Incorrectly sent to Foreclusre

What is the name of your state? New Jersey

Our mortgage company incorrectly cashed a check and short changed themselves about $900.00. This action sent our mortgage into foreclosure proceedings.

We a letter stating that we were being considered for foreclosure and I immediately called the mortgage company and discussed this. After hearing what they had to say, I did some research and discovered the check had been cashed for the wrong amount. I was told someone would look into this and would call me back. I had even faxed them the front and back of the check we had sent in. I called back 2 days later where a woman told me that it was still being looked into and that I had to be paitent and someone WOULD call me back. You know no one called me back

Two more days later we were served with foreclosure papers. I called our mortgage company after being served with papers, because as far as I was concerned, I had sent in the correct amount. THEY cashed the check for a lessor amount, even though there was enough money in our checking account to cover that check about 15 times over.

After severeal phone calls to them while they "researched this" I was told the mortgage proceedings were stopped. I was then told to calling my checking account bank as it was their fault. It is not our checking account banks fault. This mortgage company wanted us to pay about $3000 in legal fees for an error which was theirs alone.

While it was on hold, they were supposed to be contacting me with how to get this account corrected. I never heard from them. They were supposed to contact the attorney and let them know that this was on hold. They never did that either. I sent in a check to at least keep the account current with the upcoming months, only to have this returned to us because the account was in foreclosure.

I faxed their attorneys with a note, a copy of the front and back of the check, as well as a copy of our checking account bank statement. No word from them either.

Now... two months since this mess started, I get another note from the Mortgage company's attorney stating that the proceedings are continuing. I fax them a note yet again in addition to the previous note I had sent them.

I get a call from that attorney's office immediately where they advise me that our mortgage company NEVER notified them about this error and never put the foreclosure on hold. The attorney had been proceeding all along with this.

I speak (yell is more like it) to the mortgage company after this and tell them that the attorney was never notfied of the hold and demanded a note be sent to them immediately as well as a copy sent to me. The attorney did recieve an email from them last night stating the the foreclosure was incorrectly sent to them and it should be considered closed. I never received anything.

My question after all of this is......what recourse do I have for what this mortgage company has done to us? They still not have called us back on how to clear this up and finish this. We've suffered the embarrassment and stress of having a person serve us with papers in front of our home, of having to sign certified letters from their attorney and having daily mail and phone calls with solicitations from "foreclosure" specialists.

How can they get away with doing this to people? Do I report them somewhere? Any advice would be greatly appreciated.

[Ciarraine]

Originally Posted by margoto

What is the name of your state? New Jersey

Our mortgage company incorrectly cashed a check and short changed themselves about $900.00. This action sent our mortgage into foreclosure proceedings.

We a letter stating that we were being considered for foreclosure and I immediately called the mortgage company and discussed this. After hearing what they had to say, I did some research and discovered the check had been cashed for the wrong amount. I was told someone would look into this and would call me back. I had even faxed them the front and back of the check we had sent in. I called back 2 days later where a woman told me that it was still being looked into and that I had to be paitent and someone WOULD call me back. You know no one called me back

Two more days later we were served with foreclosure papers. I called our mortgage company after being served with papers, because as far as I was concerned, I had sent in the correct amount. THEY cashed the check for a lessor amount, even though there was enough money in our checking account to cover that check about 15 times over.

After severeal phone calls to them while they "researched this" I was told the mortgage proceedings were stopped. I was then told to calling my checking account bank as it was their fault. It is not our checking account banks fault. This mortgage company wanted us to pay about $3000 in legal fees for an error which was theirs alone.

While it was on hold, they were supposed to be contacting me with how to get this account corrected. I never heard from them. They were supposed to contact the attorney and let them know that this was on hold. They never did that either. I sent in a check to at least keep the account current with the upcoming months, only to have this returned to us because the account was in foreclosure.

I faxed their attorneys with a note, a copy of the front and back of the check, as well as a copy of our checking account bank statement. No word from them either.

Now... two months since this mess started, I get another note from the Mortgage company's attorney stating that the proceedings are continuing. I fax them a note yet again in addition to the previous note I had sent them.

I get a call from that attorney's office immediately where they advise me that our mortgage company NEVER notified them about this error and never put the foreclosure on hold. The attorney had been proceeding all along with this.

I speak (yell is more like it) to the mortgage company after this and tell them that the attorney was never notfied of the hold and demanded a note be sent to them immediately as well as a copy sent to me. The attorney did recieve an email from them last night stating the the foreclosure was incorrectly sent to them and it should be considered closed. I never received anything.

My question after all of this is......what recourse do I have for what this mortgage company has done to us? They still not have called us back on how to clear this up and finish this. We've suffered the embarrassment and stress of having a person serve us with papers in front of our home, of having to sign certified letters from their attorney and having daily mail and phone calls with solicitations from "foreclosure" specialists.

How can they get away with doing this to people? Do I report them somewhere? Any advice would be greatly appreciated.

You get an attorney, yesterday. If what you say is correct, they are in violation of the law, you have a strong case and you're in danger of losing your home if you don't move fast.

I live in Arizona,
And I am haveing almost the same problem the only thing that is different is my mortage company refunded a payment back to the company they bought it from and now they want me to pay them for that month again. I have two propertys with thsi company they have forclosed on both, and ruined our credit. Can I sue for slander of credit?

[Ciarraine]

Originally Posted by Momof2angels

I live in Arizona,
And I am haveing almost the same problem the only thing that is different is my mortage company refunded a payment back to the company they bought it from and now they want me to pay them for that month again. I have two propertys with thsi company they have forclosed on both, and ruined our credit. Can I sue for slander of credit?

Mom of two angels: Go see an attorney, too. It sounds like your lender violated RESPA (Real Estate Settlement Procedures Act) as it pertains to the sale of servicing rights. When things go to foreclosure, you need to act fast.