING!

I'm suing Ocwen Federal and First union National in Vicksburg, MS. I was offered 50,000 with my exlawyer (name withheld) and 600,000 to 1million without her. It is hard to gain trust now.

I paid my house note and I have every last one them. Proof that this should be an open and close case. If you want to help me please talk straight to me as I would you. You can Google Ocwen Federal and see all the suits against them. One case won 3million the other 11.5 for the same thing they did to me.

Here is a short BRIEFING.

ON Oct 3,2003 at 8:30 in the morning. Ocwen Federal Bank put my family on the front lawn of my home in Vicksburg's,MS. I live in a well name community call Fairways in Vicksburg.

I Ouida Claiborne have every payment that I have ever paid with MONEY ORDER since 1998 when I bought my home. I had Bridget Clayton for a lawyer, but she didn't know what she was doing. I dismiss her cause she want me to take a lower settlement. I'm Pro-se as of now. The judge is not respecting me cause I'm not a lawyer. I went to court in VIcksburg, MS. And the judge in Vicksburg told me that I did pay no notes. If I didn't why want he look at my payments.

Ocwen lawyers told the judge that I haven't paid anything. I filed an appeal in the next court up. My family is not going to stop fighting Ocwen.

We are going to file appeal after appeal. My home is just sitting there since 2003 for the judge in Greenville ,MS. to Stop them from selling our home . Its up in court now. 'Ocwen did make a settlement with us, but they only want to give us 50,000. that is nothing when a family have no home, Ocwen messed up my credit, and no one wants to rent because of Ocwen.

I Pray to God that one day my case gets settled right.

There are more people in the US against OCWEN FEDERAL BANK...........I filed an appeal and keep paying money, but the Judge will not let me speak in court. He keeps doing whatever he wants. I have all my evidence. MONEY ORDER's DONT LIE. We are still in court

If anyone can help the Claiborne family -please get in touch with me, or leave a comment here to be put in touch with them. Yet another example of why we need a Consumer Financial Protection Agency -so these crimes are not allowed to continue.

The Claiborne's are not the first family to report that all payments were made and made timely, yet they are desperately fighting to save their home. They are one in a long list of homeowners who wake up to learn they are in a nightmare they can't wake up from.

If someone can help them, please get in touch with me and I will put you in touch with them.

I purchased my home in April 2003 with Amsouth (regions) bank. My loan was sold to Chase mortgage in Nov 03. I received a certified letter 2 weeks ago saying my home is in foreclosure and I owe 8 months of payments. I have my statements showing I have paid my note each month. I have called Chase finance and nobody will tell me what is going on. I get transferred to different departments and get disconnected. I did speak to one Chase Rep and he said as of Nov 22 my account was reviewed by an auditing department and showed no payments were made April 03 thru Nov 03. Those 8 months my mortgage was with Amsouth bank. I can't make my dec payment because Chase will not accept no less than $6000.00. I ask for a manager but Chase Representatives tell me that is not likely to happen.... Please someone give me advise. My credit report is showing my mortgage in Foreclosure. I have an insurance licensing test and the pre-req is my credit score.... Please help!

Here is the saga of my attempts of a loan modification with Saxton with a goverment program Home Affordable Modification, Just thought I'd share:
Started doucmenting in May 2009 when the papers to the first loan modification was alleged to be lost.
Edgar 5/21 #8035 5:30pm - Was told a supervisor will call me by next Wednesday or Thursday
5/26 4:03pm - was told that they would escalate the request for a call back and have a supervisor call me back - Ricardo Lopez
06/04 Called because check #828 for the April payment on the modified loan was cashed for $1506.41. I was told at this time that they could not assist me with this since my paperwork was not received by the due date (I am so not sure where they are getting there information from I have proof of delivery) I was told I need to talk to the Home preservation department Ext 255994
06/04 called the home preservation department - Margaret Teller # 20883 HAMP Approved at 2% told new payment would be $1627.50 starting in July. Was told that the paperwork would be sent Fed Ex and I should send back with all required documents.
06/10 Received call at work from Trena Smith - She told me that my loan modification from Feb had been closed and that in order to re-work a modification that they would have to receive financial paperwork again. She also stated that she did not know where my paperwork from the previously approved modification was at and that she saw that my cash contribution of $2012.64 was applied to the old loan payment and the April payment of $1506.41 on the new modification is in suspense and would be applied to whatever HAMP I told her that last week I actually talked to someone in the HP Dept, and I was pre-qualified for the HAMP program decided. She stated that if that did not work for me that I could call back and request a loan modification work-out option again. Trena also put me on hold and requested that a letter be sent to the Lawyers stopping any sales.
06/16 received a call from a Rona asking if I had received the HAMP paperwork and when I would be sending it. I responded by stating that I would send in the paperwork on Monday 6/22 with July's payment.
06/26/09 called to follow-up on HAMP paperwork and was told that they did not receive all of my paperwork and that the trial agreement was not signed. I advised them that I have copies of all of my paperwork signed and a delivery confirmation as well as the trial payment for July of $1430.50 being cashed today. They advised me that I could send in my paperwork again, I advised them that I would be calling the SIGTARP Hotline and making a complaint. I will be overnighting the paperwork again on Monday, June 29th but I have a feeling that they will tell me that they still did not receive the documents. This is what they do. I filed a complaint with SIGTARP online today and the FTC.
6/29 received call from SIGTARP attorney general office.
6/29 called Saxton and spoke to Barbara Faulkner ex207654 in collections department. I was told that all documents are in the systems now.
6/30 received a call from Eric DD: 1.866.236.9425 ext 3949 to verify and check that all documents have been received. He told me that all documents had been received and that I should be receiving a the trial mod papers back signed by Saxton and to call him once they had been received so that it can be assigned to a negotiator
07/13 Called Eric to let him know that I have received the documents and I spoke to Amy #20723 - Eric was out at lunch gave her the information and stated that I would most likely receive a call from a negotiator by end of August or 1 week in September.
07/30 called and talked to Tanya was told that August payment had not been received yet
8/6 Lakisha Peace Est 208050 is the negotiator. Left a message at her ext. since the customer service representative told me that I have missing documents based on her notes dated 7/13 the missing documents that when told to me are ones that I have sent in (3) times I have all tracking info. Call Barbara Faulkner she told me that she found all my documents and would print them out and put in the correct file under HAMP she also asked me to fax in a bill with the address on it so that I can show proof of residency .
09/21 called Lakisha Peace cannot leave a message, sent an e-mail. Spoke to customer service Carol in Loss Mitigation and was told that the papers are with an underwriter and could take up to 30 days from the last payment for a approval letter to be send out.
10/14 Jennifer was told that they need a statement for HOA fees and that should be faxed to 888.240.1885 attn: HAMP Underwriting my file is still sitting waiting for this document before they can move forward.
10/22 Spoke to Jose went through all of same bullshit then he disconnected me.
11/03 Spoke to Brandy #20658 she informed me that I have been removed from the HAMP program because payments have not been made. I informed her that I have been making payments on a regular basis and have proof of those payments. I was told that her supervisor was reviewing the account and taking to escalation to see why the acct show that the payments were not received when Brandy is seeing those payments posted. I was told that I should check back in 72 hours
11/05 Spoke to Robert he informed me that the acct is in foreclosure. $3,327.33 is in suspense. He also mentioned that I would have to wait till I get a call back from my 72 escalation request. I asked about a re-payment plan and was told that an order for attorney fee would have to be ordered before they could look at a re-payment plan.
11/10 Jesse # 22518 called to find out why no one has called me back I was told that once an escalation is open that their supervisor then sends an e-mail to find out what happened. He then told me that on 11/03 a work order was never open so that is why I never received a call back. I was also told that my payments show as posted on time so he is going to request a work order to apply those payments to the HAMP. I was told to call back because they would not be calling me back.
11/17 Went to the LANHS Foreclosure Fair spoke to a Jeremy Jackson with Saxton, who took all of my proof of payments for the HANP and the proof of delivery for the previous loan modification that Saxton claims did not get in on time. He told me that he was halting my foreclosure for two months until they can find out what is happening with my modification. He also stated he would talk to Denise teller # 8741 on the escalation team to investigate this issue with my HAMP modification.
11/18 Called and spoke to Veronica told her I received a letter yesterday dated Nov 12th stating that my HAMP has been extended to December 31st. She mentioned that she still shows I have been dropped from the HAMP program and she shows a sale date of Nov 23rd she told me she saw all of the document that Josh (that is what she said) at the fair had submitted but that there was no stop on the foreclosure showing. I was on the phone with her for 50 minutes. and no resolution she even told me to be patient and that some would call me before the sales date. She also mentioned that I Josh mis-communicated to me and that she is unable to get a hold of him directly.
11/18 spoke to Jose he told me that he did see that a investigation on my file is being conducted and that he did not see a sales date. He also told me that I would need to check back to find out the status of the account
11/20 Called Saxton w/ Yati spoke to Clyde who checked and said there was no sales date. He also checked to see if there was a notice of default and he did not see one in his notes. Yati mentioned that she would call the attorney office of Saxton to try and get them to put something in writing. Yati also mentioned that I should make sure the notice of default was recorded on the correct property because the 4/08 and 10/08 was not recorded correctly look for the title details and legal description.
11/20 Kelley Hope Now #17513 Fax 888.261.1917 – requested another financial package she stated that she only needs Pay Stubs, Financial forms
DD: 888.325.3502 ext 202218
12/1 Veronica 20901 told me that I could only make a payment via certified fund I told her I would sent via western union
12/4 Douglas 21719 stated that western union payment is not showing as received yet and stated that it could take up to 48 hours to post.
12/9 Alvin 21724 – I was told that a letter was sent out on Dec 8th extending the modification and that all documents have been received and that everything looks good to continue with my payments until final loan doc are sent
12/14 HUD called to give me the loss mitigation department number to further asst me and that she was responding to a letter that they were copied on the number she gave me was 888.297.8685.
12/17 – Tina 21721 she stated that I was still in the trail payment period and that my next payment was due Jan 1st, Kristy Santos is my negotiator according to Tina I am still pending and that nothing has been finalized and will not be finalized until I sign final modification papers. I explained that I had a letter stating that it had been approved and the I should be receiving final loan documents and that I still have not received them.
12/17 called Kelly w/ Hope Now within Saxton left a message to return my call. 01/17/10 called and left another message she has never returned my calls.
01/07/10 Shane 22523 called to find out status of HAMP still pending has not been finalized yet was told negotiator was Kristy Stanfield. I informed them that I have a letter stating that the loan has been finalized but was told by Shane that nothing has been finalized and that there are not any time limitation on how long it will take to complete the loan, that it will take as long as necessary to finalize. I told him I have been making payments for 7 months and that seems a little unreasonable to make a statement like that. I will be sending the letter from Saxton to the Texas Attorney General office for documentation of some more of the same run around by Saxton.

My 15 year mortgage is supposed to be paid off May 10, 2010. The loan originated with First Union Home Equity Bank in May 1995 and then servicing was transferred to HomeEq Servicing Corp. in December of 2000 - now Home Eq is saying we need to pay 13,000 in May because the loan is ending - we made our payments every month for the past 15 years and can not figure out why 13,000 is still due - we asked for loan history and got from 1998 to the present - lots of mistakes - we asked for loan history from the beginning of the loan and need the missing years 1995-1998 and keep getting told by 1st Union and HomeEq that those records are no where to be found - it is interesting that the amount they say we still ower is approximately 2 1/2 years of payments - coincidence? Any suggestions, ideas, HomeEq says they will foreclose right on May 10 if we don't pay the 13,000
Denise

A lot of the real estate agents are frustrated with Kondar too.

"What has happen with Kondaur? I just get a bad feeling with these folks. Back door sleezy types. I turned down their listing and BPO etc and from the looks of things I'm glad i did"

My home was foreclosed upon on 9/7/10. Everhome Mortgage Co. in Florida is the servicer. This company raised my payment $300/MONTH due to taxes/insurance they say. I could never get thru to anyone but customer service. Finally out of desperation I contacted the PA Attorney General's Office. He contacted Everhome and they did an analysis on the account. I was contacted by letter indicating an error had been made in the calculation of the escrow account. I received the letter May 20,2010. I received foreclosure papers in April, 2010. I have contacted all the agencies I can think of. Any advice out there for me? Thank you...

I AM NOT AN ATTORNEY HOWEVER YOU MIGHT CALL ONE YOU CAN TRUST, THERE ARE NOT MANY I KNOW OF. ONE THING IS YOU SHOULD LOOK UP THE STATUTE OF LIMITATIONS IN YOUR STATE FOR SIGNED CONTRACTS. IT IS SIX YEARS IN THE STATE OF WASHINGTON. AFTER SIX YEARS ANY SIGNED CONTRACT IS PAST THE STATUTE OF LIMITATIONS AND THE CONTRACT IS VOID. ANY UNSIGNED CONTRACT IS VOID LIKE CREDIT CARDS AFTER THREE YEARS. LOOK UP YOUR STATE. I BELIEVE YOU CAN USE, AND TAKE THE HEAT OFF AND OWN YOUR HOME. AFTER ALL YOU HAVE PAID IN FULL. I WOULD NOT HESITATE IF IT WORKS FOR YOU. IF YOU HAVE PAID YOUR TAXES FOR OVER THREE CONSECUTIVE YEARS THE BANK CAN NOT CLAIM QUIET TITLE ON YOU. IF YOU LOOK UP MORTGAGE SERVICING FRAUD ON THE INTERNET YOU MAY FIND YOUR BANK IS ONE OF THEM AND ACTUALLY DO NOT HAVE AN ENFORCEABLE DEBT. MOST OF THE BANKS HAVE SEPARATED THE DEED FROM THE NOTE AND HAVE AN UNENFORCEABLE DEBT AND HOPE THE PUBLIC IS NOT AWARE , HOWEVER WE ARE. MOST OF THE BANKS HAVE BECOME BANKSTERS AND FRAUDSTERS AND MORTGAGESTERS.
AND HAVE BECOME SO GREEDY AND EVIL THEY WILL DO ANY THING TO STEAL YOUR HOUSE AND I MEAN ANYTHING.
SAVE THE AMERICAN DREAM AND BECOME KNOWLEDGEABLE AND DO NOT ALLOW THESES BANKSTERS TO STEAL YOUR HOUSE. READ EVERYTHING YOU CAN ON MORTGAGE FRAUD, AND MORTGAGE SERVICING FRAUD. THE BANKS WANT YOUR HOUSE AND THEY WANT IT BAD. THEY WILL PULL EVERY EVIL STRING THEY CAN TO TAKE THE AMERICAN DREAM FROM YOU.