Should I sue my mortgage company? (their underhanded BS).

[mikeofaustin]

I've been paying my mortgage automatically for as long as I can remember. One day I get a Fed-Ex telling me I'm being foreclosed upon for default of payment for over 3 months, unless I can provide immediate and full payment, or work something out in addition to fee's, etc. I call them to say their's obviously an error on their part. They have me prove my story that I've been paying by faxing my bank statements to them. They then say "Oh, were sorry. It turns out, we changed your account number. It show here that we mailed you a letter, but that letter got returned to us for whatever reason. We're very sorry. We have your money in the old account and we'll place it in the new account. We'll take care of everything".

So, a few months later, I'm doing my taxes and find an 'extra' fee from them ($105). I call them up again and they tell me it's for being in default on my account. I tell them "NO, this has been straightened out". They then tell me, that it's my responsibility to keep up with my account number and they refuse to remove the fee.

What would you do?

edit: mortgage co is "Homecomings financial".

 

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[Cynangyl]

call them every hour and ask if they changed your account number til they change their mind?? lol That would be frustrating as all get out! I have a friend that had his truck repossessed over something very similar. I am not sure what the answer is but I would sure be letting them know pretty loudly that I refused to pay for their mistake. Good luck!!

 

[mastereagle22]

Notify them in writing that you are filing a complaint with the State's Attorney General's Office of the State they are in. Might not accomplish anything but then again it might. Also tell them your notifying the BBB.

 

[ClonedSIM]

Notify them in writing that you are filing a complaint with the State's Attorney General's Office of the State they are in. Might not accomplish anything but then again it might. Also tell them your notifying the BBB.

What he said.

 

[mikeofaustin]

All good ideas... However, at the risk of being called a "Your what's wrong with this country"... let me tell you that my friend (the Realtor that got me into the house) and I were talking. I told him the story - assuming he knows a little more about how mortgage companies work than I do, stopped me in mid sentence and said, "They can't do that. Here, call this attorney. He's good. And it's called 'punitive damages' ".

Considering they're being very arrogant about the whole matter, and simply won't budge over a measly $105... Perhaps they need some teeth marks is their hind quarters. If they make me go to court for $105. Perhaps I might as well make them remember that the customer is always right.

 

[Cynangyl]

Perhaps contact from the lawyer would get their attention and they would not press it to the point of going to court. I sure hope to hear that things work in your favor. Good luck

 

[mikeofaustin]

Oh geez... I just did some googling and it turns out these people are notorious for bad business. They've recently lost a $90 million lawsuit, and are in another class action one right now, just a month later.

 

[stefen]

What has happened is common internal 'FUBAR' accounting.

And as annoying as it may be, and for such a low amount, I would draft a letter stating the facts step by step, and include a copy of all return correspondence, and request clearing that account within a 30 day period.

Close by stating that if the account is not rectified on or before the 30 day period, that you will file a 'Small Claims' for the $105 plus court filing and Marshal processing fees. That's all the court will permit...no money for a chipped nail while writing you complaint, cost for aspirins, or punitive damages...

Write the letter in a professional and calm business manner and 'Do Not Use' threats or other derogatory terms.

If your really pissed and you can't get satisfaction...apply to the Judge Judy show...just for $hits and grins.

On the bright side, just look at the entertainment value you can get for $105 bucks.

 

[mikeofaustin]

Yes, that was one of my first two thoughts... Get a lower APR loan elsewhere to pay them off (and call them to tell them they'll lose more than $105 in interest, if they don't remove the charge, then get another loan after they comply).

 

[mikeofaustin]

That's all the court will permit...no money for a chipped nail while writing you complaint, cost for aspirins, or punitive damages...

Yep, your probably right. But, I'll at least investigate the possibility.

 

[Gypsy Heart]

I would call them and tell them you are moving your loan to another company....but I would first check my credit report....if they sent you a notice that you were in default,then this definitely will be on your credit report....make sure you have someone do a trimerge credit report...pulling the three major credit bureaus.....After 30 days late on a mortgage they will report it....if they didn't ...that would be a miracle.....a mortgage late on your credit report is one of the worse things you can do to your credit score....and when and if you want to refinance...thats the first thing a new company will look at.....So make sure they did not put it on there....let me know what you find out...I was a mortgage banker for the past ten years....

 

[gametalman52]

Follow Mastereagle's advice. Certified letter to Attorney General and carbon copy to mortgage company. Have done this on insurance co. It works. Do not let them win! Don't take it personal, make it a game.

 

[Ray S ECenFL]

Letter to A. General would be my first choice as well as complaint to BBB.

An attorney would be my last resort. You would be better off in small claims court.

Ray S

 

[EDDE]

mail them the keys and a bag of charcoal

 

[Gypsy Heart]

Homecomings Financial is owned by GMAC Mortgage Company
Report them


If you believe you have been the victim of mortgage fraud, your Secretary of State's office immediately!!!

STATE LIST OF SECRETARY OF STATES

Alabama Secretary of State, 334-242-7200
Alaska Secretary of State, 907-465-2530
Arizona Secretary of State, 602-542-3230
Arkansas Secretary of State, 501-682-1010
California Secretary of State, 916-653-3795
Colorado Secretary of State, 303-894-2251
Connecticut Secretary of State, 203-566-3216
Delaware Secretary of State302-739-4111
District of Columbia Secretary of State, 202-727-7278
Florida Secretary of State, 904-488-9000
Georgia Secretary of State, 404-656-2817
Guam Government Site
Hawaii Secretary of State, 808-586-2727
Idaho Secretary of State, 208-334-2300
Illinois Secretary of State, 217-782-7880
Indiana Secretary of State, 317-232-6576
Iowa Secretary of State, 515-281-5204
Kansas Secretary of State, 913-296-2236
Kentucky Secretary of State, 502-564-2848
Louisiana Secretary of State, 504-925-4704
Maine Secretary of State, 207-287-3676
Maryland Secretary of State, 410-225-1330
Massachusetts Secretary of State, 617-727-9640
Michigan Secretary of State, 517-334-6206
Minnesota Secretary of State, 612-296-2803
Mississippi Secretary of State, 601-359-1333
Missouri Secretary of State, 314-751-1310
Montana Secretary of State, 406-444-3665
Nebraska Secretary of State, 402-471-4079
Nevada Secretary of State, 702-687-5203
New Hampshire Secretary of State
New Jersey Secretary of State, 603-271-3244
New Mexico Secretary of State, 609-530-6400
New York Secretary of State, 505-827-4508
North Carolina Secretary of State, 919-733-4201
North Dakota Secretary of State, 701-328-4284
Ohio Secretary of State, 614-466-3910
Oklahoma Secretary of State, 405-521-3911
Oregon Secretary of State, 503-986-2200
Pennsylvania Secretary of State, 717-787-1057
Puerto Rico Secretary of State, 787-722-2121
Rhode Island Secretary of State, 401-277-2357
South Carolina Secretary of State, 803-734-2158
South Dakota Secretary of State, 605-773-4845
Tennessee Secretary of State615-741-2286
Texas Secretary of State, 512-463-5555
Utah Secretary of State, 801-530-4849
Vermont Secretary of State, 802-828-2386
Virgin Islands Secretary of State, 340-776-8515
Virginia Secretary of State, 804-371-9141
Washington Secretary of State, 360-753-7115
West Virginia Secretary of State, 304-558-8000
Wisconsin Secretary of State, 608-266-3590
Wyoming Secretary of State, 307-777-7311
__________________

 

[emtrescue]

Rip Off Report for Homecomings Financial.....


http://www.ripoffreport.com/searchr...pe=0&submit2=Search!&q5=Homecomings+Financial


*EDIT*

Oh and before you think you'll get somewhere with the Better Business Bureau....

http://www.ripoffreport.com/reports/0/001/ripoff0001343.htm

 

[mikeofaustin]

I would call them and tell them you are moving your loan to another company....but I would first check my credit report....

That's another thing that's screwed up. I learned that two "work orders" were created by them. One that sent a letter to the three credit agencies to "correct" what they wrongly reported, and another work order to remove any charges associated with being in default. The first one went through, but the second one didnt. So, its a double standard... either I'm in default or not. In either case, both work orders should have either gone through or not.

 

[Gypsy Heart]

I would call them and tell them you are moving your loan to another company....but I would first check my credit report....

That's another thing that's screwed up. I learned that two "work orders" were created by them. One that sent a letter to the three credit agencies to "correct" what they wrongly reported, and another work order to remove any charges associated with being in default. The first one went through, but the second one didnt. So, its a double standard... either I'm in default or not. In either case, both work orders should have either gone through or not.

Tell them that you want copies of those work orders sent to you...and then you make copies and send them to each of the credit bureaus....and that you want any derogatory information removed immediately.....

 

[Gypsy Heart]

Credit Reporting Bureaus



Equifax: 800-525-6285 http://www.equifax.com/home/

Experian: 888-397-3742 http://www.experian.com/

TransUnion: 800-680-7289 http://www.transunion.com/

 

[bluecat]

I recently had a similar experience with GMAC. I bought my house a couple years ago and since I travel for work quite often I signed up for the automatic bill pay. I didn't receive my tax statement for my mortgage this spring so I got online and saw that I had missed a payment somehow. My very first payment was never deducted from my bank account. I never noticed it not coming out due to all of my moving expenses and missed bank statements during my move. It is amazing that in 2 years I never received a phone call or a letter in the mail and the late charges just kept accumulating. I guess that I got lucky though. I called them and made the missed payment and they waived all of the late charges. I had to write a letter and send it in to get the negative information removed from my credit report. Now I have to wait a couple of months and get my credit reports to ensure that the negative info was removed.
That will start a new fiasco. Sign up for freecreditreport.com and just try getting them to quit charging your credit card. They give you a toll free number to call and when you call it they direct you back to the internet. The last time I had to close an account to make them quit charging me. Some FREE credit report!!!!!!!