Share Your Story
Everyone has a story
The best way to humanize a story is to share it. The best way to right a wrong -- is to expose it. Below are just a few of the many consumer stories highlighted throughout this blog. We will continue to add to the list because we believe that writing about corporate wrongs --often helps right them!Dear PHH Mortgage: Stop Screwing up our Credit and our Payments! Stop trying to Steal our Home through Foreclosure! Kendra & Todd's story
Homeowner asks; What happened to the American Dream? Andrea's story
Mortgage Payment Rises 50% now Home about to be Auctioned Judi's story
Homeowner to Chase Bank: Dear Mr. Lowman, here I am. Martha's story
Homeowner to Mortgage Servicing Company: "Step Up and Do the Right Thing!" Sue's story
Mortgage Servicing Complaints Rise; Tammy's Story
Don't skip Mortgage Payments; Mari's story
Why we need financial reforms The Parton's StoryIf this can happen to me, it can happen to anyone Jessica's story
Loan modification runarounds McCloskey and Cheverez story
Think your home is safe? Think again! Jack's story
Homeowners Plead for Help from Abusive Mortgage Servicing Practices; Please Stop this Madness... Kevin and Rosemarie's story
Mortgage Company Adds to Family's Hardship Margaret and John's story
Homeowner to Bank of America; You can't steal my house! Sara and Moshe's story
Small Business Owner: "Chase forced us out of business!"
Ocwen is trying to steal my money and my home. (videos)
Homeowner to HSBC: Who is Mers? What the heck is going on here?" Susan's story
Disabled Homeowner loses Mom, now fears losing home Steven's story
Mortgage Payment Rises by 50% now Home about to be Auctioned Judi's story
Small Business Owner; "Chase Forced us Out of Business!
Continue scrolling down for more stories...
If you have a story to share you can do so several ways:
submit as an email, with "Share my story" in the subject line; comment below, or find similar complaints on your topic searching this blog under "categories"... and then comment there.
A memoir exposing the steep price consumers pay when facing mortgage servicing errors, inaccurate credit reporting, illegal debt collection practices, identity theft and weak consumer protection laws. THE BOOK » DENISE'S STORY »
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EMC Mortgage danced us through the initial process for loan modification based on financial hardships we suffered through the past year. We were assured we qualified; complied with every document request and made payments on time throughout the "trial period". After approximately 6 months we were told we had qualified and the offer was in the mail. The offer was absolutely laughable - the interest rate was lowered minisculely, the term of the loan was extended by an additional 10 years to 40 years and the monthly payment would have been $100 more than the payment we had been making during the trial period and the total loan balance was increased "due to interest" from $300K to $307K? Coincidentally we were behind in payment approximating $7,000! We are attempting to re-negotiate the terms since this is under the HAMP (Home-owners Assistance Program) but see only an assistance for EMC and not for us, the homeowners! EMC is resisting our attempts to re-negotiate. Why is that? In the interest of customer service when a lender has a customer who wants to stay in their home, is showing good faith, why would they rather foreclose on a property on which they've made no profit to date and are likely to have to sell short and take a loss? Does this make sense in the business world? Do we pursue this ethically or act like many other millions of Americans, throwing our hands up in the air and quit making payments and just walk away?
For more info on EMC also see:
http://www.givemebackmycredit.com/blog/2009/07/complaints-against-emc-mortgag.html
Thanks for sharing, Melinda.
...with any hope, if the right person, who I believe is, Elizabeth Warren, is appointed to lead the new Consumer Protection Agency, mortgage servicers will be held accountable for these types of predatory mortgage servicing practices. Only time will tell. It's clear that these types of complaints and hardships are plentiful, and show a clear pattern of abuse that not only hurts homeowners, but any chance for an economic recovery!
For more on Elizabeth Warren see: http://capwiz.com/affil/issues/alert/?alertid=15256046&PROCESS=Take+Action
I was cleaning out my drawers today and came across a 2006 Centex mortgage equity loan application still in the envelope it was mailed to me in. I had at the time applied for an equity loan via Lending Tree online - the company that supposedly got you the best rate. Centex was the the first that replied with an application ready for my signature. I almost croaked when I saw the loan terms. I put the docs away & sent an email cancelling my application. Several weeks later, a Kevin Borges from Centex Home Equity Company LLC in Tempe Arizona calls me on my cell. I'm super busy & this scumbag calls me at the wrong time. He wants to know when I'm sending in my completed application. I tell him never; that I read the loan terms that only someone certified brain-dead would sign to. He repeats the phrase "brain-dead huh?" -I repeat, "yes VERY brain dead - now, don't bother me anymore - I'm too busy for you creeps!" I was insulted that this moron would think that I would sign to a loan that was 4 points higher than what I already had - raise my total loan by 10K AND leave me with a total equity cash of $50.00 as the loan fees totalled 10K! I'm so glad that I saved these documents that I was initially going to shred (I'm sure Centex shred all of theirs a long time ago!). Even though the application contains several pages of disclosures, the actual loan application is to anyone with an IQ over 50 absolutely predatory in that no person in their right mind would knowlingly accept such terms. Any law firm that wants to try to go after Centex/NKA Nations again from a new angle & with new evidence, you can reach me by email; null0007@gmail. I'd love to get these bums fried! BTW, I kept my original mtg & got a real equity loan to which I am blessed to STILL own my home & with some equity too - thanks to staying FAR away from Centex.
My Name is Cindy Price my husband and I would like to tell you a tiny version of what EMC has been pulling on us, starting in February of this year EMC Mortgage Company which we do not have an escrow with!
They paid our 2009 taxes in February of 2010, I am not disputing that we were late on our 2009 taxes, matter of fact they sent out our 2009 taxes 3 days before we did and never notified us that they had done so, the only reason that we found out that they did this is because our check came back for the tax bureau stating that our taxes for 2009 were paid, so I called the tax bureau and they said they were paid for by EMC Mortgage, I called EMC and they said that they paid the taxes because we defaulted , I called EMC Mortgage and spoke to a lady by the name of Esmeralda she said that all I had to do was send the check to them and I would have no penalties, and to also send a letter that we would pay our own taxes and there would be no further problems, because I had explained to her that I was out of work for 2 plus months for a total hip replacement and we were trying to get back on our feet, I was now sending my check for my mortgage every month by certified mail, they have cashed every check and then in August of this year we get a certified letter stating that they would be foreclosing on us that we haven’t made a payment since May 2010, but they were still cashing our checks each month which I have proof of. (I haven’t missed a payment)
I called them on August 30, 2010 and spoke to an employee Matthew emp.ID (MWR) he said if paid them 1464.64 and make September’s payment of 487.97 that I would be totally caught up; I even sent an extra 47.39 in the check to help with the principle so again I sent them a certified check by certified mail they signed and received on August 31, 2010, and it posted to our account ,I called there automated system and it said the payment was received and my next payment was due September 1, 2010 in the amount of 0 dollars and 0 cents, on Saturday September 3rd, 2010 we received and certified letter from them that we now were again in default and that they were going to foreclose and that we owed another 694.01, it also stated in this letter that we now haven’t made a payment since July, I called the automated system again and it now said that we owed that amount and it was due on September 1st, 2010 when 3 days before it said that we owed nothing for September, I have saved all recording of the automatic system. Again they are charge late fees
. They have been charged in the past for unscrupulous behavior and ripping off consumers.
They have been found guilty of this and paid out over 27 million dollars in 2007, which I’m sure to them is a drop in the bucket to them “so to speak”
We have contacted this mortgage company numerous times and each time they tell us something different and say they will check into this and get back to us and never do.
Please somebody stop this corporate madness. The stress on me and my husband is unreal
Sincerely,
Cindy & Gary Price
New Cumberland, Pa.
I'm in Charlotte, NC (Home of BofA Headquarters) and a 90% Service Disabled Veteran after being medically retired in 2004 after an AH-64 Apache Attack Helicopter crash that I was piloting. I was under the HAMP program with Bank of America / Countrywide MERS for 11 months and paid into the program 7 months before being denied HAMP and a Second Look Option after my commercial real estate business failed, due to the recession in 2008.
BofA said my HOA dues were calculated in and covered in my 7 not 3 trial payments. My HOA dues and collection notice were Faxed to BofA’s legal department (twice) for review and was notified “Not to worry, and no need to Go to court for the Hearing” since NC wasn't a super lien state and that my HOA couldn't foreclose if I fell behind in HOA dues. I faxed in March 2010 and my HOA lawyer foreclosed on me 3 months later after $900 in back dues and they just sent me a 30 day "NOTICE TO VACATE"!
I checked the Register of Deeds and the Deed is now in my HOA lawyer’s LLC, ADL Holdings. I was told by the HOA Management company (CSI Property Management) that the HOA owns my house and BofA owns the note. The home was put in a holding company where they do not have to pay taxes or pay BofA the 1st lien ($240,000). Someone at BofA talked to the HOA attorney and allowed them to foreclose.
The Lawyer that signed all the paperwork (Christina F. Ackerman) is NOT registered with the NC state bar. The management company is NOT registered with the NC Secretary of State. This is forgery!
Here is a new scheme that allowed BofA to take $Billions from the taxpayers and pretend and extend me in HAMP for 11 months then deny my modification because my income was $100 short of expenses. Couldn’t they of told me that 11 months ago? Did BofA allow a local Charlotte HOA (false) attorney to foreclose so BofA would not have to report another foreclosure? How many homes are being held in this "foreclosure shadow" so the banks don’t have to report it? They can collect the mortgage insurance or the federal government will pay them if they don’t and then turn around and sell the house for a new mortgage.
Does anyone understand how this happened? Is this a new loophole for banks to keep getting federal money and HOA lawyers to pad their fees forcing homeowners into repayment plans or face eviction? Tell President Obama here is another reason that HAMP failed because they allowed the banks to dictate. My two girls age 4 and 8 and my wife, who at the age of 40, just joined the Army this year to help pay bills are too big to fail too!
I have all conversations on tape, documented all talk notes, faxes and correspondence. Are there any lawyers willing to take on BofA and HOA lawyers here in Charlotte NC? I have exhausted all resources and I am looking for anyone that may be able to help this military family.
Thanks,
Kent Walker
20041 Norman Colony Rd
Cornelius, NC 28031
Cell 704.877.8211
Kentwalker64@gmail.com
I started a loan modification last February with EMC Mortgage. I was told my payments would be reduced, which they were, during my temporary modification. I made these payments early each month as I was told. As the process went along they had me send in all of the paperwork three different times. After three months of this, I called to find out why I had to keep doing this. I would get a different answer every time I called. Finally I found out that my paperwork had not been touched, and was still sitting on a desk. At this point I was beside myself. At the urging of a real estate agent, I decided to try a short sale. After 45 days, I was told it
had been denied. As my realtor had advised, I stopped making my payments during the short sale The last resort-retaining an attorney to take over. Another 30 days went by and the attorney sent a letter stating he could not represent me because of Colorado law. Shortly after this, I receive a letter stating my home is in the foreclosure process. I thought I was doing the right thing by modifying my loan, as I was put into two bad loans. It ends up my mortgage company forced me into foreclosure and now I am loosing my house.
For the past almost two years I've been trying to get EMC mortgage to modify my loan. I sent them hardship letters after hardship letter. They keep sending me the same packet to fill out. It basically asks you to fill in your monthly expenses. I must have done it at least half a dozen times. Every time I follow up they tell me that the Obama plan is not to lower my monthly payments, it’s to get me up-to-date and my monthly payments which I could no longer make would stay the same.
I kept trying to explain to them that the reason why I couldn’t make my payments anymore was because my wife was no longer working. It seemed to go in one ear and come out the other.
Every time I call I received the same package. Again I would fill it in and send it back.
What I couldn’t understand was, I was on an adjustable rate, when I received the notice that my payments where going down (to an affordable payment) EMC said that doesn’t apply to me because I was behind on my payments, and I would have to pay all my past due payments in order to be able to pay my adjustable mortgage rate.
The lady told me if I can't afford the payment I was better off selling the house and moving. Two weeks later I received a foreclosure notice.
My wife, 3 kids and I where forced to move out and loose our home.
EMC Corporation was the mortgage servicer of our property located at 996 Beechwood Place, Warminster, PA 18974. We tried, without success, to have our loan modifies several times. EMC kept raising the payments and refused to even take partial payments to help satisfy the loan. After a while, it became obvious that they wanted the home more than they wanted to keep us in our home. We filed for a Deed in Lieu of Foreclosure. They told us that we would have to vacate the home within seventy-two hours of filing and that it should only take a few weeks to complete the paperwork and take over the home.
We waited seven months. We called them several times, only to be told that our paperwork was "on top of the pile". During this time, they called us several times looking for payment on the loan. Of course we told them that they were working on the Deed in Lieu paperwork. They would tell us that was a different department and they would start foreclosure proceedings in the meantime. We finally received and answer in late October of 2008 that they would not do the Deed in Lieu as there were judgments against the property (as we had not lived there and tax and other payments were not being made because they told us we had to leave the property). We asked how long they had known and they told me for "nearly a month." We asked why we had not been contacted either by phone or mail and they said that they were "too busy." In other words, we are going to foreclosure. I asked then what remedy that we had and they told me to take the home to short sale.
We did. The home was on the market for less than thirty days as we left the property in excellent condition. Of course, our credit scores were adversely affected because of the short sale and not having it marked "paid/settled". Also, the original note was not used in settlement. A copy of the note was used as this proves that EMC had no authority to foreclose let alone do the short sale and let alone mark our credit reports.
The stories about EMC/Chase are all so-familiar. I receive the most email and complaints directed at them and they were already fined by the FTC and settled for 28 million for similar practices two years ago; http://www.ftc.gov/opa/2008/09/emc.shtm
Why the FTC doesn't step in and follow up on these complaints that seem to show a "pattern of abuse" is anyone's guess...
Here you just of few links where will find many more:
http://www.givemebackmycredit.com/blog/2009/07/complaints-against-emc-mortgag.html
http://www.givemebackmycredit.com/blog/2009/02/have-you-been-hurt-by-emc-mort.html
http://www.givemebackmycredit.com/blog/mortgage-servicing/
Since the beginning of October 2010, I have been trying to get a payment history and accounting of how those payments were applied. The first time, I received history that was missing payments from February 2006 to September 2008. The second time they sent the history, those months are there, but they do not account for the following: In December of 2006, I received a Repayment Agreement stating I owed 10,896.93. My loan balance at that time was $91,734.93. I made the down payment per the Repayment Agreement of $1,603.83. The agreement states that if I make the down payment and subsequent payments, my loan would be up to date in January 2008. I made payments from January 2007 through May 2007 totalling: $6263.62. This amount plus the downpayment of $1,603.89 totals 7,867.45. In April 2007, I received a new note that says the balance is $100,890.16. I started making payments against the new balance in June 2007. My question is: What happened to the $7867.45 I paid in the repayment agreement between December 2006 and May 2007? I believe that the new loan balance was in error or that my payments were not properly applied.
Additionally, they show I am negative 349.00 in my escrow. I tried to explain that I think they are applying my escrow amount to principal. The lady gave me some song and dance about the information not being "refreshed". I said that it looked like my principal was going down the same amount as my escrow payment. She hung up on me.
I asked EMC to send an explanation of where the $7867.45 went. There is no explanation on the previously received loan payment history. They hung up on me. During the call, I was transferred 6 times and hung up on twice.
Now they are asking me, after spending almost an hour (in spite of hang ups) with them on the phone, to fax MY payment history to them.
EMC is a terrible compamey JPMorgan Chase should be ashamed of themselves.
Now
Mary -They have a fiduciary duty to handle the accounting of your mortgage--properly.
It's up to them to prove to you via amortizations schedules or full payment history schedules how every penny is and has been accounted for. I went through this years ago and my bank actually had the audacity to tell me to "pick a number in the middle and we'll call it square" -I said no. I insisted that account for my money -and if they couldn't do so -they should discharge the note. It's their duty to handle with care -obviously they are giving you the runaround. I too went through circles with my bank at the time -for more on that see: http://www.givemebackmycredit.com/richardson_my_story.htm
I fought for a borrower's right to receive a monthly accounting for how all payments were accounted for -I still believe that had it been mandated years ago, a lot of abusive and erroneous accounting practices would have been stopped as consumers would have the tool needed to verify and track their payments (and lender errors) before any problems grew out of control!
What state are you in?
I am a disabled Marine Corps Veteran and my wife is continuing with her medical education and working at the local hospital. We have four young children. I was laid off from my career in the aerospace industry last year, however my wife made enough to cover our regular bills. I decided to sign up for a loan modification. This was ridiculous. We did our trial period, sent the bank the same paperwork a hundred times (Even though we had certified mail receipts?) What a mess. We were given 7 different reasons why the modification was not successful. Well now its now and the bank is trying to foreclose. We have never missed or made a late payment. Isn't this theft? Fraud? How are American consumers being compensated after their homes are being stolen? We have exhausted ourselves financially with attorney bills and have not gotten anywhere! Any suggestions?
Shane -first let me say THANK YOU for your services and many sacrifices as a Veteran. I think it is particularly shameful that this happens to our military families. What state are you in? And what mortgage company?
I am in the same situation here with EMC Mortgage, It is true that they are the worse lender ever existed. We started our loan modification back in September and we were denied. I am currently on State disability because I was diagnosed with a lung disease. When we were denied they sent as a letter stating that I can apply for the Making Home Affordable. So I did apply now EMC is telling me that most likely my application will be denied because I submitted a pay check stub from State Disability which she said they do not consider disability checks as Income. I told the representative that this is just a temporary thing and I will be going back to work February of 2011. I am so depressed about this modification process I am finally giving up. I hate to lose my house I've been living in this house for 11 years and has a lot of sentimental value to me. Anyone here who can tell me is there any other option here to keep my house?? I need help soon. Thank you very much.
Wilma V.
Wilma,
PLEASE....do NOT give up!!!!!!!!! There is so much more to the foreclosure happenings that you need to fight this.
I, too, was wronged by EMC and I am fighting them all the way!!!
Please, if you need to speak with me at any time, I am sure that Denise will give you my phone number.
We must ALL fight against the abuses that these servicing companies are inflicting on the hard working Americans. Each voice is a louder roar that can be heard!!!
Please contact me if you would like to talk.
PHH Mortgage service center fraud. They never sign a name on letters, only CS and a number for Customer Service Personnel. It is a lie. They have misappropriated a payment and applied it to Principal Payment. This followed an inquiry about the so called "HAMP" program. They refuse to reapply the payment to the "Interest Only" Mortgage, after asking me to white a check for the difference between what they applied to an abitrary "ESCROW ACCOUNT" that did not exist as a part of the original Mortgage. They have no physical address, they say. For 8 months thay have said by phone and by recording that no payment is due. Then they charge a late fee for a payment they incorrectly applied. Fannie Mae has said that PHH is not a participant in the "HAMP" program. Turns out that they are not even a Lender. Who is PHH? Suddenly in May of 2010 PHH opened an escrow account and purchased a Home Owner Policy. Then they began to demand that Escrow payments be made. However my Home Owner Policy was in continual force from 2009, JUly through 2011, July. It took over 8 months to get PHH to admit they made a mistake. A refund check was recieved by me from "Wells Fargo Bank" for the erronious escrow fee extracted from the same payment that PHH took out of the payment that was applied to "Principal" even though in the Memo line on the Bank Draft it clearly states "INTERST ONLY". PHH is a Fraud and a bunch of thieves that seem determined to force me into Forclosure. I have written to Senator Bill Nelson of Florida who has promised to investigate my complaint. He stated in a letter that he called Fannie Mae on my behalf, which I had already done.
It has become increasinly obvious that it is necessary to hire an attorney. PHH has refused to provide a copy of their "POOLING and SERVICING" Agreement. PHH has stated on the phone that they do not know what I am talking about and that no such Document exists. All "INTEREST ONLY" payments have been made on time, according to my print out from my BILL PAY records from my Bank.
I have tried to find this new approach that has been making the blogs and news called the "PRINCIPAL REDUCTION PROGRAM" as the appraised value of my home is now over $60,000. less than the Mortgaged amount. Now I see all over the Internet that this PROGRAM is also a FRAUD. Does anyone know the TRUTH? PHH is a scam and it seems that they are trying to ruin my credit. If you research their Website, you cannot find a way to send an email to document your conversations. Now I am sending Letters which are certified. Does anyone know to whom one can report PHH Mortgage Service Center?
Hours of my time at work and home on my cell phone have been spent trying to undo the errors & PHH continues to claim they are my fault, even though I have been told by numerous CS people they would correct their errors.
I am still dumbfounded that the U.S. Govt. allowed this web of scams to continue. Our nightmare began Sept 9th 2005 when we refinanced with a mtge originated by Lending Point. At settlement, at our house, the title clerk had documents that had all of the agreed upon info wrong, rate, payment etc. He got on his cell phone with Ca. (we are in N.J.) and he crossed out the errors and we initialed the corrections. This was a Fri about 4:00 pm. 9/9/05. Some documents were missing and he stated that it is unlawful to file this in the county unless the docs are corrected and resigned, which I knew to be correct. However we found out that he recorded the documents with the county the same day but earlier that day. How is that possible. He never returned and after many calls to Pegasus Title, they finally sent a 2 page document, the HUD disbursement disclosure and it is marked "Revised" at the top and is unsigned. This was just to shut me up. We make all payments on time, first to Encore Credit Corp then to Option One and finally we get a letter from Ocwen Loan Servicing claiming that they own our mortgage. Now the nightmare really begins.
They then inform us our rate is about to adjust, even though we had a fixed rate mtge. Calls to the customer misservice dept by my wife and I are fruitless, frustrating and result in the complete destruction of 2 perfectly good phones tossed about 150 ft into the yard in anger. Better yet in April 2007 Ocwen "split" a payment without our authority and applied 1/2 to the principle and the rest as the monthly payment. Of course that now makes us delinquent as it is not a complete payment. Hundreds of calls later "Vital Belul" in India at the cust misservice dept sees the problem and he agrees to correct it. The following months statement shows we are now currect but they refuse to remove all of the fraudulent fees. Eventually the fees top 10k. By July 2008 they have raised the payment to 2788.08 and it will go up again in Sept to 3003.64.
So we go the modification route. MDF Financial is going to "broker" the mod. after a few very frustrating months of sending the same paperwork over and over we agree (reluctantly) to mod and the 1st payment is due 11/27/08 and is sent early. We cant send the 2nd trial period payment in until we get the next statement so I begin calling. They claim we never sent the 1st payment in. The next day we get the 1st payment back in an Ocwen envelope so they did get it and never deposited it. The same day I send it back to them with a letter to abide by their contract.
On 12/24/2008 Cristmas Eve my wife calls me in my shop on the intercom that there is a Sheriffs Officer and he has foreclosure papers. He came with me into my shop and clued me in as to what is really going on. FRAUD. He tells me to do a google search "fight Ocwen Loan Servicing" and get a lawyer if I don't have one. Well the enlighenment begins. I contacted Ocwen and spoke with a cust misservice rep Mr. Jackson who agrees that they filed an illegal foreclosure and to contact the attorney in N.J. Mark Udren and fax the mod agreement to him and that he would call them and tell them to withdraw the complaint. Mr. Jackson also informs me he is a lawyer who works for Ocwen, which I later foud out to be true on this site. However it is Deutsche Bank that has filed the foreclosure and we had no idea that Deutsche had anything to do with us!!!
I bring all of this to my attorney and he said if Udren said he would withdraw the complaint then the law is he has to because it is an unlawful action. Well of course he did not do as he said he would, but we did not find out until later. I then renegotiated another mod on my own with Ocwen, and it may be illegal for them to do that, and made all 3 payments well in advance. After the 1st payment cleared my bank they sent a letter stating the rate was going from 5.2% to 7.75% Grrrrr. Call after call are fruitless. After I made the 3rd trial period payment they sent us a letter stating "...we have not recieved any of the modification payments" This is unfathomable and I call and call and finally, with a witness presenet and the call on speakerphone "Miriam" tell me I don't know how a mod works. She states that I have to make the mod payment PLUS the regular monthly payment. Thats 5053.70!! a month. Back to the lawyer and we also had a second lawyer who specializes in this give is an opinion. In my research I now begin to uncover the mortgage fraud scam. Ours is textbook. Our lawyers ofc agrees to file a Federal Lawsuit on contingency, or we would not be able to afford it. The 1st lawyer changed employment so we located him and we have 3 lawfirms all agree that there is a massive fraud here. In Aug 2008 we recieve in the mail that we have lost the foreclosuer by default, so our atty answers this and the Judge agrees that there are issues and a "Hands Off" directive is issued by the Judge. In April of 2010 we are notified that Udren's lawfirm went out of jurisdiction and by "Judge Shopping" found a judge that saw no need to follow any law and simply signed a final foreclosure order. Now it really hits the fan. We were able to file a motion to have this vacated on many fraudulent issues and the Judge vacated the Sheriffs sale scheduled for 6/16/2010.
So far we had beaten them back but on 6/25/2010 a guy shows up to board up the house. I inform him that the Judge vacated the sale and call my atty. The guy from Ocwen knew that this was fraudulent and left. We were again in court on 7/15/2010 and by now our Federal suit is filed. The Judge stayed everthing until the Federal suit is finished. She agreed that there are some major frauds here.
Well court orders don't mean anything to these predators. They waited 2 months and filed a motion for summary judgment claiming that there were no disputes and that we admitted we were delinquent. Needless to say the motion was denied. During the course of all of this I have been doing a lot of the work to keep the cost and hours down and to learn.
The Rule 26 disclosure package that they sent us per the Federal suit I found 2 documents that they shot themselves with. 1, we now refer to as the "Infamous Page 146" is an inter-office e-mail memo dated 9/14/2005, 5 days after settlement that states "....the borrowers are to resign the note" and goes on to state that the signed documents are not useable as NJ is a Homestead State. Of course this solidifies our claim that they walked away with out a mortgage actually being executed. The 2nd document is the Transfer of Deed and that was not executed until after they commenced the foreclosure.
There are about 10,000 other issues but the stress and anguish they cause and just keep telling more lies. Such as, when we began the modification I had to write a "Hardship letter" for MDF to send to Ocwem, which I did. This was sent to MDF on 9/3/2008. I still have the letter in the harddrive from that compurter. My computer shows that the document was created several days prior to that. In the Rule 26 disclosure we found they actually created a letter of their own, forged my name and used that one. In the forgery it states we are "seriously delinquent" which is completly false.
When we used the bank statements, the Ocwen statements and the photos of the deposited and bank cleared checks to the attorny for the defendents, he replied boldfaced, "Thats not proof of payment"
So the bottom line is that all of the things you hear and read about are most likely true.
Consumer Fraud, Fraud, Breech of Contract, TILA, RESPA, HUD, FDCPA, MERS violations, Forgery, Mail Fraud, Wire Fraud, Unjust Enrichment, etc etc etc. These pigs didn't even own the note until after they foreclosed !!! and they just tell the Judge "Trust Us" why would we lie.
I bought a new home and Jp MOrgan Chase funded 1.5 million. A certificate of occupancy was required at closing. Guess what I was locked out of the house for 9 months and Chase expected me to pay the mtg. Help me Allan
561-912-8173
Denise, thank you for going after these corporate frauds. I have been trying to deal with EMC mortgage for over 2 yrs. now. It is so frustrating. I just filed a complaint with the FTC against them.When I was layed off, my wife missed one insurance payment. When I found out, I immediately contacted them and have been given the runaround for 2 yrs. now. I had a Vice President tell me that if I payed off my escrow account(which they neglected to tell me about)that they would clear my so called debts. I was never without insurance coverage. I also have never missed a mortgage payment in over 15 years. They are just lucky that their offices are far away from me.
EMC does not work with home owners in modifying underwater or ARM packages. EMC and Chase both will make you prepare numerous packages for modification but deny you each time. They have no respect for disabled Veteran families and refuses to cooperate with the homeowner.
We were on an agreement plan to pay our mortgage and in the middle of it, they added all of these outragous fee's,that was not in the original agreement. We continued to make our agreement payments and they refused them and sent our mortgage payment back to us.They said we can make a new agreement and had to send copies of all our income and bills. We would call to see if they got the infomation and we would get a different story every time we called.We had to resend all information to them 10 times.It seemed like they had people working for them that had no clue to what was going on.This is so sad that something like this is happening to all of us hard worker's.
I have a long history with EMC, the loan terms I recieved from them were pure fraud. I was told that my taxes and insurance would be part of the loan and was never told that the loan I recieved was interest only. I know that is hard to believe, but I did not realize it until I started to get my monthly statements. I even have the letters from them that state otherwise. Since that time I have sold the house and now I have been fighting with them since the end of Jan of 2011 to get my 1099INT so I can do my taxes. I have been able to escalate up to the corporate offices, but they refuse to call me back and just waste day after day. April 15th is almost here and I am becomng desperate. I call everyday (now 40+days)and they will not put me through to the person that is "supposed to be fixing the problem" for me. I leave messages and beg for assistance to no avail.
I have filed a complaint with the FTC, but I wish I had a way to get the IRS after them as they are required by law to furnish this information. What a total nightmare.
Being nice does not work any better than losing your temper with them. I try to reason with them and they REFUSE to let me talk to anyone else. Stating it is their policy to not let me talk to anyone higher than the person I am currently speaking with a T. Houston who will not respond to me.
In all fairness I did have one person at a lower level not in the exec offices that helped me get a late payment notice off of my FICO that was incorrect. When I closed on my house EMC did not apply the payment for several weeks after the attorney sent it (wired) and then they said I was late. But a Ms. Farrell actually was of assistance in getting that fixed.
I could never work for acompany that was so bad at customer service, EMC is the worst nighmare of a company I have ever encountered.
WE HAVE BEEN WITH EMC SINCE 1999 AND WE GOT BEHIND IN OUR PAYMENTS IN 2008 WHEN MY HUSBAND WAS ADMITTED IN THE HOSPITAL FOR HEART TROUBLED I CALLED EMC TO HELP US OUT AND THEY SAID OK SO I SIGNED UP FOR A MODIFICATION IN 2008 N JUST GOT AN ANSWERED BACK IN 2011 SAYING THEY CAN'T HELP US WE SIGNED A PAPER AGREEING TO A PAYMENT ARRANGEMENT AND SENT OUR PAYMENTS THROUGH WESTERN UNION EVERY MONTH AND ON TIME NOW THEY WANT TO TAKE MY HOME FROM US WE HAVE GOT ALL OF OUR RECIEPTS AND EVERY DOCUMENTS .
PLEASE HELP US
My wife and I put in for a loan modification thorough Chase and it was the worst thing we ever done in our lives. Originally they said to qualify you must be current on everything and that the type modification we were asking about would not reflect negative on our credit report. Our home was not up-side down, we never been late on payments, and had excellent credit. We simply had no money left month to month. We were house poor, but were not delinquent on anything. From the time we asked for relief, Chase began treating us like they were a collection agency. They got all our information of hardship, and then proceeded to damage our credit. They originally appraised our home at $400,000, how they list the value on their web site at $220,000. They put us in an escrow and said they paid our insurance and taxes, but thank God we followed up and paid it ourselves else we would have had an insurance lapse (They finally paid it for the year; though we were current with installments and asked them not to). They cut our credit card. Also when they cut our equity line of credit, they back-dated it hoping some checks would bounce by the time we got the letter in the mail (We didn’t fall for that one). Chase dragged us around 1 ½ years with no intention of helping us. We understand Chase is doing this to millions of their customers that ask for relief. In my opinion, they took what was supposed to be help for the middle class, turned it around and used it as some form of punishment. Shame on Chase!
EMC HAS BEEN STICKING IT TO USE FOR ABOUT 8 YEARS.ORE PAYMENTS WERE 800.THEN MY WIFES BACK WENT OUT AND WAS OUT OF WORK FOR OVER 3 YEARS.OUR FINANCES WENT FROM 75.000 TO 50.000 A YEAR.WE ASKED FOR HELP ON OUR MORTGAGE.THEY UPPED OUR PAYMENTS TO 1000.THEN THE ECONOMY GOT BAD AND CONCRETE COSTRUCTION GOT BAD AND OUR FINANCES WENT TO 35.000.ASED FOR HELP AGAIN.THEY UPPED OUR PAYMENTS AGAIN TO 1200 A MONTH.NOW WE OUR PAYMENTS ARE OVER 1300.AT FIRST THEY TOOK 45.000 IN EQIUDY WITHOUT TELLING US,THEY PROMISSED,LIED,HURASED 3 TIMES A DAY 7 DAYS A WEEK,TRYING TO TAKE OUR HOUSE.WE NEED HELP NOW..... JOHN & MARA BETH FITTING AT 734 THIRD ST. IN MENASHA WI. 54952 (920)727-0859
In my non-legal opinion, EMC's conduct is criminal and people need to call it criminal and think more along those lines. They may be trying to STEAL your home. Chances are EMC does not own your home and may have violated criminal laws to make it appear they own your home. If that can be proven, those are criminal acts.
Wire fraud, mail fraud, false statements to obtain property, conspiracy, obtaining documents by deception, etc., are all CRIMINAL charges and some carry very lengthy prison sentences and fines. Evidence shows EMC makes false statements to obtain property even in court papers. Don't be misled by reports that financial crimes are difficult to prove. The people making these statements are either protecting the fraudsters or just plain lazy, stupid or both.
MSFraud.org is starting to populate a list of federal criminal charges in its Legal Lounge that you may want to consider. Look down the left side and click on Criminal. Clicking on a file will open it up in the right screen. Read, copy the text, or right click to print. You may be surprised to learn how easy it can be to prove a crime.
If you are going to file criminal charges, make sure you have evidence such as a written statement that contains a statement that can be proven to be false. Also keep in mind, EMC uses fake names and job titles for its employees.
When you file a criminal complaint stick to only the facts and elements of the crime, and support it with evidence. You will be required to sign an affidavit swearing under oath that the facts you are stating are true and correct and that you will recite them under oath in a court of law.
You must maintain your credibility. One misstatement and you will lose all credibility.
EVERYTHING YOU SAY MUST BE THE EXACT TRUTH.
Also, go to your Land Records office and look up all documents filed against your property. EMC is known to fabricate documents and record them in the court and land records. That is "certifiable" evidence!
Good luck.
RE: EMC Mortgage Corporation,
To the Federal Trade Commission and those handling the claim against EMC.
First, we would like to thank you for pursuing this matter. We as a family felt powerless when we were dealing with EMC.
We do not know if this will help, but we feel that we need to share how our dealing with EMC went.
We had fallen behind in our payments because my husband became unemployed and ended up caring for his dad who had just suffered a stroke. This took place during the years 2006 and 2007 when I too became unemployed.
We were dealing with EMC but they continued to offer one solution only and that was to pay all monies owed and to bring the account current. We took money out of our 401k in excess 14k, but that was not the full amount. They did not want to negotiate.
We could not afford an attorney but went to all court hearings. We had a relative who was willing to purchase our home but they refused to push back the foreclosure date to allow a closing to take place.
It also seemed that the company bought our home for $100.00 which (worth 190k at the time) was first listed as EMC, but then the holding company listed, had a local address which for some reason did not exist. We physically looked for the location and could not find it.
We were moved out; our family was split apart and homeless for 6-7 months.
Thank God for our friends and family who took us in.
We felt that we had no recourse, we were not aware any case existed. We felt that it was to late for us but now we see someone cared.
We are still struggling but we know we will eventually overcome.
We Thank You,
Sincerely
Humphrey & Cynthia Braaf
I have been trying so hard to get these people to work with me and my wife reguarding a modification loan my relations manager who is myo choe(brad)is the rudiest person i have ever seen in my life i am now working with naca to help me save my home.I am in the process of filing a serious complaint against emc mortgage reguarding my modification loan.I lost my job and now my wife is trying so hard to pay everything on her own until i can found a job to help her out emc is heartless and they dont give a care about helping you to keep your home they would rather let it sit empty than to work with out something with you i have faxed in documents the same documents for the past 8 mos can someone please hellp me.
My story is pretty much the same as those that have been submitted,i have been dangled like a wimp carrot.After hundreds of phone calls & always someone different,no matter the dept.,mailings certified or not,faxes etc. these people at EMC/Chase and others like them are impossible,heartless control freaks that are causing the collapse of this country & the american dream.
My home is be be foreclosed June6th,so looks like i'll soon become a part of the growing homeless.The Shortsale,re-modification are both BIG JOKE,does anyone in the corporate world realize it's us the 40hr. a week tax payers that make this country function & always have,but now with our goverment,corporations,big banks,wall street we'll soon be known as ChinaUS.
People we are being swallowed up for their easy take-over.
I had the same problem when I was 30 days late . I was told that I could skip the next month and pay 300.00 less while I filled out paper work since I qualified for the "Obama" program. 60 days later I called and was told it was being looked at . 7 months later I am told still in the works. I ask to talk to the one working on the modification and I am told he does not talk direct to any one. I ask for a supervisor and am told they can answer the same. The following month I am sent the same docs to be filled as the others were over 6 months ,,,,then I am told I do not qualify and am 90 days behind due to the lower payments and facing foreclosure. After several calls being turned down ..I talk to a girl that was sensitive to my problem and worked out a re-payment plan to get caught up. I payed 300 more per month getting me close to broke. They sent some one to see what shape the house was and I ran them off. 60 days later I get a call telling me I could not do a repayment but as I had a signed letter and terms they backed off. But every month I got a letter telling me if I am a day late my home would be foreclosed. Imagine the stress I was put through and nothing I could do.
I think my mortgage company wants my house to foreclose. We were behind on payments and made a deal with them to catch up and stop the foreclosure. We kept our end and started making the large payments, the first of which was $4000. They cashed that check which was a personal check. The next amount due was for $2480 which we sent western union. On 3/28/2011 Western union returned the check to us stating EMC wouldn't accept it. So we immediately called EMC to find out what was going on. They told us that we defaulted on the agreement and our property was now in foreclosure. I stated that we did NOT default and that they received my first payment of $4000 and took the funds from my account. Being a mortgage company, the bank doesn't need a copy of the check, EMC keeps it. So EMC wanted me to get a copy of the check and fax it to them, for proof of payment. ????? I talked to my bank and had them verify payment to the EMC. Now EMC knows i made that payment but they say they cant find it. So I have been calling lost litigation twice a week for months and also speaking with supervisor Anthony Johnson, he has assured me this will all be taken care of the last time he and I spoke back in April. I continued to call and finally on May 9th, Mrs. Angela Jones called me and said that she was assigned to my case and that it looks like a check was issued to be returned to me back in the middle of March but It looks like it was never cashed. Well that’s because I was never notified and never received it I told her and she continued to tell me that she will hear from accounting that day and we need to put a stop payment on the check and re issue it ASAP before a sale date was placed on my home and because it was the representative who made the original arrangements fault, I was right for not wanting to pay late fees for the past few months. Because the arrangement was broken and they had to search for the $4000. payment EMC told me to continue to put aside the monthly payment because they will not accept any more payments to the account until it was settled, but that they would then want those months paid and a new arrangement would be set in place. . We've been calling steadily since February to insure that everything was being handled right. Now they won't take our calls, and we're concerned that they’re setting up to sell our house. What can we do? I feel that we have kept up on our end, and they have not kept up their end of the agreement and now they are avoiding us. Any help would be greatly appreciated.
We have been trying to re-mod our EMC loan for 6 months now. Faxing in pages and pages of personal information only to have EMC lose it-request more documents and having them turn us down. We have been told that we make too much money. My husband had been out of work for the past 3 year (California Teacher) and we have been living on 1 income all this time. I have called EMC numerous times and can never get the same person twice. The opened an escrow account- never told us and applied all of our house payments to that account. I have NEVER been late making a payment to them and it took me months to get the late fees off of my account and to get the money applied correctly. To top off these months of headaches: Someone at EMC either gave or sold our personal information to a person that called us and told us that he was working with EMC was contacting to finish our home re-mod. He had all of our information- including the whole history of the problems with the escrow account. He new the amount that was in dispute down to the penny. He had all of our loan info as well as knowledge of our 2010 income and tax returns. He took over $6,000 from us within 2 weeks before we found out that he was a fraud. He told us that since we were upside down in the house that we needed to send in a wire to cover the rate lock fees, appraisal fees and 1st months payment. EMC has taking no responsibility for this and has once again has turned us down for the re-mod. Last week they asked for even more documentation for they have only parts of the 2nd complete file that we had sent them in March. I have never dealt with a more unprofessional company in my life. I did not seek EMC out, my original home loan was with Green Light financial. Green Light sold my mortgage to EMC. All I am trying to do is to get my $550,000.00 6.75% interest rate down to 4.99%. My house is worth $400,000.00 Why did we bail out all of the crooks to begin with? Something needs to be done. We are all getting robbed by this company!
Hello:
My name is Sandy Souza and after a serious hicup in my life in 2007, it became necessary to have a forclosure on my duplex. Due to excessive mold issues I was advised to let the property be forclosed on and as a result it was no longer my responsibility.
However, now today, I am applying for a loan for a new piece of property and I went all the way 58 days with American Pacific Mortgage in Sacramento and signed my papers my money is in Escrow and they inform me on the day it was to fun that MERS has my second showing in an open position with West Coast Servicing in Huntington Beach, CA.
It took days to find out that it was West Coast who had the loan, they bought in long after it was defaulted on. There were two lenders prior who sold the loan.
Now as I went to ask them to put forclosed on the record, West Coast Servicing, specifically Mr. Glenn Ohno, said it would take $4,000 to have his attorney review the file and send a letter to MERS.
They acknowledge that I do not own the debt. However, they are using the $4,000 attorney fee as a means to make money where there is no right to do so.
I work for a medical malpractice insurance company where in I hire attorney's all day long and have spoke with a Judge who has confirmed that this is in fact a form of alleged extortion. The Attorney General wasn't even interested in this.
I'm living in the home that was my friends, she passed in 2010 and wanted me to purchase it. This reporting is the only thing holding it up. My money is still in Escrow.
If you can see your way clear, I'm sure you have many of these complaints today. Help me, please, this is just making me sick that I am being held hostage like this. If I give them the money I don't have enough to put my down.
Please help.
Best Regards,
Sandra Souza
916-705-0853
415-921-0498
I just want to buy my home. :-)
EMC Mortgage destroyed our lives. We bought a new home in April 2004 being told that if we bought that day we would get 6% off with no money down. We could afford the house payment of 1200.00 a month but were not happy with the high interest rate. We were convinced to just refinance in two years. It was a new home, we were first time buyers and figured it was well worth the two year wait. EMC Mortgage bought our loan and refused us to refinance. They did however increase our house payment from 1200.00 to 1522.00 We were constantly contacting them begging them to refinance telling them the hardship this was on our family. We had three kid's and I had no job. My poor husband was working 50-60 hours a week to make our payments and still feed our family. EMC Mortgage continually refused us and raised our payments to 1822.00 a month. We were seriously struggling to survive. For over four years we pleaded with them. We never missed a house payment for nearly five years. EMC continued to ignore our pleas and raised our payments to 2200.00 a month. We could not afford to pay even ten dollars more. We called Century 21 broken hearted and mad! The realtor said we had to do a short sale and within a month she had a buyer. We were told to move out within 30 days. We freaked out but did it. We found out three months later the house forclosed and the very same person who was to buy it causing us to move out so quickly bought our foreclosed home! We lost our home, thousands of dollars and recieved the reward of destroyed credit in return. We were recently turned down for a car loan by Capital One who we have our current car loan with. We've had an auto debit set up for 3 1/2 years for Capital One to collect our car payments which have never been late. They turned us down for a loan on a trade in. They blamed the foreclosure! We can't even get a Wal-Mart card, not that we want one, we don't. We just wanted to see how low our lives have become! We did however recieve a letter from the The Federal Trade Commission stating they were suing EMC and Bear Sterns for what they did to us and others. What good did that do? The FTC sued for 28 million dollars. I guess someone got our money back! It's 2011 and we still cannot buy a car! There is no help. We have all the proof needed to show we never missed our house payments and still have the letter from the FTC. We have already been ripped off by one credit attorney! Does anyone have any insight as to what really works? if so, please let us know. Thx!
We have been working on a loan modification for w years now with emc mortgage. We did get a temporary modification and we made this payments. The temporary modification expired and we still haven't had our loan modified. We now have been given a number of a local Chase office where we can meet face to face with a modification person.
hopefully they can get it done soon.
EMC Mortgage Loan Modification is a complete scam. EMC uses a Loan Modification to reduce and then redirect your payments to an escrow / suspense account then charging late payment, added insurance because your credit is destroyed, and then there is the interest on going never ending. Deceptive Trade Practices, it's much bigger than that, when you see how many are involved starting from a borrower with a great pay record, paying high interest, interested in lowing his or her payments gets the same treatment as a person who has stop paying wanting to save his home all falling into the status of delinquency. Consider the past lawsuit between FTC and EMC 28 Million. EMC got sued / stung and then went back and did same it again. You can tell I have the same issues going on as others, first applying for a Loan Modification starting with good faith, then receiving lies about lost paperwork, profit and loss statement out of date and resending, Finally being turned down because you didn't send or complete Loan Modification Documents, are we stilling relating. Then EMC refusing payments, also I didn't qualify for the OBAMA program. I now owe $50, 0000, in late fees and back payments after paying 30,000 reduced payments where did that go? Still no end in sight People as we all can agree. Wait I just received a letter from Chase there changing their Logo and New Address from EMC Mortgage to Chase. Will Chase start with the same people? Will there be a single account manager who will call you back and ultimately is Chase as new blood, willing to recognize Bear Sterns MERS Robo-Signers filing documents were wrong with the lack of securitization of their lender position. In a perfect world Chase should meet barrow on a level playing field knowing there position has and been compromised, but this will never happen.
iReport —
My Mom is disabled and has been since she was 42 years old by a stroke. She bought an affordable home in Florida with my stepfather many years ago. They never missed one payment.
Recently their mortgage was bought by a company called Ocwen. Their August payment was taken out of their checking account as it always was but, they noticed the
payment was $300 dollars more than is always was without any notice or
communication or explanation from Ocwen. After calling Ocwen they were told that the additional payment was for "homeowners insurance".
They already hold a homeowner's policy that is up to date. When they tried to pay their mortgage the next month they were told their payment would not be accepted unless it was a "full payment". They were told they were going into foreclosure and were called by a company identifying itself as a "foreclosure" company on their caller ID and told this.
After a little research, I found that there is a clause in most mortgages that lets banks tack on a homeowner's policy if they find that the home is under-insured. It is not under-insured it's valued at $50,000. I also found that in order to get around a banking policy set forth by our government Ocwen has declassified itself as a banking institution and reclassified itself as a collection agency.
How is something like this being allowed to happen?
My Mother and stepfather are in severe emotional distress because of this.
They are terrified they will be homeless soon.
I made numerous calls on their behalf including a call to the attorney General's office in Florida.
I was basically told "oh, well....we can't help you". I tried to call Ocwen and was told there is no way to contact Ocwen's corporate offices. (I finally found a number and left a voice mail) Their address is listed as a P.O box.
What kind of country do we live in where someone who pays their mortgage faithfully can have their home ripped away from them by an unethical company?
Someone please explain this to me.
Trish, Florida
I am a resident of Columbiana/Shelby Alabama. Please read and help us we are going to lose our land if you can’t help us.
I am the victim of the arbitration laws. How can a company use my property to build me a home and then build it so shoddy and leave me to fix it?
What follows is based on my story and anything said is based on my truths, my life experiences that formed my opinions.
Jim Walter Homes and Walter Mortgage Company are together as companies. I entered into a contract with them to build me a Bakersfield Home from the model house in Pelham. They entered into a contract with us too. They were to build our house in 90 Days it took 9 months. Was never finished, was never issued a CO, was never up to code, and more.
JWH did not start building our house until August 25th. We had issues from the beginning.
They used the broken trusses that were delivered to the house months before installing them.
They field altered the trusses, used broken trusses, and did not tie in the walls.
On one half of my house the hall, bathroom and bedroom are out of square; also doors need to be taken down and reframed so they will shut.
We were to supposed to have 14’ ceilings but we have 12’. All the experts have said we have to have engineers to repair our trusses.
They cut the floor joist below a wall that is now a load bearing wall due the cut trusses.
This company stated numerous times they had Universal engineers to come to our house and made an engineer repair report. This is all a lie and Universal Forest Products testified they did not come to the house. They only received paperwork from JWH showing that a truss AS5 was cut and how they needed to fix it. Universal then sent them a repair form to fix a truss that had never been altered. The truss they altered was as AS4A. This truss as of today has never been repaired.
Universal stated that all broken trusses needed a repair report too.
Every truss that is broken or altered has to be repaired and should have had an engineer repair report.
The Arbitrator did not take this or anything we had to say into consideration. The Arbitrator only listened to Jim Walter’s experts as he texted throughout the hearing.
All paperwork from JWH shows the AS5 truss being field altered and the repair form for the AS5.
This truss has never been altered.
JWH sent this paperwork to Shelby County Inspections office, Attorney General Office, and Home Building License Board.
None of the offices after receiving the paperwork and their expert reports ever came to the house to check to see if the work really was completed. So they dismissed our case as handled.
Shelby County Inspections office passed the building final only after receiving the fraudulent letter, (the arbitrator & my attorney were aware of) but never came to the house to complete its final.
As of today we have field altered trusses, broken trusses, a sagging roof, and upside down windows, as well as crooked rooms and doors that will not shut.
I was told I had to call and get the COO from Shelby County Inspections office and they said I could not get certificate of occupancy because the building final and the electrical final and the gas final has not passed. (see below email thread)
The gas final was completed the next day. The electrical never was called in by them (that was their responsibility).
This was in the evidence at the Arbitration trial.
They asked us to sign papers on April 18th they said this was a walk thru to see about the things that they needed to fix.
We refused to sign we wanted our lawyer to look at them.
They told us no. They then locked our house up with pad locks for 15 days because we refused to sign paper work stating the house is complete and is built to the contract.
Then on 5/3/08 we received a certified letter stating we refused to sign a tendered letter. (at a tendered meeting you were supposed to bring certain documents but we were never asked to bring anything to this meeting)
They were to send us paperwork and a payment coupon book to sign and send in payments. We have not received anything from WMC.
We do not even have an account number with them. When we call to talk to them about our account they don’t know who we are. Yet, we were told by the Arbitrator we should have mailed in money anyway.
We were very leery of sending money to this company. We have heard about all the people sending in payments that were applied inappropriately and then this company still foreclosed on them. And we have emails from woman who once worked with them that said she was told we owe zero balance. She was trying to get that faxed to us.
We had to purchase a travel trailer to live in because we had nowhere else to go after we had to leave the rental house on April 30th. We lived in the travel trailer for a year and 9 months. We were responsible for the floor, paint and added a fireplace. We moved in around December 2010 under the advice of our lawyer.
JWH continued to try to get the electrical final but never did. (see emails from inspectors below)
We had to go to Arbitration. The Arbitration was a big joke. The arbitrator told us that JWH was in charge of this arbitration they had the money and we didn’t. They tried to settle with us but we were going to be left with a house that still required professional engineers to repair it.
They told us my husband should have repaired the house. My husband is not an engineer.
We refused to pay for the house until it was repaired.
They drug their feet and kept our house and land tied up for 4 long years.
My daughter was a freshman in High School and she is now a freshman in College. This company is notorious for lying, not returning to repair the problems and giving shady paper work.
WMC breeched their contract with us! There were dates in our contract that some of the work needed to be completed by May 1st or the contract will be voided. The arbitrator gave us July 8th til August 8th to come up with 32,000.00 or the house will be foreclosed on --he punished us for living in the house for 26 months without paying.
We tried to get them to repair our house and they still will not. They told us they would kick us out, fix the house and resell it. How can they do this when it is not completed??
The arbitrator was in favor of WMC and said we had dirty hands. Because we lived there without paying!
They are taking our home unless we pay the full mortgage over a period of 30 years, we have to come up with 32,000.00 and we still have a house that isn’t worth what we contracted. It is not worth 181,000.00. We would have paid for this house when they tendered it to us if they would have done the things that were in their contract.
It states in their warranty, they have to abide by the codes of building, electrical and etc. This company did not abide by any.
The permits are now expired and that was told to the Arbitrator. (see below email from inspector)
No one will talk to us or listen to us.
We are just a couple who wanted a house; we never wanted a house and not pay to for it.
My attorney told me they won’t appeal the arbitration because we can’t get a jury.
This is all we own we have, there is nothing else.
We will have to live in a travel trailer.
Our credit is ruined because they had our house tied up for 4 years and we could not use it for collateral when my husband lost his job.
We are good Christian people we don’t want to hurt anyone.
We just want our house repaired and for them not to take it from us.
We felt like they sued us for a house that they damaged and punished us for not repairing just to slide out of their own responsibility. And all the complaints online appear to show a pattern of this.
We have had to file bankrupt.
Come February or around then we will be forced out of our house to live in a camper trailer.
This has also severely impacted our credit. I have printed all 3 credit reports and Walter Mortgage Company has reported to all 3 that they have foreclosed on our house before even filing. '
I have filed numerous complaints and I have written all state and county authorities.
We have had attorneys tell us they couldn’t take the case due to binding arbitration, if a frivolous appeal they could be fined or lose their license. At this point my husband and I are so frustrated and at a lost as to what to do now.
They have filed to foreclose on our house and property (land was given to my husband before he was born) if we did not come up with 179,000.00 by October 28th, 2011.
Home Building Arbitration
Forced arbitration appears in two possible places for an unwary home buyer: 1) The builder's contract; and/or 2) A home warranty policy from a third-party company such as HBW or RWC. Although billed as protection plans the details of warranties often are withheld until closing – when it’s too late for the homeowner to say “No thanks.” Close reading of these documents reveals that they typically do more to protect builders than buyers. Aside from imposing forced arbitration clauses on buyers, new home warranties also exclude from coverage many protections buyers would otherwise enjoy under broad "implied warranty" statutes that apply to any purchase of a new house.
Forced arbitration serves another purpose for these builders and other industries that use this sham legal system: it keeps complaints hidden from public view. Arbitration yields little or no public record. Additionally, clauses in arbitration clauses often include gag orders that prohibit home owners from even talking about their case.
So, as it stands; We were sued in arbitration for 32,000.00 plus the mortgage of 181,000.00.
JWH was to pay our attorney fees of 20,000.00 plus $5000.00 for hiring experts to look at the house along with the arbitration fees.
JWH filed a motion that if we didn’t pay the $32,000.00 they were not going to pay. The arbitrator took their side and agreed.
Upon further notification JWH only had to pay the arbitrator fee’s –the amount was never disclosed to us. My attorney has not been paid as his company slid out of responsibility for paying them too. I need help to right this wrong for our family, attorney and others who are facing the same nightmare brought about by forced arbitration laws.
I have documents and copies of all emails noted above.
Sincerely,
Bobbie Smith
Bobbie.smith@bifp.com
Chase bank doesn't really care about people or the changes the economy has forced on the general public, all they want you to know is that they are a debt collector, never mind you or your modification or your inability to continue to pay your loan, regardless of what the consequences are to you and yours,they want you to know that they are a dept collector.
It' s been a long two years and six months and I am just beginning to understand,that they never intended to modify anything because they are a dept collector,and the rest of all that they make you go through is the real scam just to get you to think that a bank that is a debt collector is going to try to help you in any way, After all the frustration,faxes,copying,and we haven't receive those documentations, time lines,applications and down right out lies. I'm just really beginning to realize it's all the way the system works and they aren't concerned with your home or the fact that its upside-down or even that a family could be saved by a simple modification.I've come to a greater understanding that they are just debt collectors and it was foolish no ignorants on my part to think they were any thing more than debt collectors. I ended up to my dismay very discouraged and 2,500.00 $ later disapproved. We are trying to just get out by doing a short sale, had I known what I know now I would have taken this approach from the start. Yet my friend I'm not dis-hearted hope is still alive, however not in Chase bank, who makes the fact of their intentions very clear they are only debt collector.
Nationstar is charging me $600.00 for home inspection. this is a scam no one has been here. dont deal with this company
I went a job site called estaffsearch.com and was promised a job by the name of Donna Brooks but she requested 6000 in cash she could guarantee me this job, 6000 later no job everyone of her posting are scams buyer beware of her tacts she sounds ver convincing. So I am down 6000 in cash and job so I am extremely upset about this. Oh and by the she only accepts cash I should of known this was a scam
Karen --Sorry to hear you were hit by this type of scam.
These scammers are sophisticated and have lured untold numbers of victims with their bait.
Report any fraud to the appropriate local, state or federal law enforcement and regulatory authorities. Internet complaints can be easily reported to The Internet Crime Complaint Center. (IC3) is a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA)
http://www.ic3.gov/complaint/default.aspx
For others who may find themselves on a similar type of scam site -remember: Legitimate jobs will have the employer providing you a check --not the other way around.
See more here: http://www.ic3.gov/complaint/default.aspx
There is also another scam going around where the con artists don't ask for money ---they ask for your #SSN and other personal info --relaying you've secured the position --and they simply need your info for payroll --and they will need your bank account info too ---for "direct deposit" payments. Trouble is: they won't be making a direct deposit, instead they will be making a direct withdrawl.
Before you apply for a job, do your research. Here are some warning signs to help you determine if a job is a scam: How to tell if a job is a scam: http://jobsearch.about.com/od/jobsearchscams/qt/howtotellscam.htm
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