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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I have been having trouble with my mortgage company Countrywide

 Last year we fell behind in our mortgage payments due to illness and death in our family.  We were set up on a special forbearance.  It took forever to get it to lack of communication on Countrywide's part. I was always calling them leaving messages no one called us back. I ended up going to a branch office  to talk face to face to a person.   Once we got on the special forbearance we paid every month never missing a payment. 

In June I received a letter and contacted them immediately. The negotiator Victoria Varulla told us we still owed and needed to pay back. She said someone would contact us about a payback program.  I waited about a week and called them back. All I got was the run around.

Next thing, we got our June payment returned with a note that we were back in Foreclosure. I immediately called back Countrywide and got nowhere. I called a couple days later and after talking to 3 people the woman on the phone said we needed to pay back she gave me three different amounts.

Then I spoke with yet another person and was told someone would contact me soon. I waited three days and called them back. After talking again to several people I told them I needed a resolution, please don't transfer me to another person.  Then she said they would try another loan modification she told me to call in 5 business days.

Then the mail started from their Attorney and another check sent back for July's payment. I got the same letter three times.

Yesterday I received another certified letter from the attorney with a sale date for my house September 13th.
 
I then called Countrywide again. I talked to 4 people before talking to someone who made half sense. She told me to call back in 2 days about my new loan modification.  I faxed them my current earnings and they were suppose to send me a packet for the loan modification two weeks ago. 

I am afraid they will drag this out until the sale date.  

What can we do? I am disabled and so is my son. I have told them this.

What is my next step? I called the local Hud office they gave me consumer credit counsiling....
Please help,
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Babs

America’s Servicing Company / Wells Fargo is doing the same. Maybe these Mortgage Servicers have a “Universal Handbook”?

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Because of the short period of time before they foreclose, we'll have to give you the reader's digest version for now.

1.  Get a lawyer.  check out

http://www.martindale.com

2.  Find  your mortgage contract and the forebearance agreement. Read the mortgage contract and write down the terms.  Date you signed it.  First payment due? Type of loan:  Fixed rate % or Adjustable rate % adjustable
when 1st time.  Date payments are due:  on or before the 1st with a
14 day grace period.  You are late if they don't have your payment on the 1st.  They just can't charge you a late fee until 15th.  Do you have an escrow account?  That would be for taxes and insurance.  Did you have your own insurance policy and they replaced it with someone they picked?  That can become an issue. 


3.  Find every piece of paper you can put your hands on concerning your mortgage.  Put that correspondence in date order.

4.  Find all your checks and put them in an envelope in date order.  Make a cover sheet for them since the inception of the loan.  Like your first
payment was Jan 2006.  Date or check, amt of check, Date the servicer
received it.  Some put a date stamp on the front of the check.  Date they deposited the check, the date your bank cashed the check.  On each check, did they attribute it correctly to principal and interest, escrow if indicated.
If not, what did they do wrong? 

Put it together either in a manila folder or a 3 ring binder.

Call the telephone company to see if there is any record of your calls
to the mortgage servicer.  If so, get a copy.

You may not be aware of all the issues you need to address.  You cannot be expected to know them but you will have to understand that you are responsible and must learn quickly.

What kind of lawyer?  Well, that's a problem.  Look for a consumer protection lawyer.  Tell him/her you believe your mortgage company is trying to fleece you.  That is plain and simple.

Some people have been able to stop the foreclosure through bankruptcy.
It is not a permanent solution but gives you time to consider your next step.

Don't really expect to win but make the best fight you have in you so whether you win or lose, you at least know you did everything in your power to fight them.

The judges pretty much just rubberstamp foreclosures.

Please don't expect anyone in this process to care whether you and your son are disabled.  Besides, you are dealing with a predator.  Do not show weakness or fear.  THEY love weakness and fear to exploit.

Sorry you are going through this, we do care around here.

Any questions?  Let us know.

I'd like to see you run an amortization calculation of your loan repayment.
type in your web browser:  Mortgage calculator.  Plug in the terms and voila, it will calculate how much you have paid and how much you owe for principal and interest each month.

This is quite often enlightening.  I believe that each borrower should do this
and use it every month comparing what the totals should be to what the servicer reports them to be. 

You will need to run two of them.  the second one is based on the forebearance agreement terms.

They can be worded to change the terms of your loan to a higher percentage rate or the insertion of unreasonable and unnecessary fees.  Compare the original mortgage terms to the terms of the forebearance agreement using the same method of preparing a sheet outlining the terms.

You are preparing a litigation-evidence packet.  If an attorney has any skills at all, he/she should be able to see the pattern of behavior and develop
a plan of action.  Listen and decide if that sounds reasonable before you make the decision to hire him/her.

There's no guarantees but you will be increasing the odds of finding one compatible.

Next, search this site and others for other complaints about this company.
Print out a slew of them and put them in another folder to hand to the attorney that might look at  you as though you've lost your mind.

Too many are still spewing the lie that they don't want to foreclose, they don't want your house, that is pure b.s.  They are fee based driven as they get to keep the money like a bonus.  They take your home after stripping as much equity as possible, sell it for next to nothing to themselves, sell it again for a much higher cost.  That's called flipping.  Or they collect insurance on the defaulted loan.  They don't lose money.

Your loan may be defectively written is another reason to foreclose so they can get it off the books.  Maybe the forebeance agreement is poorlywritten.

The repayment process for borrowers is a landmine path fraught with peril.
Phone calls are not helpful to you.  They don't leave a paper trail.  Letters to the Loss Mitigation Unit would be much better proof.

Good luck.  If we can help, let us know.

Dee

 



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