Mortgage Servicing fraud

[Roselady]

What is the name of your state? Illinois

Origional loan was bought- then assigned to a servicing company. We weren't sent statements as to WHERE to send payments. So we continued to make payments to the old company until we were informed as to whom & where to send payments. Our first real contact with the new company was with a foreclosure notice.

We attempted to straighten things out- But the company was very hard to deal with. We paid the huge fee's & went into a forebearance agreement with them. All payments were made on time---yet each & every month-we recieved late notices & these HUGE late fee's I would call & give them proof (duh! We were required to Quick collect the money to them)

6 months later- again- forclosure procedings AGAIN- this time it seems that they had taken insurance out for us (even though we had been paying for it through our own company) but those costs & all these huge (fake) late payments equaled being 1 month behind. They start to refuse our payments (but didn't bother to tell us for 2 months) Once again- we go into another forebearance agreement with them. Big money up front & double payments. The strange part about this company- is that there are no statements or payment coupons- I requested several times for such, But nothing.

Over the next year- we make every double payment on time. Each & every month- we get a late notice & I call to inform them of the proof that it was recieved ON TIME. They asure me that it's taken care of.

I'm reading the paper-- & I see that they have scheduled a sale of my home for default. No info from them- When were they going to inform me? Many calls to them have resulted in no information. They tell me that we have not defaulted. Yet- the sale date is there in black & white.

I'm fed up & try to refinance. Only to find out that they have totally trashed my credit by reporting that we are ALWAYS 30 plus days late & that they have started forclosure procedings 6 times in the last 2 years (news to me!)

Turns out that they have charged me over $900.00 each time they "started" foreclosure procedings The insurance they MADE me have is almost $300.00 a month (triple of what I used to pay)

I have paid them over $45,000 in the last 3 years (on a $60,000 loan) & that even though I have made double payments- the payoff amount has gone up.

Now I know I can stop the foreclosure procedings (give them more money) but it's apparent that even when payments are western unioned to them 2 weeks early- that they will continue to mark me as paying late & with all these fee's- I will never get out from under them. I can't refinance- as they have ruined my credit (like for LIFE)

I have talked to a couple of lawyers- they all suggest Bankruotcy---yet I make enough to keep myself clear except for their fraudulent practices. It's NOT fair that I should have to declare BK.

I am not the only one with complaints against this company. There are hundreds of us--- & all seem to be caught in the same deal. This company is KNOWN for this kind of treatment. They don't give up until they get ALL your money or your home---or BOTH. From the first moment- they are out to ruin you- your credit & then steal your home.

Any suggestions?

[MortgageGuru]

Open the phone book and start calling every Attorney in there. Find one with experience with the mortgage industry and sue both lenders.

[nextwife]

Also call your state's Consumer Protection office. There are STATE laws that must be followed if the property is within their state, regardless of where the servicer may be. I have seen a number of dcircumstances of services either ignorant of laws they should know, or pretending it didn't apply to them. Example: when our state required the legal desrcription on all releases and servicers kept sending in unrecordable releases that left out the legal description. Or not recording mortgage assigments and expecting closers to be comfortable just sending $300,000 to them on their say so that they bought the loan. You DO need an attorney, but your state regulators also need to know if servicers are acting improperly.

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[Roselady]

Thanks. I tried the deal of calling attorney's. I got the feeling that most didn't want to bother with me, nothing could be done or they weren't their salt. To just file BK baisically is saying that I am at fault. I am not. Besides- from my understanding filing BK doesn't stop the procedings. Just prolongs them. I am not trying to find a prolonged problem--but a SOLUTION.

What questions do I ask to find a lawyer who knows his stuff?? Or is trustworthy? I don't want somebody who seems to want to sit on it. I've had that problem before.