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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Do any of you have dealings with Homecomings Financial?

I have been through the mill with this company since 2001.

I am still in my home.....but have been overbilled, threatend,forced insurance, had to pay out thousands of dollars in costs, and even had to file chapter 13 .

I finally got tired of the fighting and decided to sell our home .....to our suprise they also added even more debit to our payoff almost $10,000.... we decided not to sell.

I am gonna fight these people with every fiber in my body.
There has to be away with all the posts I have read on the Internet someone has to be willing to help all the victims.
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tired and tattered
Some one does need to help those of us that are being victimized by the mortgage servicers. We too have had to file bankruptcy. The company we are dealing with is HomEq Servicing. The problem with the current bailouts is that they are dealing with people that have made their payments on time until the ARM rate went up. The servicing companies make sure that our payments are posted late. Our BK lawyer said that they are trying to get a 241 I put into the bankruptcy documents in Illinois. He said the problem is that the judges don't want to deal with it. He said that even though they can usually get  these bogus fees dropped it is nothing more than a slap on the hand. The judges in Illinois want the bankruptcy docs to be short and sweet. The lawyers do not get paid or get paid very little to spend another 15 to 30 hours to sort through the loan paperwork. We need to write to our state government and if possible the judges to get them to inforce the criminal actions of these servicers and lenders. My lawyer said they have a meeting in about 2 weeks regarding the 241 I. I told him if it would help I would sit in on the meeting. We'll see what happens.
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Joe B
T and T--

     I am sorry to hear of your problems with HomeEq. Welcome to our misery. Believe me, we have empathy, for many of us here know exactly what you are going through, and wish the people who could do something about it (judges for example), would actually do something that might make them stop!!

     I do have a quick question: What is a "241?"

JB
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We too have a Homecomings loan, which we were sold to several years ago.  We have had nothing but heartache with this company and I would love to stop them from continuing to harm the average person.  They have raised our interest rate, with no reason, to 12%!  We are in HUGE trouble.  We are in the process of refinancing but due to the economy and over-appraised home, it does not look good.  I have told them we need to do something to get things back in control or we will be forced to foreclose on our home.  They have also attempted to force their insurance on us - we provided them copies of our policy 4 times before I was able to remove it from our payment.  They did not reimburse us and even went so far as mailing our payment back to us and reporting us to the credit bureau stating we paid late!  I am still fighting that.  They also reported us 120 days late (no 30, 60 or 90) and it took us 13 months of fighting to get that removed.  I feel they did that in order to keep us from refinancing as it ruined our credit.  I am so angry with Homecomings and would LOVE to get a class-action law suit against them but I am not sure that would fix the damage they have done.

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~beenawhile
You need to write a Q. W. R. to them
Q. qualifed  W written R request

are laws made by the federal government, and governed by RESPA
Real Estate Settlement Procedures Act
Sponsored by HUD
Housing of Urban Development.

Here is the letter form you will need to follow when you write to them.
You will also need to send this letter via US postal service, Certified, Signature required, Return receipt, to the either  the "Correspondence" address on the back of your monthly billing statement, or to the "Q.W.R." address on the back.

Here it is
*********************

Attention Customer Service:

Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]

This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.

List a day time telephone number in case a customer service representative wishes to contact you.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved.

You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.

http://www.hud.gov/offices/hsg/sfh/res/respa_hm.cfm

here is another page that you might find interesting and helpful.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

look around those two sites, there are helpful.

You've got to get a Q. W. R. out to them as soon as possible
Good Luck
in t

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~beenawhile
in the mean time, start getting all of your documents together.

anything that has to do with your mortgage, taxes, or insurances.
You will need to have everything organized,

and you will need to make copies of it all
and put the originals in  a safe location like a safety deposit box, at a local bank.

You should make 3 copies to spread around in different locations.
And keep the originals locked up tight.


look into options such as Bankruptcy CHPT 13,
and contact the following attorneys with questions you have,
A Consumer Attorney
A real Estate Attorney
A Bankruptcy Attorney

It is free to ask them questions, over the phone.

***** This is not legal advice, it's only offered as a suggestion, you make the calls on your own behalf, and you make your own decisions.

Good luck
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Joe B
From what the lawyer told me the 241 concerns the time and trouble that the lawyers go through when they spend 15 to 30 hours sorting through the documents and on the phone and any other time that is spent concerning the loan documents and bogus fees and such. At the time I posted this my lawyer told me that this would allow them more time to spend on these things as they will get compesation for their time. They were suppossed to have a meeting with the judges on this matter. I havn't found out if they got it included in the bankruptcy laws yet. I will find out soon. The judges in Illinois are really against anything that makes the bankruptcy take too long. If the 241 was implemented then the lawyers would get paid the extra hours to invest in these problems. As we all know a lawyer does not like to work for free.
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