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Kiljoi

Junior Member
What is the name of your state? PA

I have been having problems with my mortgage for the last 6 years.

I was injured on my job and was placed on Workers Compensation. I was subsequently fired and won my job back.

I was behind in my mortgage payments when I was fired and was given the opportunity to make up the payments, which I did. To my knowledge I was current with my account.

I received a computer generated letter that stating I missed a payment and that I should contact their office. I contacted their office and was told that I had missed 2 payments for June/July. I knew the payments had been made because of the information I had received during a prior telephone conversation, and sent in a copy of the receipts for the payments.

I wrote the mortgage company and, received no response from the mortgage company, but still continued to receive late notices.

I have been writing the mortgage company since my last telephone call to them, and that was approximately 6 years ago. I told the representative that I had written them a letter that contained copies of the receipts.

I was told on the telephone by one of their representatives that "We only handle our business on the phone or by fax not in writing!" I asked the representative to repeat her statement and was told the same thing word for word.

The representative then threatened me with foreclosure, the sale of my personal property and jail time for not fulfilling my financial obligations with their company. I decided from that date on, I would only deal with them in writing and not on the telephone.

I have been writing this mortgage company for 6 years and had not received a response from them.

A few months ago, my mortgage was sold to another mortgage company. I received a notice stating that I had missed a payment and they wanted me to call their office to discuss the matter.

I telephoned the new mortgage company and explained in great detail to no less than 8 people, my problems with the original mortgage company. I was told that they only had partial records and would have to request the information from the original mortgage company.

It took several months to get a reply and the reply only contained the partial information the new mortgage company had when my files were transferred to them.

As far as I could tell from the partial records I was to date in my payments and when I again telephoned the new mortgage company, I was informed that they were only acting on the information they received from the original company. I was informed of the months I was alleged to have missed. I stated I had copies of the receipts and was told to send them to the correspondence office.

I sent the copies to the correspondence office and never received a confirmation the information was received. I again telephoned their office and was told there was no record of this correspondence. I was placed on hold while the person read the record further. Somehow we were disconnected and I again telephoned them and spoke to a different person.

This went on for days and I was not getting the information I needed to be able to defend my position that the payments were made. I later found that the payments were applied to the months it was alleged that I missed and late charges have been applied to each and every month since I was still behind in my payments.

Out of total frustration with the new mortgage company I filed a complaint with the FTC and the Attorney Generals Office.

The investigator has managed to get the new mortgage company to respond and send me copies of their alleged investigation. Now it is alleged that I have missed 5 mortgage payments not 2. However, they still have not been able to determine which month including the year I have been alleged to have missed the payments.

In my own opinion, I do not think either mortgage company is able to determine the exact month or year the payments are alleged to have been missed.

I have received 2 letters of Intent to Foreclose on my property and telephoned the new mortgage company to see what could be done to stop the foreclosure because the original mortgage companies records were being disputed.

I was told there was nothing that could be done and that the foreclosure would proceed regardless of the fact that I am attempting to straighten out the situation.

Do I have any protection from the foreclosure since I filed a complaint with the FTC and Attorney General's Office?

If the mortgage company is unable to determine exactly which payments have been missed, can I still be forced to make up the payments?

Would I get in trouble if I move, fix up the house a bit and try to sell it before the foreclosure?

Do you have any suggestions on what I should be doing next? Any information would be greatly appreciated.

Thanks
 
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HomeGuru

Senior Member
Kiljoi said:
What is the name of your state? PA

I have been having problems with my mortgage for the last 6 years.

I was injured on my job and was placed on Workers Compensation. I was subsequently fired and won my job back.

I was behind in my mortgage payments when I was fired and was given the opportunity to make up the payments, which I did. To my knowledge I was current with my account.

I received a computer generated letter that stating I missed a payment and that I should contact their office. I contacted their office and was told that I had missed 2 payments for June/July. I knew the payments had been made because of the information I had received during a prior telephone conversation, and sent in a copy of the receipts for the payments.

I wrote the mortgage company and, received no response from the mortgage company, but still continued to receive late notices.

I have been writing the mortgage company since my last telephone call to them, and that was approximately 6 years ago. I told the representative that I had written them a letter that contained copies of the receipts.

I was told on the telephone by one of their representatives that "We only handle our business on the phone or by fax not in writing!" I asked the representative to repeat her statement and was told the same thing word for word.

The representative then threatened me with foreclosure, the sale of my personal property and jail time for not fulfilling my financial obligations with their company. I decided from that date on, I would only deal with them in writing and not on the telephone.

I have been writing this mortgage company for 6 years and had not received a response from them.

A few months ago, my mortgage was sold to another mortgage company. I received a notice stating that I had missed a payment and they wanted me to call their office to discuss the matter.

I telephoned the new mortgage company and explained in great detail to no less than 8 people, my problems with the original mortgage company. I was told that they only had partial records and would have to request the information from the original mortgage company.

It took several months to get a reply and the reply only contained the partial information the new mortgage company had when my files were transferred to them.

As far as I could tell from the partial records I was to date in my payments and when I again telephoned the new mortgage company, I was informed that they were only acting on the information they received from the original company. I was informed of the months I was alleged to have missed. I stated I had copies of the receipts and was told to send them to the correspondence office.

I sent the copies to the correspondence office and never received a confirmation the information was received. I again telephoned their office and was told there was no record of this correspondence. I was placed on hold while the person read the record further. Somehow we were disconnected and I again telephoned them and spoke to a different person.

This went on for days and I was not getting the information I needed to be able to defend my position that the payments were made. I later found that the payments were applied to the months it was alleged that I missed and late charges have been applied to each and every month since I was still behind in my payments.

Out of total frustration with the new mortgage company I filed a complaint with the FTC and the Attorney Generals Office.

The investigator has managed to get the new mortgage company to respond and send me copies of their alleged investigation. Now it is alleged that I have missed 5 mortgage payments not 2. However, they still have not been able to determine which month including the year I have been alleged to have missed the payments.

In my own opinion, I do not think either mortgage company is able to determine the exact month or year the payments are alleged to have been missed.

I have received 2 letters of Intent to Foreclose on my property and telephoned the new mortgage company to see what could be done to stop the foreclosure because the original mortgage companies records were being disputed.

I was told there was nothing that could be done and that the foreclosure would proceed regardless of the fact that I am attempting to straighten out the situation.

I packed my belongings and have partially moved from this house, because I know a notice of eviction is going to be coming soon. I would rather sell the house for less than it's worth just to pay the mortgage off and walk away with nothing rather than have the house foreclosed on.

Do I have any protection from the foreclosure since I filed a complaint with the FTC and Attorney General's Office?

If the mortgage company is unable to determine exactly which payments have been missed, can I still be forced to make up the payments?

Do you have any suggestions on what I should be doing next? Any information would be greatly appreciated.

Thanks

**A: pay up what they are asking you to pay, then worry about settlement later. Take my word, the government works slow and your home could be foreclosed upon before any statement is issued by the FTC or AG offices.
 
Also, start digging in your old bank statements and build your evidence of your pay history on the mortgage. Call the bank and see if you can get copies of all the old cancelled chaecks and leave no amount of time open. Once you have the full pay history and can show EVERY month where your mortgage payment was made, contact the mortgage company and let them know you have full documentation of the matter and that if your credit report pay history, the current balance, and their records are not updated within 30 days you will sue them. Submit the demand in writing certified mail and by fax. Also, you should be able to contact one of their retail loan officers and get a name and number to contact.
 

Kiljoi

Junior Member
Pennsylvania

Thanks for the information.

I have tried to get copies of the cancelled checks, and am waiting for those copies.

I have also found some double payments that were made to the mortgage company but not listed anywhere on my payment history.

I have sent them the copies and in response, I have received yet another foreclosure notice, on this notice the dates and payments they allege I have missed are completely different from the other foreclosure notices. The amounts and dates do not add up.

Instead of being 2 months in default they are listing four months, which I know have been paid and have the receipts to prove it.

I have tried talking to these people on the telephone and have a real hard time trying to deal with the nasty tones and remarks of the representatives, each person I talk to has a different take on the situation and no one seems to want to work with me on this.

I am trying really hard to take care of this situation with little or no cooperation from the mortgage problem.

Right now I do not have the money to pay for the alleged 2 missing months and can not come up with it in the immediate future due to IRS payments for last years taxes.
 

HomeGuru

Senior Member
Kiljoi said:
Pennsylvania

Thanks for the information.

I have tried to get copies of the cancelled checks, and am waiting for those copies.

I have also found some double payments that were made to the mortgage company but not listed anywhere on my payment history.

I have sent them the copies and in response, I have received yet another foreclosure notice, on this notice the dates and payments they allege I have missed are completely different from the other foreclosure notices. The amounts and dates do not add up.

Instead of being 2 months in default they are listing four months, which I know have been paid and have the receipts to prove it.

I have tried talking to these people on the telephone and have a real hard time trying to deal with the nasty tones and remarks of the representatives, each person I talk to has a different take on the situation and no one seems to want to work with me on this.

I am trying really hard to take care of this situation with little or no cooperation from the mortgage problem.

Right now I do not have the money to pay for the alleged 2 missing months and can not come up with it in the immediate future due to IRS payments for last years taxes.

**A: have you ever sent them certified rrr letters?
 

Kiljoi

Junior Member
RRR letters? You mean Return Receipt Requested? Yes, I have! And still I get no response.

I know they have received my letters because the representatives have read the file notes to me while on the telephone.

I am currently waiting for a response from a July 2004 letter sent to the mortgage company from the Investigator from the Attorney Generals Office. This letter included the information on the double payments not listed on the payment history, as well as copies of the payment receipts for the months they alleged I have missed.

We received a form letter that stated they would respond within 15 business days when the original 15 day response time lapsed. When the second 15 business day time period lapsed they sent another form letter saying they would respond within 15 days. So far no response has been forwarded.

It is now October and they still have not responded to the Investigators July 2004 letter.
 
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HomeGuru

Senior Member
Kiljoi said:
RRR letters? You mean Return Receipt Requested? Yes, I have! And still I get no response.

I know they have received my letters because the representatives have read the file notes to me while on the telephone.

I am currently waiting for a response from a July 2004 letter sent to the mortgage company from the Investigator from the Attorney Generals Office. This letter included the information on the double payments not listed on the payment history, as well as copies of the payment receipts for the months they alleged I have missed.

We received a form letter that stated they would respond within 15 business days when the original 15 day response time lapsed. When the second 15 business day time period lapsed they sent another form letter saying they would respond within 15 days. So far no response has been forwarded.

It is now October and they still have not responded to the Investigators July 2004 letter.

**A: you can hire an attorney and file a complaint in State or Federal court as applicable.
 
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Kiljoi

Junior Member
Homeguru.. I did as you said. September 20, 2004, I paid what they said I owed.

I just got served with the foreclosure papers anyway.

I read the foreclosure papers and noticed the mortgage company states I have not made any payments since May 2004. This is not true. I have the receipts to prove it.

I checked to see if the other payments for June through August 2004 were accepted and they were.

I called the sending agency and was told the September 20, 2004 payment was returned for insufficient funds and can be picked up at the store they were sent from. *scratchin head*

I noticed something else on the foreclosure papers. They were signed by an individual representing the lawyers on September 28, 2004 and were filed at the Prothonotary's Office on September 29, 2004. The mortgage company returned the payment on September 30, 2004 some 10 days after the payment was sent.

Can they do this?
 

HomeGuru

Senior Member
Kiljoi said:
Homeguru.. I did as you said. September 20, 2004, I paid what they said I owed.

I just got served with the foreclosure papers anyway.

I read the foreclosure papers and noticed the mortgage company states I have not made any payments since May 2004. This is not true. I have the receipts to prove it.

I checked to see if the other payments for June through August 2004 were accepted and they were.

I called the sending agency and was told the September 20, 2004 payment was returned for insufficient funds and can be picked up at the store they were sent from. *scratchin head*

I noticed something else on the foreclosure papers. They were signed by an individual representing the lawyers on September 28, 2004 and were filed at the Prothonotary's Office on September 29, 2004. The mortgage company returned the payment on September 30, 2004 some 10 days after the payment was sent.

Can they do this?

**A: yes, they can do that. They did right? So now you need to stop fooling around and hire an attorney.
 

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