Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Joe B
Folks-

     In an attempt to help sort out the confusion around the original post, I have broken out the questions from Linda (although not the responses) in order to try and help her. I didn't put in the many answers because they might lead to further confusion. I will do the same for the poster "help!" as soon as I can.

So, here are her posts. I thought if we read from beginning to end, that we could try to help her, sort of with a clean slate, and no confusion around who is posting what. I will try to summarize at the end of the post as to what I think is happening, and Linda can fill in the blanks.

     It might be better if Linda could type in a history of her problem from start to finish so we could answer her in entirety, instead of piecemeal as has been happening. Nevertheless, here is what has been posted and we can go from there.

JB

Question 1-- We did a title search on our home to try and find out who owns our mortgage.  When we went to pick it up from the title co., they had notes on their they we did not own the home or the land.  The original deed and quit claim deed that was originally filed by the mortgage store had the wrong Lot # listed.  They say we will never be able to sell our home.  How can anyone collect from us if there is nobody assigned to our deed?

Question 2 --I have all the documents from the Court House and from the Title company.  What happened is they typed the wrong Lot# on the Deed and Quit Claim Deed.  I am current on my loan, however because of Homeq's scam they reported us 3 times 30 days late when we weren't.  Now we can not refi our home that is due for an Arm increase next month.

I don't know how you all do this.  I appreciate all the info that you give me.  I am not sure which way to turn.  Some days I don't know if I can go on. Dealing with this is sometimes more than I can take.  How do these people get away with ruining so many people's lives?

Question 3—I live in Southern Illinois - 30 minutes from Saint Louis MO.  If anyone has a name of an attorney that can help me I would greatly appreciate it.

Question 4--Do you mean who originated our loan?  If so it was The Mortgage Store in Saint Louis.  Who and how do we make a claim?

Question 5--I know that I need an attorney but can't seem to find anyone that is not working for the Mortgage Servicer.  Any suggestions?  I have so much going on and it seem like the more searching I do the more the more problems that I find. 

Question 6--I am not sure where you read in any of my post that I am behind.   If I posted that anywhere it was in error.  We are current on our loan as of August of 2007.  We had Homeq escrow our last half of taxes last year into our loan but asked for help in keeping the payment as low as possible.  As you all well know - they refused to help.  When my husband called in May to ask again b4 making our payment he was told they could put us in a payment plan but he did not want to do this as he did not want it to affect our credit.  He was told that this would not be reported as it had nothing to do with us being behind it only had to do with the escrow It was our fault for falling for this.  We were in a payment plan for June and July until I figured out what they were doing.  We paid out of the payment plan in August but they still reported us late even though we were current.  This I believe was to keep us in this loan unable to refinance.  We were sent a letter 3 weeks after getting out of the payment plan and being current threatening us with collection action for not making the payment plan payment for September (again we were current).  We have a letter from their attorney and phone calls stating I can only talk with him because we are now considered in litigation.  The title search all came about from advice I took from someone on this board who emailed me and told me they were going to help me.  This is when we found out that the deed and quit claim deed was not correct and we were told that we didn't own the property.  So it seem the more I dig the more I find out.  I have been offered a modification from their attorney, however I think it is a "hush up offer".    You all have been at this longer than I have so I would appreciate some direction.   I have been looking for an attorney and I have taken all the sites that have been offered here but still seem to not have any luck because I have found that they seem to be working for the Mortgage Servicers.  I know that all of the conversations that we had with Homeq were recorded.  I have requested them with no response.  They sent us a written correspondence of what the CSR's had typed but that info is not the conversation we had with them.  I have also contacted the Title company and asked that they fix the deeds.  They are looking into this.  I do not want a "hush up" modification from Homeq as I fear at some point they will figure out how to take our home also.  I want them to fix our credit report so that we can re fiance.  I am sorry if I confused you and will not post anymore if I should not be here.  I am just another desperate person stuck with Homeq and looking for a way out before we lose our home also.  I can not live every day with watching and wondering what they are up to.  This stress is more than I can take and I am sure everyone on this site feels the same way.

 

Question 7—JB I am so sorry I thought you were responding to my post.  Which poor HELP sounds like they are in the same boat with Homeq.    No wonder I was so confused about what you were saying.  Anyway can you read my post as I have update some information to you.  Also after getting caught up on this tread.  Does anyone find it also strange that when we closed we closed at a title company that was in the same Building as The mortgage store, however we later found out that a different title company just used their offices to do title work for The mortgage store.

Question 8--Here is how the closing went.  Title America was in the same building as The Mortgage Store.  We thought we were closing with them.  That would make some since, however a few months ago while trying to track down all our closing paperwork we found out the Nations Title closed our loan but only used Title America's office as they sometimes did to close loans for The Mortgage Store.  The Mortgage store used Decision One as their lender but they went out of business in September.  I think it is all connected.

Linda- If I understand everything here, you had a normal closing, began paying, and recently had a problem with HomeEq stating you were behind. You dispute this. But, you also mention a payment plan. Is this the result of HomeEq putting your monthly payment to taxes instead, or is it to pay back the taxes they paid on your behalf?
 
You also state that HomeEq still has you listed as behind, and is offering you another modification, correct? You don't like the modification, although you do not mention the current terms of your mortgage, or the terms they are offering. Are they requiring you to sign a release as well? Do you need a modification if you are current, and owe no additional monies, or are you doing this to go from an ARM to a fixed rate? Or something else?
 
Now, as I mentioned in one of my posts, either party has the right to correct a paperwork discrepancy in a document. I suspect (although some might call me naive) that the screw-up with the lot number is just a mistake. Either you or they can fix this.
 
Now, I don't recall reading anywhere where they are threatening to foreclose. So, other than the desire to fix this problem, is there some other reason to rush, and not take the time to find an attorney? Just trying to understand.
 
Linda- we are all trying to help. The more we know, the more we can help. So, feel free to let us know as much as you feel comfortable telling us, and we will see what we can do to help!
 
JB

 

 

 
Quote 0 0
Linda-
This consumer attorney knows about predatory lending and servicing and is in illinois:

http://www.edcombs.com/








Quote 0 0
Joe

I am going to answer this as best I can.  Thanks so much for clearing up the confusion.

Joe B wrote:
Folks-

     In an attempt to help sort out the confusion around the original post, I have broken out the questions from Linda (although not the responses) in order to try and help her. I didn't put in the many answers because they might lead to further confusion. I will do the same for the poster "help!" as soon as I can.

So, here are her posts. I thought if we read from beginning to end, that we could try to help her, sort of with a clean slate, and no confusion around who is posting what. I will try to summarize at the end of the post as to what I think is happening, and Linda can fill in the blanks.

     It might be better if Linda could type in a history of her problem from start to finish so we could answer her in entirety, instead of piecemeal as has been happening. Nevertheless, here is what has been posted and we can go from there.

JB


Question 1-- We did a title search on our home to try and find out who owns our mortgage.  When we went to pick it up from the title co., they had notes on their they we did not own the home or the land.  The original deed and quit claim deed that was originally filed by the mortgage store had the wrong Lot # listed.  They say we will never be able to sell our home.  How can anyone collect from us if there is nobody assigned to our deed?

Question 2 --I have all the documents from the Court House and from the Title company.  What happened is they typed the wrong Lot# on the Deed and Quit Claim Deed.  I am current on my loan, however because of Homeq's scam they reported us 3 times 30 days late when we weren't.  Now we can not refi our home that is due for an Arm increase next month.

I don't know how you all do this.  I appreciate all the info that you give me.  I am not sure which way to turn.  Some days I don't know if I can go on. Dealing with this is sometimes more than I can take.  How do these people get away with ruining so many people's lives?

Question 3—I live in Southern Illinois - 30 minutes from Saint Louis MO.  If anyone has a name of an attorney that can help me I would greatly appreciate it.

Question 4--Do you mean who originated our loan?  If so it was The Mortgage Store in Saint Louis.  Who and how do we make a claim?

Question 5--I know that I need an attorney but can't seem to find anyone that is not working for the Mortgage Servicer.  Any suggestions?  I have so much going on and it seem like the more searching I do the more the more problems that I find. 

Question 6--I am not sure where you read in any of my post that I am behind.   If I posted that anywhere it was in error.  We are current on our loan as of August of 2007.  We had Homeq escrow our last half of taxes last year into our loan but asked for help in keeping the payment as low as possible.  As you all well know - they refused to help.  When my husband called in May to ask again b4 making our payment he was told they could put us in a payment plan but he did not want to do this as he did not want it to affect our credit.  He was told that this would not be reported as it had nothing to do with us being behind it only had to do with the escrow It was our fault for falling for this.  We were in a payment plan for June and July until I figured out what they were doing.  We paid out of the payment plan in August but they still reported us late even though we were current.  This I believe was to keep us in this loan unable to refinance.  We were sent a letter 3 weeks after getting out of the payment plan and being current threatening us with collection action for not making the payment plan payment for September (again we were current).  We have a letter from their attorney and phone calls stating I can only talk with him because we are now considered in litigation.  The title search all came about from advice I took from someone on this board who emailed me and told me they were going to help me.  This is when we found out that the deed and quit claim deed was not correct and we were told that we didn't own the property.  So it seem the more I dig the more I find out.  I have been offered a modification from their attorney, however I think it is a "hush up offer".    You all have been at this longer than I have so I would appreciate some direction.   I have been looking for an attorney and I have taken all the sites that have been offered here but still seem to not have any luck because I have found that they seem to be working for the Mortgage Servicers.  I know that all of the conversations that we had with Homeq were recorded.  I have requested them with no response.  They sent us a written correspondence of what the CSR's had typed but that info is not the conversation we had with them.  I have also contacted the Title company and asked that they fix the deeds.  They are looking into this.  I do not want a "hush up" modification from Homeq as I fear at some point they will figure out how to take our home also.  I want them to fix our credit report so that we can re fiance.  I am sorry if I confused you and will not post anymore if I should not be here.  I am just another desperate person stuck with Homeq and looking for a way out before we lose our home also.  I can not live every day with watching and wondering what they are up to.  This stress is more than I can take and I am sure everyone on this site feels the same way.

 

Question 7—JB I am so sorry I thought you were responding to my post.  Which poor HELP sounds like they are in the same boat with Homeq.    No wonder I was so confused about what you were saying.  Anyway can you read my post as I have update some information to you.  Also after getting caught up on this tread.  Does anyone find it also strange that when we closed we closed at a title company that was in the same Building as The mortgage store, however we later found out that a different title company just used their offices to do title work for The mortgage store.

Question 8--Here is how the closing went.  Title America was in the same building as The Mortgage Store.  We thought we were closing with them.  That would make some since, however a few months ago while trying to track down all our closing paperwork we found out the Nations Title closed our loan but only used Title America's office as they sometimes did to close loans for The Mortgage Store.  The Mortgage store used Decision One as their lender but they went out of business in September.  I think it is all connected.

Linda- If I understand everything here, you had a normal closing, began paying, and recently had a problem with HomeEq stating you were behind. You dispute this. But, you also mention a payment plan. Is this the result of HomeEq putting your monthly payment to taxes instead, or is it to pay back the taxes they paid on your behalf?  We were told that the only way they could help us with the back escrow was to put us in a payment plan, they would not report it as late because it had nothing to do with us being behind.  However by starting the payment plan it made us look like we did not make our May payment so they reported us late May June and July while we were in the plan, we did not need to be in the plan because we were not behind on our payments.  We got out of the plan when we found out they were reporting us late.  Paid in full on August 31st they reported us 30 days late in August.  Then we got a letter from them 15 days later threatening collection action on us because we missed the September payment plan payment.  We were no longer in the payment plan and current on our mortgage. We asked twice before receiving this letter to be sent a letter stating we were current and no longer in the plan.  Never received it.
 
You also state that HomeEq still has you listed as behind, and is offering you another modification, correct? You don't like the modification, although you do not mention the current terms of your mortgage, or the terms they are offering. Are they requiring you to sign a release as well? Do you need a modification if you are current, and owe no additional monies, or are you doing this to go from an ARM to a fixed rate? Or something else?  I have a letter from their attorney stating I can only talk to him because they consider us in litigation.  I have not seen the modification as I don't want to continue my mortgage with them.  To me it is a hush up offer.  His letter even states that I am making it difficult for them to work with me because if the emails and postings I have sent.
 
Now, as I mentioned in one of my posts, either party has the right to correct a paperwork discrepancy in a document. I suspect (although some might call me naive) that the screw-up with the lot number is just a mistake. Either you or they can fix this.  I contacted the title company two days ago. I am not totally convinced it was a legitimate mistake, however they said they would call me back but have not.
 
Now, I don't recall reading anywhere where they are threatening to foreclose. So, other than the desire to fix this problem, is there some other reason to rush, and not take the time to find an attorney? Just trying to understand.  I have contacted several attorney's with no luck.  I think that we are scared, and realized that Homeq can do anything they want.  I am unsure weather to take the modification but don't trust them and if I don't then will my payments be so high that we will at some point be in foreclosure.
 
Linda- we are all trying to help. The more we know, the more we can help. So, feel free to let us know as much as you feel comfortable telling us, and we will see what we can do to help!
 
JB

 

 

 
Quote 0 0

thank you.  I have sent them an email.  I am not sure if they will be able to help as they are in Chicago and I am in Southern Illinois but I have my fingers crossed.

aprioremailer wrote:
Linda-
This consumer attorney knows about predatory lending and servicing and is in illinois:

http://www.edcombs.com/








Quote 0 0
Linda,

Make it work with this attorney as you may soon come to the conclusion
there is nobody for you locally.

As long as the attorney is licensed in your state, he can help you.

I'm glad you got a referral.  That doesn't happen often.  Of course,
be sure your problem is within his field of practice.

I'm going to give you a hint about documenting your case so that you can explain your problems and or provide documentation of your complaints.

Please do NOT be offended. There is no reason for you to understand
what is required in litigation.  You are not doing such a good job explaining
what happened.  You can fix that. 

1.  What are the facts concerning this loan.
2,  What are the issues you have.

Get a file folder or 3 ring binder with tabs, a green tablet of accounting
paper with as many columns as possible on a letter sized pad, 3 hole punch
and red and black pen.

Get out your mortgage contract.  Put behind the first tab and label it
Mortgage contract.  Put this in the horizontal lines above the columns.

Put the facts of your loan from the contract itself.  Details that are important. 

Date of loan, amt.  Date payments are due, grace period, specifics
regarding the ARM adjustments.  You should be able to figure out
the exact dates it will change.  Is there a ceiling on the interest amount of the loan. Escrow?  If so, how much.  How many years the loan is for. 
What % is the most they can charge you.

You said you had a payment plan once before.  That is an important fact.
Put the date, amount and  was a formal agreement signed by both parties
or just an informal agreement that you either paid in full or not.

The columns need to be titled.  This is where you will record all payments
you made for the life of the loan.  Once you have done this, you will continue
it until your loan is done updating it monthly.

Date of check;  Amount:  Date rec'd by servicer:  Date deposited by servicer:  Date Cashed by your bank.  Attributed correctly to principal and attributed to interest amounts.  Taxes and insurance.  Any fees you were
charged outside principle and interest.  Leave room for comments.

Next, get out all your checks going back to month one to put in date
order.  Record the information from the checks.  Put your checks in an envelope and file them in the second tab.  Cancelled checks.

Next, gather all correspondence to and from and put that in date order.
Month by month and put a short description what it is under comments:
Such as RESPA letter, letter threatening foreclosure.  Whatever event
happened that month and year.

Next, run a mortgage calculator.  Type Mortgage Calculator into your web browser. Pick one that you like.  Enter the facts of your loan.  How many years, the total amount of your loan. 

You will now have the tool you need to know how much you should have paid
for principal and interest and also gives you the balance of principal and interest that you owe for each month thru the payoff date.

If you want to do this ahead of time to allow for the next ARM raise, just run another one starting with the date and interest rate for the arm adjustment.
They will send you a notice they raising your rate and how much (at least they should) or you may get nothing but a payment coupon that raises it.

Once you know what it is you can run this again. 

You need to know this information in order to make informed decisions about
this loan and whether or not you can afford the payments.
You can play with the interest rate to see what % you need to be
able to stay in the loan.  Whatever you do, don't negotiate a new
plan with them without doing these steps. 

File this paperwork in the next tab.  Mark it amortization schedules. 

When you have finished recording the facts you will then look for mistakes.
under comments in red write what the mistake is.  Late fee charged.  Payment on time. $35.00.  Force placed insurance $800.00.  Policy in force.
Mailed copy of proof of insurance 8 times.  Next tab: Forced insurance.
Put the policy there.  Anything like that you see as a mistake,error or delibrerate that costs you money, time and aggravation to get it corrected.

Now you have the facts and the issues.  Look it over again the  next day
to think about it and see if there are other issues or facts you should include.

After you have finished this, you will have created a litigation package.

Make at least two copies of it.  Keep one extra copy in order to make other
copies that you might need it for.  It is easier to copy the copy than deal
with odd sized material from the originals.

Give one copy to the attorney you select.  Try not to give the originals
to anyone but the court.

The goal for this work is for you to be the only one that is an expert
concerning your loan.

The green sheets are what I call a snapshot of your loan.  It only takes
a couple of  minutes for the lawyer to see what your case is about
and you can sit quietly while he/she reads it.

If the lawyer doesn't get it, move on until you are satisfied that you will
receive adequate representation.

The last thing is to make a list of what you want from the attorney
and servicer and rate them in order of importance to you.  Make it specific.
I want a fixed rate loan at 7% for 15, 20 or 30 yrs.

You may not want to do all this and maybe you feel you are clear about this loan.  Maybe you will lose this house no matter what you do.

Get a plan B established ASAP.  If you don't live there, where will you live?

If nothing else, you will know how to shop for a loan you can afford and stay out of the "predatory lending" scams.

None of us knew, we were going to get fleeced but signing on for a loan you cannot possibly afford is not a mistake you don't want to commit twice.

None of us knew there was fraud from begining to end in the mortgage
industry.

You have choices to make, make sure that when you do, you are making an informed decision. 

Dee




 

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Joe B
Linda-

     You got some excellent advice from Dee in her previous post; please do your level best to do exactly as she described. Whether or not you end up in litigation, you will be fully prepared whatever the outcome.

     I know you said you want to get away from HomeEq, so there's a few things going on that you are not worried about (I am paraphrasing). Here's my opinion... you should do everything from here forward with the expectation that you will be staying with HomeEq. Because there is no guarantee that you will be able to get away from them, and no complete picture about your choices, you are introducing a variable outside of your control. Therefore, if all you do is worry about HomeEq, and not the 15 other mortgage companies you are talking to about refinancing, you will be better focused to tackle this problem. Also, because right now you have no idea what they have done to your loan, or how long it will take to straighten out any mess they have made, you may never get a "clean" number with which to refinance. Do what you want obviously, but this is my advice.

     OK, so you went on a payment plan to recover the property tax they paid on your behalf (and at your request I think). At that time you were current, and all the communication from them showed you current. I assume all of their monthly statements during this plan showed you being current? Or, if not current, at least in compliance with the plan?

     You stated you got out of the plan; is that because you finished the plan, or you decided to get out of the plan?

     Here's the problem. If you entered a mutually agreed upon plan, you cannot unilaterally decide you are finished. You MUST complete the plan, unless there are mitigating circumstances, none of which you have described. So, I need to understand this information in order to help with this particular issue.

     You said they reported you 30 days late for August when you made the final payment on 31 August. This is likely because the payment was due on the 1st, with a 14 day grace period, making it due on the 15 before being reported late. They don't report 5 hours late, 2 days late, 25 days late, it's in increments of 30 days, period (i.e. 30, 60, 90, 120, etc.). You can argue later that because of the payment plan (and your compliance with that plan) that you were actually always current. I suspect that you will have the ability to correct this, but I am not sure right now, that it is the issue you should be most concerned about...

     You say they want you to enter another plan; I am confused. If you are current, and all the taxes paid, what is the purpose of the "new" plan?

     I don't have a problem with the lawyer being your only contact. In fact, it might be much easier having a single person responsible for helping to clean up this mess than the usual musical customer service reps we usually get. So, keep in contact with him or her, always in writing--either fax or e-mail if it is time critical, or in the mail, with delivery confirmation.

     You said you have an ARM increase coming. Do you know the new payment amount? Can you afford it? Other than the increase in payments, is there a reason to rush into refinancing? I understand your desire to get away, but there may be some things to do to clean things up a bit, so you will have more favorable terms from the new mortgage company. Specifically, if we can get them to properly report the status of the loan (current vs. 30 days late 3 or 4 times). So, if there is no real reason to hurry, let's tackle these issues one at a time.

     Who is taking charge of correcting the recording issue? If there is no imminent foreclosure taking place, you have the luxury of time to get this corrected. I am not sure who is better off with this being mixed up. Again, an attorney is certainly the best person to ask. For example, have you been paying on a mortgage that HomeEq has no authority to collect, and therefore, the contract should be voided? Do they even have the right to correct this error now? Do you have the right of rescission because of this problem? There are lots of questions around this issue, and some may actually help you a great deal. However, you NEED an attorney to answer these and other questions.

So, the open issues are:

1. They want you to enter into a new plan; why?
2. You at some point will want to clean-up the credit reporting (i.e. on time vs. late).
3. You want to refinance, but are having trouble because of their reporting.
4. You have an ARM increase coming.
5. You have a recording problem.
6. Anything else?

     So Linda, if you can look into my questions, I may be able to help some more. However, I cannot overemphasize that you NEED an attorney to help you sort through this. This weekend put together the information that Dee has outlined for you. I am pretty sure I outlined a number of other similar (and some different) things for you to prepare to make the meeting with the attorney go smoothly and more importantly get him/her up to speed quickly. Get all of this together, and anything else we decide as we go back and forth this weekend. Also, find a list of 10-20 possible attorneys to call, and then spend Monday calling them to reduce the number to 2 or 3 that you think you should meet with. Having these facts together will make the pre-screening much more efficient!

     Let us know how we can help!!

JB


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4 justice now
Linda,

I know it may sound a bit crazy, but you should consider yourself lucky. It appears that you were able to find this site fairly early, a time that may be very crucial, and have received excellent advice as a result. Many others haven't been nearly so fortunate. You should do your best to follow Dee's and JB's advice. Believe me they know what they are talking about and are obviously generous with sharing their knowledge, as are many others at this site. I didn't notice if it had been mentioned or not but you'll also want to quickly look to see if there's a prepayment clause in your contract. If there is it can result in some really hefty fees that would clearly impact your decision about refinancing. BTW: The prepayment clauses are often relegated to an area of the contract that may not be found so readily.

I wish you the best of luck!

Sincerely,

4J 
Quote 0 0
Joe B
Linda-

     How are things coming? We are standing by to help... Let us know what we can do!

JB
Quote 0 0
srsd

Are the lawsuits that are being filed against mortgage companies including the title companies or are they a seperate issue?  I have issues with both.

Quote 0 0
Joe

I have answered your questions below.  Today I am going to try and start my QWR but wanted to know if I should send to the attorney or to Homeq or both?

Joe B wrote:
Linda-

     You got some excellent advice from Dee in her previous post; please do your level best to do exactly as she described. Whether or not you end up in litigation, you will be fully prepared whatever the outcome.

     I know you said you want to get away from HomeEq, so there's a few things going on that you are not worried about (I am paraphrasing). Here's my opinion... you should do everything from here forward with the expectation that you will be staying with HomeEq. Because there is no guarantee that you will be able to get away from them, and no complete picture about your choices, you are introducing a variable outside of your control. Therefore, if all you do is worry about HomeEq, and not the 15 other mortgage companies you are talking to about refinancing, you will be better focused to tackle this problem. Also, because right now you have no idea what they have done to your loan, or how long it will take to straighten out any mess they have made, you may never get a "clean" number with which to refinance. Do what you want obviously, but this is my advice.

     OK, so you went on a payment plan to recover the property tax they paid on your behalf (and at your request I think). At that time you were current, and all the communication from them showed you current. I assume all of their monthly statements during this plan showed you being current? Or, if not current, at least in compliance with the plan?

     You stated you got out of the plan; is that because you finished the plan, or you decided to get out of the plan?

     Here's the problem. If you entered a mutually agreed upon plan, you cannot unilaterally decide you are finished. You MUST complete the plan, unless there are mitigating circumstances, none of which you have described. So, I need to understand this information in order to help with this particular issue.

     You said they reported you 30 days late for August when you made the final payment on 31 August. This is likely because the payment was due on the 1st, with a 14 day grace period, making it due on the 15 before being reported late. They don't report 5 hours late, 2 days late, 25 days late, it's in increments of 30 days, period (i.e. 30, 60, 90, 120, etc.). You can argue later that because of the payment plan (and your compliance with that plan) that you were actually always current. I suspect that you will have the ability to correct this, but I am not sure right now, that it is the issue you should be most concerned about...

     You say they want you to enter another plan; I am confused. If you are current, and all the taxes paid, what is the purpose of the "new" plan?

     I don't have a problem with the lawyer being your only contact. In fact, it might be much easier having a single person responsible for helping to clean up this mess than the usual musical customer service reps we usually get. So, keep in contact with him or her, always in writing--either fax or e-mail if it is time critical, or in the mail, with delivery confirmation.

     You said you have an ARM increase coming. Do you know the new payment amount? Can you afford it? Other than the increase in payments, is there a reason to rush into refinancing? I understand your desire to get away, but there may be some things to do to clean things up a bit, so you will have more favorable terms from the new mortgage company. Specifically, if we can get them to properly report the status of the loan (current vs. 30 days late 3 or 4 times). So, if there is no real reason to hurry, let's tackle these issues one at a time.

     Who is taking charge of correcting the recording issue? If there is no imminent foreclosure taking place, you have the luxury of time to get this corrected. I am not sure who is better off with this being mixed up. Again, an attorney is certainly the best person to ask. For example, have you been paying on a mortgage that HomeEq has no authority to collect, and therefore, the contract should be voided? Do they even have the right to correct this error now? Do you have the right of rescission because of this problem? There are lots of questions around this issue, and some may actually help you a great deal. However, you NEED an attorney to answer these and other questions.

So, the open issues are:

1. They want you to enter into a new plan; why? They want to modify my loan - it was an offer made by the Chief Financial officer of Homeq as I wouldn not back down on the late reporting.  I also told him they violated the fair debt collection act by sending me a collection letter on a current loan.  I was very adamant that they lied to us about this payment plan - that we would not have even been at that place if they would have been up front and honest about being able to stretch the back escrow over 36 months.  They did not tell us this until 10 days after we were in their "plan"
2. You at some point will want to clean-up the credit reporting (i.e. on time vs. late). I have tried but they still keep saying we were late.  I have asked for the recorded calls to show we were lied to - should I ask for this in the QWR?
3. You want to refinance, but are having trouble because of their reporting. Yes, but I have given up on that idea for right now as I have bigger problems with Homeq, and the Title Company
4. You have an ARM increase coming.  December 5, 2005, but have not received anything from Homeq as to the increase
5. You have a recording problem. Yes, the deed and Quit claim  is recorded to a different lot.
6. Anything else? I am in litigation with Steve Levy the attorney for Homeq but not sure why.  They also tried to tack on forced Homeowners insurance when we never had a lapse in insurance.

I have looked at your list of Mortgage Fraud Services and several of them are on our not so legal Deed.  Argent, MERS, Decision One and Wells Fargo.  Right now from when I can gather - nobody is on the deed as owning our mortgage.  The last person listed was Wells Fargo but we have a release from them on the deed in January of 2006.

 



     So Linda, if you can look into my questions, I may be able to help some more. However, I cannot overemphasize that you NEED an attorney to help you sort through this. This weekend put together the information that Dee has outlined for you. I am pretty sure I outlined a number of other similar (and some different) things for you to prepare to make the meeting with the attorney go smoothly and more importantly get him/her up to speed quickly. Get all of this together, and anything else we decide as we go back and forth this weekend. Also, find a list of 10-20 possible attorneys to call, and then spend Monday calling them to reduce the number to 2 or 3 that you think you should meet with. Having these facts together will make the pre-screening much more efficient!

     Let us know how we can help!!

JB



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Linda, call this law firm and make something happen for yourself. They can help you.

They have a section of their website about predatory mortgages:
http://www.edcombs.com/CM/Actions/Predatory-Mortgages.asp

To schedule a free initial case evaluation, complete the form below and submit it through this Web site for a prompt response, or call the law offices of Edelman, Combs, Latturner & Goodwin, LLC, at 1-800-644-4673.


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I sent them an email on Friday and they responded back today asking for more information.  I just sent this to them and am crossing my fingers that they will take this. 

On another note:  I followed up with the title company today about the errors on our title/deed.  They will not return my calls.

aprioremailer wrote:
Linda, call this law firm and make something happen for yourself. They can help you.

They have a section of their website about predatory mortgages:
http://www.edcombs.com/CM/Actions/Predatory-Mortgages.asp

To schedule a free initial case evaluation, complete the form below and submit it through this Web site for a prompt response, or call the law offices of Edelman, Combs, Latturner & Goodwin, LLC, at 1-800-644-4673.



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