Mortgage Company Lost Our Cashiers Check

[mortgagemess]

What is the name of your state?What is the name of your state? Indiana

What is the name of your state? Indiana

I had previously attempted to get some advice on the situation below. Does anyone have any advice?

At the end of 2003, we got behind on our payments. We tried to contact our morgage company numerous times to see if we could get help as they state if you get behind on payments, they have options for help.

After several attempts, there was no response. Finally, in early 2004, we sent a payment as our finances were better. They returned the check stating that they could not accept it as we had not contacted them about a payment plan.

Once again, we tried to contact them. No response. Finally after contacting hud as this is an FHA loan the lender responded. This was now March 2004. They had already started the foreclosure proceedings. However, they stated if we paid 3 payments plus a ridiculous amount for their attorney fees, they would refinance, etc, to get our loan back on track. We followed through with the three payments as they requested. At that point, they stated do not send anymore money until they reviewed our account. We spoke to thier attorney and was informed the foreclosure had stopped because we followed through with our payment.

We waited and waited for the review, and it never happened. Upon reviewing our account online, we saw that the first payment we made(the largest of the three as it included attorney fees) had not been applied.

Finally after months of waiting, they contacted us stating that they lost our first check and we needed to get a new one reissued. We spoke to our bank and they stated that a cashiers check could not be cancelled automatically. We would need to contact the lender and have them sign a form that if the check was found, they would not try and deposit.

Well, that was July of 2004. We are now 16 months behind on our mortgage, and they keep tacking on late fees and reporting us as late on our credit report. It takes them at least a month or more to respond, and we have recieved little correspondence in the mail from them for at least one year. We have only spoke to a load specialist(the same man) who stated to not send any money until the review was done.

They have now refused to send a letter via mail that states they lost the cashiers check. We have not gotten a new cashiers check. However, even though we went through with the agreement and then they lost the cashiers check. They started foreclosure proceedings again.

We realize we are in the wrong for getting behind, but this is ridiculous! How in the world does a large financial instituation lose a large cashiers check. We have no idea what to do. We have involved HUD, but they do not seem to know what to do either.

We have all the documentation regarding admitting losing the cashiers check, agreement to work with us to get caught up, etc. We cannot afford a lawyer should file an answer to the courts about the situation. Our court date is May 20, 2005. Any advice?

[panzertanker]

Originally Posted by mortgagemess

We are now 16 months behind on our mortgage, and they keep tacking on late fees and reporting us as late on our credit report. Any advice?

Unless you are able to refinance, it would seem like your only option is to start packing. That is opinion, but you ARE 16 months behind and admit you do not have the finances to make it right.
Anyone else?

[JETX]

Duplicate post.
For responses, go to: [url]http://forum.freeadvice.com/showthread.php?t=221788[/url]

[mortgagemess]

Thank you for the reply. Yes, I apologize, it is a duplicate post. I resposted because I had updates and also, I did not recieve any responses to my first post.

In regards to refinancing, do you mean refinancing with current mortgage company? Or, do you mean another company? Are there actually mortgage companies that will refinance if you are this far behind?

In summary, we defaulted, they agreed to work with us if we paid on a 3 month agreement, we paid the agreement on time, they stopped the foreclosure proceedings, they told us that a review would be done within a week, they told us NOT to send any funds until the review was done, they informed us that they lost the cashiers check, they started foreclosure proceedings again. We know it is best to have everything in writing, and we do, the statement telling us not to send any money, the admittance that they lost the payment, etc.

The latest is that we contacted thier attorney filed the foreclosure proceedings again. She was not aware of the missing funds situation and wants us to send her documentation of the three payments that were made and the email proof of them stating not to send any money, etc.

At this point, does a mortgage company have to accept payment if we pay all payment past due, and also, if we did this, do they have to stop foreclosure proceedings?

We have also been in contact with the OCC and

After one is officially foreclosed on through court, can one appeal?

Would it be to our advantage to write to the courts before our court date and inform them of the cashiers check situation?

[JETX]

Originally Posted by mortgagemess

Thank you for the reply. Yes, I apologize, it is a duplicate post. I resposted because I had updates and also, I did not recieve any responses to my first post.

Sorry, but we (responsible members) still don't reply to duplicate posts. Put your update... and subsequent information on your ORIGINAL thread.

[mortgagemess]

So what you are saying is responsible members tend to be on the rude side. I have read a lot of your posts and you seem bothered in most of them. I assume that you are not being forced to post.

[JETX]

Originally Posted by mortgagemess

So what you are saying is responsible members tend to be on the rude side.

Gee, it took less time than I expected for you to find some feeble complaint over the suggestion that you play by the rules on this forum.

I have read a lot of your posts and you seem bothered in most of them.

I can see why YOU would feel that way. Anyone that whines and bitches about them having to follow the same rules as everyone else... is expected to try to find some kind of negative in posts.

[dc417]

you need to contact a real estate attorney real quick. There should be one who would take the case base on the documents you have for at least the attorney fees, which stand to be very high. Don't you dare give up!! again, act quickly!! There may be a legal aid agency in your area that can assist you. You have a very good case. You can legally dispute the billing under the Fair Credit billing Act. Also, if you find an attorney who will accept this case, make sure you request damages(i.e., punitive, emotional, etc)

[JETX]

Originally Posted by dc417

you need to contact a real estate attorney real quick. There should be one who would take the case base on the documents you have for at least the attorney fees, which stand to be very high. You have a very good case.

Sorry, but you are simply NOT correct. Though the writer very likely has a legitimate 'complaint' against the lender, I really see no issue of litigation. How about you providing a little more insight into the LEGAL basis for your 'sure thing' lawsuit.??

You can legally dispute the billing under the Fair Credit billing Act.

Please explain how you feel that the writers situation falls under the protection (or is somehow a violation) of the FCBA.
Since you seem 'confused' about what the FCBA covers, here is a link to it:
[url]http://www.ftc.gov/os/statutes/fcb/fcb.pdf[/url]

Also, if you find an attorney who will accept this case, make sure you request damages(i.e., punitive, emotional, etc)

If you had ANY idea of what you are talking about, you would know that punitive claims are NOT compensible in this type of case.... if there were a case.

[mortgagemess]

Thank you for the advice dc417. We have gotten alot accomplished since the last post. Yes, you are correct. We contacted 2 attorneys who stated that we do have a strong case as well and have had similiar cases with this mortgage company.

We finally got in contact with someone at the mortgage company who would listen to us. We had to get OCC involved to get that far. She was very alarmed with the situation. She said losing the payment was thier fault and our account should have been reviewed months ago because the check was lost on thier end. She is high up in the company and she is going to get us back on track, even to the point of cleaning up the credit report, deleting attorney fees, late fees, etc. She has followed up with us numerous times, so we finally feel pretty confident.

We are so glad that we did not give up.