What is the name of your state (only U.S. law)? Texas
My mortgage was accelerated and foreclosure proceedings filed by the mortgage co./bank...due to their posting errors. . They prematurely accelerated my loan based on false and inaccuarate information. It took me until 7/30/08 to get it all straight and the posting errors corrected. The mortgage co./bank has not offered a resolution at this point. Yesterday, I received a certified letter from an attorney indicating that my home was going to be auctioned off on Sept. 2nd.
My story is below. I need a response ASAP, please.
Since June 2008 I have been trying to make a payment on my mortgage but they have had a "BLOCK" on the account and would not accept funds. My mortgage co. said I was currently in forclosure and I was in default as of June 17th and that acceleration of my mortgage took place on that date. I was told that once the mortgage is accelerated that a "BLOCK" was placed on the account and that "NO" payments would be accepted. MY RECORDS DISPUTED THEIR CLAIM THAT I WAS IN DEFAULT.
Since June 17th, 2008, I called my mortgage company twice or more daily, sent at least 13 letters. Not one person ever responded or addressed the issues in my correspondence. Everytime I called I spoke with a different person and received conflicting information. Their records showed over $1,100 in a suspense account and indicated I was in default. My records indicated that I was not in default and no money should be in a suspense account. Every time I called they demanded payment and told me I owed a ridiculous amount. I continued disputing it.
Finally on July 26th, I went to a branch facility. I spoke with the V-P. I had all of my records. I explained & informed him that they (the mortgage co.) had misapplied funds received in April. In April I made a cash payment in the exact amount of (2) payments and at the time of the transaction I specified that that was how the funds were to be applied. On 7/29/08, the V-P notified me that a mortgage specialist had agreed to review my payment history and would let me know what, if anything, would be done regarding the funds in question.
On 7/30/08 I received a call from the V-P indicating they had reapplied the funds to correct the posting error and suggested I call X number. I called immediately and explained, and was transferred...this happened 3 times. Frustrated I hung up and called the next day.
On 7/31/08, I called and asked for a supervisor. They would not let me speak with one. I explained my version. The Cust.Svc. guy informed me that my mortgage was currently in forclosure and I was in default as of June 17th and that acceleration of my mortgage took place on that date. He informed me that once the mortgage is accelerated that a "BLOCK" was placed on the account and that "NO" payments would be accepted. I informed him that that was not correct and that they had "prematurely accellerated my mortgage based on false and inaccurate information as a direct result of their posting errors and further denied accpetance of my payments". He said, "lets review your payment history". I said "OK lets do it". He verified that he saw January, February and March payments and then said so you were delinquent April, May, June, July (because this is now July). I asked, "what about my payment made on May 30th don't you see that?" He verfied that he saw that. I quickly said, "okay so that would be my April payment because you just verified you had Jan, Feb, March and now the payment made in May is applied to my April payment. So as of June 17th I only owed for May and June". If I only owed for May and June then why was my mortgage accelerated? Why is my house in forclosure? Why wouldn't you (the mortgage co.) accept my payments over the last month and a half? He said, "well now you have attorney fees assesed and you are liable for those". I informed him that the State of Texas forclosure proceedings can only start after 3 months delinquency and you just verified that I only owed for May and June as of June 17th and that the acceleration occured on June 17th. You just verified that so essentially you "prematurely accellerated my mortgage based on false and inaccurate information as a direct result of posting errors and further denied accpetance of my payments." I assured him that I would not be liable for any attorney fees due to their posting errors. He immediately put me on hold for approximately 10 minutes.
When he returned he informed me that I needed to speak with a supervisor. I asked him if we could just verifiy all the information because I wanted to make certain I had written it down right. I "interviewed" him and went through the verification process on every aspect that we had covered and thanked him for verification of all that because I wanted to make certain I had the entire conversation recorded for verification purposes. The guy immediately stated that he did not give his authorization to record the call and I told him that there was a recording prior to him coming on the call that "this call might be recorded for quality purposes" and that he was aware just as I was. He told me it was company policy to immediately terminate a call that is being recorded and for me to call back when I wasn't recording the call. I asked so it's okay for you to record me but I can't record you and that's company policy. He hung up on me.
Within 15 minutes I had someone from the mortgage co./bank call and inform me that I was no longer going to be dealing with the department I had been speaking with and asked that I call "X" number immediately and that they would be handling my mortgage from now on. I called that number and spoke with a very nice gentleman. I assumed that this man had been informed of the situation because I didn't have to explain much. He told me that my account would be reviewed and he would get back with me. On Aug. 1, 2008, this same man called and said it was a pleasure speaking with me the prior day and that he expected a resolution by Monday, 8/4/08.
Today I received a certified letter from an attorney indicating that my home was going to be auctioned off on Sept. 2nd.
What kind of recourse do I have at this point? The mortgage company has denied acceptance of my payment since June 25th and because they would not accept payments due to their posting errors and my mortgage was accelerated based on false and inaccurate information due to posting errors...now that the posting errors were corrected on July 30th and since they wouldn't accept payment, it does put my mortgage in default as of July 16th and now I really am 3-months past due. What kind of resolution should the bank be willing to offer due to their posting errors and the fact that I really wasn't in default at the time in which they said I was? Any suggestions or recommendations as to how to proceed at this point would be appreciated. Am I going to be liable for legal fees accessed to my mortgage? I am a single Mom and don't have funds to obtain counsel. I do have the money to pay (1) payment and then next week I would be able to make another. What would you recommend?
Thanks in advance!
My mortgage was accelerated and foreclosure proceedings filed by the mortgage co./bank...due to their posting errors. . They prematurely accelerated my loan based on false and inaccuarate information. It took me until 7/30/08 to get it all straight and the posting errors corrected. The mortgage co./bank has not offered a resolution at this point. Yesterday, I received a certified letter from an attorney indicating that my home was going to be auctioned off on Sept. 2nd.
My story is below. I need a response ASAP, please.
Since June 2008 I have been trying to make a payment on my mortgage but they have had a "BLOCK" on the account and would not accept funds. My mortgage co. said I was currently in forclosure and I was in default as of June 17th and that acceleration of my mortgage took place on that date. I was told that once the mortgage is accelerated that a "BLOCK" was placed on the account and that "NO" payments would be accepted. MY RECORDS DISPUTED THEIR CLAIM THAT I WAS IN DEFAULT.
Since June 17th, 2008, I called my mortgage company twice or more daily, sent at least 13 letters. Not one person ever responded or addressed the issues in my correspondence. Everytime I called I spoke with a different person and received conflicting information. Their records showed over $1,100 in a suspense account and indicated I was in default. My records indicated that I was not in default and no money should be in a suspense account. Every time I called they demanded payment and told me I owed a ridiculous amount. I continued disputing it.
Finally on July 26th, I went to a branch facility. I spoke with the V-P. I had all of my records. I explained & informed him that they (the mortgage co.) had misapplied funds received in April. In April I made a cash payment in the exact amount of (2) payments and at the time of the transaction I specified that that was how the funds were to be applied. On 7/29/08, the V-P notified me that a mortgage specialist had agreed to review my payment history and would let me know what, if anything, would be done regarding the funds in question.
On 7/30/08 I received a call from the V-P indicating they had reapplied the funds to correct the posting error and suggested I call X number. I called immediately and explained, and was transferred...this happened 3 times. Frustrated I hung up and called the next day.
On 7/31/08, I called and asked for a supervisor. They would not let me speak with one. I explained my version. The Cust.Svc. guy informed me that my mortgage was currently in forclosure and I was in default as of June 17th and that acceleration of my mortgage took place on that date. He informed me that once the mortgage is accelerated that a "BLOCK" was placed on the account and that "NO" payments would be accepted. I informed him that that was not correct and that they had "prematurely accellerated my mortgage based on false and inaccurate information as a direct result of their posting errors and further denied accpetance of my payments". He said, "lets review your payment history". I said "OK lets do it". He verified that he saw January, February and March payments and then said so you were delinquent April, May, June, July (because this is now July). I asked, "what about my payment made on May 30th don't you see that?" He verfied that he saw that. I quickly said, "okay so that would be my April payment because you just verified you had Jan, Feb, March and now the payment made in May is applied to my April payment. So as of June 17th I only owed for May and June". If I only owed for May and June then why was my mortgage accelerated? Why is my house in forclosure? Why wouldn't you (the mortgage co.) accept my payments over the last month and a half? He said, "well now you have attorney fees assesed and you are liable for those". I informed him that the State of Texas forclosure proceedings can only start after 3 months delinquency and you just verified that I only owed for May and June as of June 17th and that the acceleration occured on June 17th. You just verified that so essentially you "prematurely accellerated my mortgage based on false and inaccurate information as a direct result of posting errors and further denied accpetance of my payments." I assured him that I would not be liable for any attorney fees due to their posting errors. He immediately put me on hold for approximately 10 minutes.
When he returned he informed me that I needed to speak with a supervisor. I asked him if we could just verifiy all the information because I wanted to make certain I had written it down right. I "interviewed" him and went through the verification process on every aspect that we had covered and thanked him for verification of all that because I wanted to make certain I had the entire conversation recorded for verification purposes. The guy immediately stated that he did not give his authorization to record the call and I told him that there was a recording prior to him coming on the call that "this call might be recorded for quality purposes" and that he was aware just as I was. He told me it was company policy to immediately terminate a call that is being recorded and for me to call back when I wasn't recording the call. I asked so it's okay for you to record me but I can't record you and that's company policy. He hung up on me.
Within 15 minutes I had someone from the mortgage co./bank call and inform me that I was no longer going to be dealing with the department I had been speaking with and asked that I call "X" number immediately and that they would be handling my mortgage from now on. I called that number and spoke with a very nice gentleman. I assumed that this man had been informed of the situation because I didn't have to explain much. He told me that my account would be reviewed and he would get back with me. On Aug. 1, 2008, this same man called and said it was a pleasure speaking with me the prior day and that he expected a resolution by Monday, 8/4/08.
Today I received a certified letter from an attorney indicating that my home was going to be auctioned off on Sept. 2nd.
What kind of recourse do I have at this point? The mortgage company has denied acceptance of my payment since June 25th and because they would not accept payments due to their posting errors and my mortgage was accelerated based on false and inaccurate information due to posting errors...now that the posting errors were corrected on July 30th and since they wouldn't accept payment, it does put my mortgage in default as of July 16th and now I really am 3-months past due. What kind of resolution should the bank be willing to offer due to their posting errors and the fact that I really wasn't in default at the time in which they said I was? Any suggestions or recommendations as to how to proceed at this point would be appreciated. Am I going to be liable for legal fees accessed to my mortgage? I am a single Mom and don't have funds to obtain counsel. I do have the money to pay (1) payment and then next week I would be able to make another. What would you recommend?
Thanks in advance!
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