EMC Mortgage complaints spur consumer class action lawsuit

I surely hope that someone puts a stop to these scammers!!! I applied for a loan modification in July 2009, and have sent in paperwork every month since. I received a letter in May 2010 telling me that my loan had been denied because I had failed to send in the required documents. I've been told that I faxed to the wrong number, mailed to the wrong address, even mailed in the wrong forms, which I received directly from them. I received a complaint from an attorney that's representing them, that tells me what my balance is that I owe them, as of April 2009. What I want to know is...what happened to all the payments I made between April 2009 to the present date? When I sent my August 2010 payment (through Western Union), they sent it back. I hired an attorney two weeks ago to help me through this process. I recently received a quote to reinstate my loan (thru my attorney) that says all I have to do to reinstate my loan is send them a check for $30,000. I recently received a payment history statement, that I had requested over a year ago, but it's missing the first 9 months of payment history. My bank statement from the very first payment I made to EMC shows that they waited until the 16th of the month to post my payment, which gave them the opportunity to charge me a late fee. And they've charged late fees to my account every month since over the past 4 years. There was no way for me to know this was going on, though, because I haven't received a statement from them since 2007? With the exception of my statement that I receive for tax purposes. My property taxes for 2008 weren't paid until July! Aren't they due by Jan. 15th before a penalty is applied? I could go on and on about this company, but I'm sure it's not anything you haven't already heard. I've been transferred as many as 7 times to different agents who only hang up on me. I was told at one time that my loan modification documents had been transferred to an underwriter, who would be in charge of my loan modification. My underwriter's name is Moses Kim, and his direct line is (949)812-3287. Try calling it...I've called it a hundred times, and left hundreds of messages for Mr. Kim, but for some reason, he won't call me back. When I recently asked an EMC customer service representative why I could never get my underwriter on the phone, she told me that he would only call if he had questions for me, or if he needed me to send in more documents. I was told that I could not speak to him unless he called me first. It kind of makes me feel like Dorothy, waiting to speak to the Wizard. DING DONG, it's time for this witch to be DEAD!!!

This has happened to us with EMC and we have a home in Florida. They are trying to foreclose but have kept putting it off sin Sept 2008 but adding charges. Can anyone help?

Paul,
How is it that you are still in your home, since 2008? We were just served with a complaint about a month ago. We've hired an attorney to help us through this process, but I'm curious as to how you've remained in your home for this long? And are you still currently making payments?

I have had the same trouble as the others posting. Do all the paper work, pay the modified payment for 7 months, then Bam! Hit with a foeclosure notice because I didnt send in all the required documents. So why did it take 7 months to tell me? I sent in everything on the form. Even when I send in a check for the full monthly payment, they mail it back asking for certifed funds???? I have been granted an extension on the foreclosure by the court and will be contacting my attorney monday morning. Contacting EMC only leads to countless transfers and no results.

I am having the same problems in Nevada with EMC. If there is anyone interested in a class action lawsuit in NV against EMC please email and let's not let EMC get away with this in NV either !

I was in a "temporary" loan modification with EMC for 12 months -- paid every payment on time. Then was notified I had missed payments & had to re-do everything. No evidence on their part that they had received any payments. Same BS different day. Hired attorneys to help. Got a sales date anyway -- served my tenant who wanted to move out. Filed emergency BK to stop foreclosure which it did. But nothing has happened since. I have Chase for my primary residence -- same problem, going on 3 years. My loan started adjusting, my payments went into "suspense." and BOOM! I was in foreclosure after years of faithful ontime payments. Please tell me how to join a California class action lawsuit against EMC & Chase. THANKS!

We have been in this refi hell for 3 years and now have a sale date on our home 3weeks away. when i call the answer is always the same your app is in underwriting being reviewed. i am not so sure they arent stringing this along until sale date so i cant short sale or have no options left. Initially i thought their goal was to keep me in my house as my income has increased but now im not so sure they dont just want to sell my house. we started with an in house modification 3 years ago which increased my payment $100 a month then did the obama thing to finally be denied a permanent modification. Now 2nd HAMP app has been denied and trying in house again if they dont sell it first. could actually make the payments now but so far in default they might not be able to modify.. These cheating B@#$#$ds have drug this out for so long I am probably gonna lose my house. I am in Illinois if their is a class action suit out there i want in

I'm in modification HELL FOR 25 MONTHS AND COUNTING

I CONTACTED (BEARS STERNS) EMC/ NOW CHASE/ nov 2008 and told them I was in trouble and couldn't make my payment they did what the usually do and said the couldn't help until we were at least 60 days behind by january 2009 I had started the process of a normal modification. WE fell 2 months behind but had never missing a payment in the previous 7 years we had one of those ARMs A 5.85% that would adjust in march 2010.
I paid the 1152.00 in January for nov and sent the request for modification and continued with trial payments as agreed and sent in all the paper work requested, the situation was I had a medical emergency and became disabled, in 2002 And I was getting SSDI and the wife got Leukemia 2007 we had exhausted all of our savings, retirement etc,and maxed credit cards etc family loans gifts etc... but it looked as thou the wife was gonna be ok and return to work. She was a in the process of finishing her certification to be a certified medical asst. (she got 489 out of 500 in June) so income was not an issue, we both had disability income at that time and had already Qualified. They approved it and sent the mod in march 2009 but the day we were ready to sign off they called and told us about the HAMP program and said it was a better deal we discussed it and decided it was a better deal. So again we sent in All the documents along with a two page letter with detailed explanation of our situation and began the trial payments.
Every time I called they were clueless as to the status of the MOD we continued to receive default and foreclosure notices COLLECTION CALLS that put us in panic each time I would call again and WE would be told different things every time and ask to send another letter and documents in again, The wife had finished all her chemo. She got her certification and was gonna teach at one of the medical asst. schools.
By now its 2009 FEB and her monthly blood work came back undetermined , By march 16 2009, 2 years to the day of the first diagnosis the cancer had returned, 2 more rounds of chemo March & May and testing for a bone marrow transplant. The modification was the least of my worries at this point, but I continued to keep in constant contact they gave lots of promises but no results and I continued making the payments as agreed on the 3rd of every month.
By june we found 2 perfect matches for A BMT transplant but there was a road block A fungus in her lungs had to be treated with a terrible Anti fungal drug. On aug 5th the did the BMT it was a success, But she had been beaten up so much from all the chemos and Antil fungul that caused Renal failure, congestive heart failure, multiple organ failures ETC... she died in my arms Oct 18 in OUR HOME.
We had Finally received the modification Oct 1 st and signed it sent it back Oct 4th. During this time I was preparing our home for her recovery and I had keep in contact With EMC/CHASE they Knew how urgent it was that it be resolved we were relieved to have it done. Then by December I still had not got the counter signed MOD back and still could not make payments on line I spoke to them every month until February then got a supervisor who promised he would get the matter resolved. Then 2 weeks later I get a ANOTHER new modification with vastly different terms and a $4,500 second attached. I called and they told me the fullfilment had rejected it this was the first time I was told anything about them rejecting it no letters, no calls, nothing. I was distraught you see the loan was in the wife's name and she had Died so the power of attorney was not valid and because of all the previous problems I had with the incompetence and misinformation.
I had not informed them of her passing because I didnt want to throw a wrench in the works till I got the countersigned MOD that was the complaint I had in FEB so I signed the Feb 2010 MOD and enclosed the death certificate and sent it back.SOME OF THE CONVERSATIONS WERE WITH THE HOPE reps escalation team eventually they said it was a legaL matter and could not help me anymore. (Az is a right of suviorship state and we we both on the deed of trust) so it should Automatically conveys to me.
BUT LOW and BEHOLD I received the OCT 2009 countersigned A week later now I think its over they transfer it to me were done....OHH NOT quite OH no.. I submit an affidavit evidencing termination of community property held with right of survivorship, recorded at the county recorders office and I DID a qualified written request under RESPA sec.6 . I have continued to make the payments on time and have constantly been told again and again it IS in the final stages of resolution. So here we are AUG 2010 the loan is still listed as my wife's name the payments amounts on the web site are wrong Feb figures and they have added almost $20.000 on to the loans principal. I have keep making the Oct09 mod Payment amount because this is legally binding. The Feb One is not, and I have the counter signed documents from oct 09 modification! the have put me through hell and I have had enough and on top of it all my 91 year old Mom suddenly died April 5th. I am MAD AS HELL AND i'M NOT GONNA TAKE IT ANYMORE I see there are over 30,000 PEOPLE HERE ON THESE come on!! IT'S TIME TO TAKE SOME ACTION. DOCUMENT EVERYTHING AND IF YOU STATE ALLOWS RECORD IT. I HAVE copies of everything and have recorded the conversations I had with the people 90/% of the time proof of there lies and promises broke.

Federal law, the Garn-St. Germain Depository Act of 1982, specifically forbids acceleration
when the property is transferred from one spouse to another and permits a spouse or child
to assume the mortgage obligations.4 Freddie Mac has long allowed mortgage assumptions
by relatives as one method of working out delinquent mortgages. Such transfers are most
likely to occur upon death or divorce, which may happen in the context of domestic
violence. Following these policies, the HAMP program should allow mortgages for certain
homeowners to be assumable. Homeowners who have recently suffered the death of a
loved one should not find themselves immediately faced with foreclosure or suddenly
elevated mortgage payments.

The trial modification program currently complicates matters for participating homeowners
by increasing costs and failing to maximize the chances for long-term success. Payments
received during the trial modification period should be applied to principal and interest, not
held in suspense until the end of the trial period. Trial modification payments should be
applied as if the modification, and any capitalization, occurred at the outset of the trial
period, with payments allocated accordingly between principal and interest. The policy of
capitalizing arrears at the end of the modification period, including any difference between
scheduled and modified payments, penalizes homeowners (including those not in default at
the time of the trial modification) by raising the cost of the modification and increasing the
chances that some homeowners will not pass the NPV test. The use of suspense accounts
and capitalizing arrears after the trial period render meaningless the term "modification" in
"trial modification." In addition, homeowners who are not delinquent at the start of the trial
period and who are making payments as agreed under the trial plan currently are reported to
credit bureaus as making payments under a payment plan; they should not face decreased
credit scores simply because they are seeking to attain a responsible debt load. For
homeowners in bankruptcy, the new rules defining when trial payments are “current” fail to
take into account the delay in initial disbursement that may occur when payments are made
through the chapter 13 trustee. Finally, homeowners need some assurance at the time of the
trial modification that, if their income is as represented upon approval of the trial
modification, the servicer will provide a final modification on substantially similar terms.
Homeowners are bound by the trial modification; it is not clear that servicers are.

I am going start to put this together and try and find a lawyer most all I spoke want money up front I just don't have so who's with me I will find away to star a website for donations for a legal defense fund I think we all can afford $1.00 or 2.00 so if thers 5,000 people that a 5k or 10 k retainer and then maybe some honest moral lawyer will take them on WITH US OR go pro bono, OR EVEN contingency fee.
I realize this is big but its time they realized they cant treat people like this when we ALL HAVE acted in good faith and there not. my case alone may be lead because of the MY SPECIFIC circumstances. SO WHOS' WITH ME?
AND BY THE WAY THERE,S BEEN 7 CASES FILED AGAINST CHASE/ EMC & BEARS STERNS JUST SINCE JUNE 16 FOR FAIR CREDIT REPORTING, TRUTH IN LENDING AND CONTRACTS BUSINESS

BUT WAIT There's MORE ! I had sent a letter to chase executive resolution dept just befor I saw the lawyer for foreclosure mitigation law project, Alan Ginsberg, thru Community legal services I got 2 hrs with him and he found 4 error's and or laws they had violated and suggested i get a lawyer problem is i cant afford 1. While in the consultation the Rep from Chase Exc. Resolution Dept. called I put him on speaker and the lawyer listened in. The man Identified himself as Dave Thomas research specialist. He assured me everything was in order and they would get this cleared up. he said had a few more things to review and would call me back the next day. well he did call but had no specific answer again and promised to call on Thurs. After that he never called back, so I left 2-3 voice mails in his message box. Then on Sept 14 0210 @ 10 20 am I recived acll from a Brenda Roberson she Identified herself as the Chase executive relationship manger I explained the problems and she stated they were in the process of fixing the the account status and it would be updated correctly shortly but she had no authority to address the other problems and she would contact legal, rep Rita Lewis for the rest and IT about the web site lock. ON 9/29/2010 she call back and basically said ther was nothing more she could do it was NOT in her pay grade... basically. BACK to square 1 I have not had any calls form anyone there since.
UPDATE 10/12 /2010
In today's mail I received an EMC mortgage statement, and oddly enough.. an Acceleration Warning (Notice of Intent to Foreclose) the loan is paid up to date I have never missed any modification payments yet it shows me 3 months behind. the web sit reflects the same info. I printed out the pages of payment history and the loan Info. AT this point the steam is coming out of my ears. It is too late in the day to call them but they will hear my displeasure wed. I have locked and loaded. I am done..." NOT ON MY WATCH!" not anymore!!!! Anyone and everyone who will listen... is gonna hear about. this is going out to everyone anyone I can send it to.

Looking for a class action against Chase Home Loans. I have gotten the run around for 2 years on my modification saying I make to little or to much depending on how they look at it. They have refused to let me see how they came to these calculation. I went though a trial modification paid for 6 months and they turned me down, no explination. Fed up, exhuasted and broke. Need help from the bloodsucking corporations.

Lost everything.

same problems with modification with chase. anyone with a class action lawsuit in florida, contact me

We are EMC customer; Is there anyone out there persuing a class action law suit? Are there attorneys working on what is happening. We have similar problems with EMC-Loan modifiction, inconsistant communication and false information about what they offer to help. Three years into this horror with no relief; nothing but bad credit now and deeper in debt trying to hang on.
Not sure what to do or who can help.
kelly bayne

It's good to see more consumer class action suits popping up for mortgage fraud. There's been enough damage done to the real estate industry that it's time consumers take action.

My name is Mark Chandler
I am filing this letter to you as Chase bank has totally messed my credit up!
In March of 2009 I started paying Forbearance payments to chase bank for 6 months and not getting anywhere with them. They totally messed my credit up saying to me that they were doing so because I was not making the full payments on my home! Also in in 2010 they took $5000.00 from my escrow account telling me in a letter it was theirs because I was not making the full payments. Chase bank has screwed me over with this, taken my money and still had not modifies my home!
My credit is shot to hell because of this and I want it back!
Sincerely Mark Chandler
925-679-9951

I have the same problem right now with EMC in Anacortes. Never missed a payment and all the sudden they tell me I'm behind since March but when they finally mailed me my payment history funny there is not late fees for every month they say I am late and now they say it is in fore closure status.. How can that be. They are also saying I owe more than what my contract was ever for. I can't refi since they are reporting my pymts late and I can't get a hold of the company.. WOW what are you suppose to do?

We had a five year balloon. When it came due they doubled our payment. They told use they could redo the loan at which time they took all our equity. We have lived here 10 years. The last 2 years we have been trying to get a loan modification. We call monthly they first said dont make payments while we are doing the paper work then we called again ands was told to keep making the payments. We got behind on the payments. The modification was denyed after waiting a year. We called back and they want use to resend papers in to be considered again for a modification. We call monthly and get a different answer every time they are working on it, its in underwriting,they dont have the paper work. I have heard it all and need to get something done before we get to the point of foreclosure status. We can refianance with another lender becasue we are behind on our loan so we are stuck at 7% interest. We are in Kansas is there anyone who has found help or something we can do?

I have the same problem with EMC can anyone help? I live in NJ, does anyone want to start a class action out here????

I have been having the same problem with EMC and I am tired of faxing the same paper work over and over again. Everytime I call someone tells me something different. I have know idea what to do or who to talk to about this matter. Celise in North Carolina

These people are rediculous. Their cruelty is matched only by their corporate ineptitute~! I wqant to fight them, physically, but since that not good, i'd like to fight them in court! The loan started out at 2478. 00 a mount and escalated all the way up to 4700.+ at which time I told EMC, " You clearly want this house more that I do, I therefore, shall not send you another dime. Come get your house"! and only then did they begin the year and a half process of modification process which was a joke. I will sign on to a class action law suit in a second!

Last Fall, my mortgage payment was returned to me & they said they did not get modification paperwork in 2009. Twice they were supposed to send me the paperwork to fill out & did not. They had no problem taking the agreed upon amount though for a year. I faxed them paperwork in November of 2010 & still have not heard anything about an appeal for modification. they just continue to call me & demand over $16,000- & attorney fees & tell me to do a short sale or they will have to foreclose. I am Soc Sec Disability, have 2 teenagers, and am involved in Voc rehab to try to get my degree. How can I study & live with all of this stress? I have had my home for over 18 years & am sick thinking about how they want my home in order to make up for all their financial losses from bad loans they gave out to others. This is pathetic & cruel!

We are in the exact same boat. EMC is horrible. We were on a temp. payment plan while they supposedly modified our loan (we have an ARM and the payment went up). We finished our payment plan and they still hadn't finished our MOD. They put us on another temp payment plan. Finished that one and nothing. We decided to see if we could do a short sale with an investor. The investor contacted EMC and they said things were going well with negotiations. The investor told us to stop making payments. We did. This went on for over 6 months. The investor finally called us and said EMC declined the short sale! They advised us to contact EMC immediately to work something out with them. We did immediately! No phone calls back...nothing. Until one day out of the blue, we got our so called MOD by FedEx. HA! I laughed when I opened it! It was DOUBLE our mortgage payment! It said we had to return the paperwork within a certain amount of time or they would start foreclosure proceedings. We never returned it because we can't afford double original the payment. We have been calling daily (twice a day) with no answer, no call backs (we've left messages). Nothing, zip! We are at a loss, we don't know what to do at this point. We still haven't received a notice of foreclosure. We'd love to keep our house, but if they are going to take it away, we'd hate to try and make the repairs it needs. I'm in Texas by the way. Please contact me if you have any info about a class action against them here. I don't have all the notes and everything, but I do have everything they've ever sent me. Thanks!

I have the same story and it began in 12/2008 and I am still living it. I live in MD and my property is in MS. My credit is shot and it reports as foreclosure but I have never received notification. This is my 2nd attempt of modification as the first was denied for not having the proper paperwork - that i faxed a ridiculous amounts of time (i did not receive a letter, I called to check the status and was told 2 months later)I was relieved to find this site, but told by the law firm that they are only representing CA residents. Anyone??

In Texas with a very similar issue. I need to know of any Class Action lawsuits in Texas against EMC.

stacey i was contacted by lanza and smith recently regarding this lawsuit filed against emc mortgage corporation and they explained tome about the lawsuit that they have filed and and asked would i like to be a part of the litigation and then start explaining the difference inclass action and litigation 1stclass action means the lawyers get most of the money recovered .2nd litigation means.the claimants get most of the money.and then start explaining there fees to represent me in the litigation lawsuit yhey are a joke .ihave already been cheated and robbed enough there is no justice everyone is out to take your money dont waste your time contacting them they want you to pay them upfront and there is really no guarranty that there will be any compensation

If there are any Attorneys suing EMC -CHASE -JPMorgan
I have all the paper work time and dates on all that EMC has done to me in California
please contact me @ carlbkillebrew@gmail.com

It is a crime when an employer just tries to destroy a former employee career wise. I am just one of many employees that have been railroaded by this evil company. Currently I am still on the uneployment line as a result of foul play allegations that I was not doing my job. I had at least 10 years service as both a temporary and permanent associate of the company, going back to the days of Chemical Mortgage, as well as BankOne. Even the Unemployment Compensation Board stated that I was fired without just cause. However, there is a clause in the contract signed with Chase that states that an employee can be fired at the company's discretion. An abomination and a miscarriage of justice. There is an old saying my grandfather taught me and I live by it: THE BIGGER THEY ARE, THE HARDER THEY FALL!!

I had the same problem with EMC. Now they have transferred my mortgage to Acqura and Acqura says that they don't have any payments from me since 2006. I asked them what happened and they said that when they got the account there was not a record of me making any payments since 2006. They have since sold my home (sale yet to be confirmed). I live in Illinois and have been going thru this for a long time. EMC has denied my loan modification and they had told me that I would have to get the paperwork in in order to get the loan mod to go thru. I have faxed so many papers over and over and then Chase sent me some letters advising me to hurry and get the same info in that I had already sent in several times. Now Acqura Loan Servicers told me not to send in any payments that they would need 50,000 dollars from me in order to catch up on the mortgage. I am so tired of dealing with this and then they sent me a notice that my escrow was low and that my payments would go up from 907.00 to 1518.00 What has happened to the payments and the insurance and taxes. Please someone help.

Bought a home thru EMC in 2004 with $340K down. Had a separation and decided to move to a condo I also bought thru EMC with $65K the same year. The renter moved into the first home with the conditions to rent and begin a short sale. EMC 'played' with this guy thru escrow for the subject home, thereafter realizing he never put a dime in escrow. After five months of lies EMC closed escrow and began a foreclosure immediately. EMC still talked to this guy regarding the foreclosure. The renter then used a grant deed I had signed to him in hopes of a legitimate short sale and a Secured Note Deed of Sale for $100,000. He presented this deed after he was dumped from the short sale and never honored the Deed of Sale. Nightmare began! The criminal then stayed in the property for the next five years and EMC continued to delay the foreclosres. He filed the grant deed (after EMC kicked him out of the short sale) and he then deeded the property to two other people to delay more foreclosures for the next four years. All three people involved with these grant deeds went to bankruptcy cout to justify delay of the foreclosures. Finally EMC changed my loan to reflect a -$45,000 Chapter 13 in the fourth year - NOTHING OF WHICH I WAS INVOLVD WITH. I continued to contact EMC as to why they would involve themselves with this criminal. This is bankruptcy fraud. EMC would not, could not, deal with my many questions. I went to the local DA and they acknowledged the dealings were 'highly irregular' and civil. I took the police to the house to retriev $25K worth of personal property and the criminal literally to told me that 'no damn body was coming inside of his house'. The police agreed it was then civil. I went to court to evict him an the judge said I needed a lawyer. The judge asked him if he had paid rent for five years and he said no. The judge asked about the 'other two involved with criminal bankruptcies and couldn't answer the question'. The judge asked me to get a lawyer. I can't afford a lawyer but I've read up on similar findings and now convinced this is a CRIMINAL OFFENSE and EMC was involved with this squatter by altering my loan document with a falsified bankruptcy request - an 'INSIDE JOB'. Chase now wants foreclose on the property in 30 days because I have not paid rent at this property for five years. Yet they cannot/do not address the criminal reference to the 'shady dealings' with the loan document of a misrepresented chapter 13 that I never requested.

Terrible, terrible experience. I've been to hell AND BACK to rectify this mess.

Chase has given me 30 days to foreclose now.

I am in the same situation as others with JP Morgan Chase. Very long story which is just to complicated that it would just bring me down more.
The Home Buyers Credit in 2008 which we owe $3,250 dollars now on it, they took there share over a fifteen year period and we have been in this home since 2008. The government lied about that with no interest and then you pay back and each year, they did charge interest and you have to pay back out of your taxes. They will take it and now our home is under foreclosure and we have done everything to try to stay in it. Modification, Get Hope, etc. We received from the State yesterday that we have 23 days to respond back and that is what I have been doing since April of 2012. Sent in all required documents five times over and over. Then, it was one week late from the State of Ind. that we have 23 days to respond back? I been talking to the same person from Chase and I call and then she calls and says lets keep our fingers cross, well I got the knock at my door and there was the Sheriff. She from Chase was in a pleasant mood then, I tried to call her back after I received my papers of being sued and they are also sueing my Home Owners Insurance Company too. That is just not reasonable at all. Trying to figure out to much at one time and not sure what to do. I have my Auto Insurance with them. She was not there to answer my questions when I received my papers, (Chase debt collector). I believe she knew I was going to receive them. Could go on and on but if I could get a response back at my email address of mj6057@comcast.net my wife and myself will be in a homeless shelter in 23 days..

I want to take each person in this institution down and dance on their grave. Bear Sterns fraud with Arm and SPS or Faibanks (devil has many names) mortgage fraud in 2009 then sold to
chase after robo signing me put me in bankruptcy ch 13 $10k in suspense of mod going thru is missing. then chase refuses a second mod request and sells back to SPS who plays same game on mod.
This is illegal, immoral and sick.
Hope tried to help, Hamp tired to help.
fed gov tried to help/ got $800 back from independent review. HUGE FRAUD.

class action all the way no matter the cost they need to fry. ceo down to each employee involved.