Joe B wrote:
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!!