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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home eq servicing has me trapped!!!  last summer i missed 2 payments and they files foreclosure on me, i set up a payment agreement with them, it included 2 payments behind, 1800 in foreclosure fees, 1 future payment, and about 400 in extra made up fees??  well i made those payments faithfully every month in Jan i went and spoke with a mortgage broker to see what i have to do to get refinanced, she said pay up home eq and a couple other things on my credit report, so i did home eq got 3000, others got a share of 4000, on Feb 15 when i got my taxes back.

  my mortgage payment was due by 16, they withdrew the money out of my checking on the 15, then on the 22 of Feb, i had a second set of foreclosure papers sent to my door, i was in the papers, and papers sent to my husbands ex girlfriend, the house is only in my name. 

 i called the attorney on the paper and he said he was ordered to file foreclosure on me, so i called the mortgage co, they said i was not in foreclosure and i was completely current on my account. i demanded to speak w a manager, they refused and said on will call you within a couple of hours, no one ever did ( this happened over 20 times). i had made so many calls between the attorney and the mortgage co i got tired of it so i did a conference call with the three of us on the phone, the mortgage com. said they will get some one on  this at get it straightened out, about a week later i got a letter saying the foreclosure was dismissed, i called them and and they said it was a mistake and they said i wont have to pay any fees

the 2 of April i got a call from home eq asking when am i gonna make my payment cause i was behind 1800 in fees for a foreclose (they charged me again) i took all my paper work to my attorney and he said only make the reg payment which i did then again this month i did, home eq is still calling me asking for the payment for the fees, i went to my attorney today a got my paperwork back from him because he hasn't done anything, he said oh the foreclosure was dropped, i told him i only wanted him to get this off my credit and stop them from trying to collect them fees from me.

how can i get them to stop this?

didn't they break the law?
they did i my book!! i have been under so much stress it is no tfunny, be humuliated in the paper, people calling saying sorry, i do child care and i lot  a family that brought in 1300 a month because they thought i have to move because they saw me in the paper getting foreclosed on.
and omg so many sleepless nights.
my credit is demolished, i needed a car last week and  now i cant even get a car loan

someone please offer me some advice i really need some help to get out of this, i thought my lawyer was gonna help, i guess he didn't think it was too important.
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Lisa:

You have enterred the purgatory of mortgage servicing fraud.  You need to educate yourself about this issue.  You can start by going back and reading hundreds of posts here at this site.

One thing that you especially need to read and to appreciate is posts about why it is ESSENTIAL that you memorialize your interactions with the servicer IN WRITING BY LETTER.  Telephone calls are usually going to be essentially NO EVIDENCE FOR YOU, but THEIR RECORDS of what is said in the telephone calls WILL be used as evidence AGAINST YOU.  And they WILL tend to MIE and distort what was said in the telephone conversation.

There are several posts on this topic.

Since you are already represented by an attorney, you are going to need to heavily rely upon your attorney to help you.  But your attorney is likely to think that this is an isolated MISTAKE.  To the contrary, what you describe seems to be a patttern of criinal behavior, which is widely discussed and explained on this site as mortgage servicing fraud.

The challenge you face is that it is going to prove to be UNECONOMIC for you to SUE the lender.  It will tend to cost you more in legal fees than you can recover.  What you have discovered is that "what is owed" now seems to be whatever the servicer SAYS is owed.  THey KNOW THIS and ADD bullshit fees to which they have NO LEGAL ENTITLEMENT.

What is COMING is they are going to start charging you a LATE FEE for EVERY month you FAIL TO PAY the unwarranted and ILLEGAL foreclosure fees.  They will charge you a late fee EVERY MONTH until the mortgage is otherwise paid OFF.  AND they will REPORT YOU as having PAID LATE every month to PURPOSEFULLY DESTROY YOUR CREDIT to make it IMPOSSIBLE for you to refinance and move to a different lender.  But even if you DID refinance, you have NO RIGHT TO SELECT your servicer and teh servicing rights to your refinanced mortgage could be SOLD once again to the SAME CRIMINAL ENTERPRISE.  This is NOT an abstract possibility.  Your mortgage servicing rights are worth FAR MORE to a company which engages in mortgage servicing fraud than they are to a company that honestly charges you what is owed.

So you have a very difficult battle ahead of you.  You need to EDUCATE YOURSELF and brace yourself for a very long fight.

The GOOD NEWS HERE is that you seem to really be CURRENT and you have an attorney.  Read the other posts about yoru servicer and about MS Fraud in general.

Good bless you!     
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4 justice now
Lisa:

Please heed Bill's advice and read as much as possible. By-the-way, another tactic that mortgage servicers often use which, I don't believe Bill mentioned is "Forced Placed Hazard Insurance". It's just another weapon in the fraudster's arsenal designed to cheat you out of as much money as possible. They usually request that you provide proof of having current hazard insurance on your home. When you send them proof it's nearly always ignored, and they simply purchase a policy for you at a cost that is at least ten times the market price for such a policy. Additionally, this type of insurance is very limited, as it only reimburses the servicer for their expenses.

I wish you the best of luck! Don't feel alone... believe me there are lot more victims than the media or the government wishes to acknowledge.

R,

4J
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hi again--i checked with my attorney, he has had the file since march, he said the foreclosure is dropped and he said he cant do anything else.  is there any way i can sue them and get this fixed my self?

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Ohio
Lisa,

Are they still demanding payment for the second foreclosure filing?

Most attorney's will tell you it will cost more than the 1800.00 to bring suit against Homeq.

BUT if Homeq files a new foreclosure because they consider the non-payment of the 1800.00 a default, then your attorney would have something to work with. Homeq would be forced to prove the validity of the foreclosure fee.

Ask your attorney if he will represent you in the event this does happen. Have him ready to go.

Your credit report is something you can work on without an attorney. Read up on the FCRA as to to your rights and remedies. Keep in mind that ALL info reported to the credit bureau's must be COMPLETE and ACCURATE. Anything wrong needs disputed right away.

This is classic MSF. Document everything, save everything, and be 1000000% sure your payment is never never late. Keep copies off ALL credit report files you pull.

Anticipate their next move and be ready to act. (My guess would be a third foreclosure filing with the bogus 1800.00 being used as basis for default).

When did homeq become the servicer? At the beginning of the loan?
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This is similiarto what is happenning to me. HomEq is the worst.

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