We Have your payments, but we're taking your home anyways....8 MONTHS LATER
This sounds just like something Everhome Mortgage Company is also trying to do... Are mortgage companies trying to take houses that have a lot of equity by setting people up to fail from the start?
This lady received a letter from Everhome on November 18, 2009, letting her know that she should make arrangements to go on a temporary 6-month Forbearance Agreement when her mortgage transfers to Everhome at the beginning of the year to defer her payments, because her mortgage will go up about $400. when her taxes are escrowed into the new mortgage.
She was informed by Everhome that she should complete President Obama's Making Home Affordability Modification program for a permanent solution to this high increase. She received the MHA application on April 12th completed the application, compiled all the needed attachments and faxed back the complete package on April 15, 2010 to Everhome. She was informed that the process only takes about sixty (60) days before she should be pre-approved.
She made all her Forbearance payments on time as well as included ($3.00) extra each month to go toward paying back the Forbearance Program.
On May 14, 2010, she received a voice-mail asking her to call Everhome Mortgage. She was told that attachments were missing from the packet she faxed and she needed to resend the 4506-T Form, 2009 Taxes, and divorce papers again.
On May 26, 2010, she received a phone call from Everhome asking her to resend the 4506-T Form, 2009 Taxes and divorce papers once again.
On June 28, 2010, she asked for a Everhome supervisors contact name and number. She was given the name Rachad and his fax number only. She sent him a request to find all her missing personal and confidential documents that she had sent over and over again the past 60 days (during this time she should be pre-approved by now). Rachad had got back to her and stated that the 1st attachments were ‘shredded' accidently before they were sent to underwriting. Then the 2nd set of attachments can not be accounted for but they are in the building somewhere so they are still secure. (Unorganized)
On June 29, 2010, she contact Rachad again, reminding him that the 1st application was completed on April 15, 2010, and that she was told this was a 60 day process, and during the time she participate in the Forbearance program (January-June) Everhome is not suppose to be reporting any negative remarks on her credit. However, they had recorded that she was "60 days late" which was not true. She contacted Rachard to have him correct the comment to reflect "Paid As Agreed" as she has not missed any payments. She has not heard back from him and to date he has only fixed one month of negative remarks on her credit.
She received a notice from Everhome dated July 14, 2010, asking for another ‘application' to be filled out, 2 recent bank statements and 2 recent pay stubs. She sent a fax to Rachad asking him; "How many different people are working on my case? How many times am I suppose to re-apply for this program - 3 months after I have already applied and they lose my 1st application? What is going on with my case?"
On July 14, 2010, she received a call from Everhome telling her she's finally 'pre-approved' for the program but they need a copy of her home insurance declaration. The only thing they're waiting for now is to hear from the Escrow Department to find out what the exact amount of her payment will be for the Augusts mortgage payment.
On July 14, 2010, she faxed 2 bank statements and 2 paystubs to Everhome along with a note that says; "I've already been pre-approved for the program - Can you please tell me why is so many different people handling my case?"
On July 29, 2010, She receive a letter from Everhome asking for 2 bank statements and 2 pay stubs. She sent the same fax as above.
On July 31, 2010, She faxed Raschad asking; What's going on with my case?' I am a single, white, hardworking female and this Making Home Affordability Modification program was made for someone like me - yet I can't seem to get into the your program, instead I just received a DEFAULT notice dated July 16th - 2 days after I was pre-approved by the same company! What is going on with Everhome?"
She called Everhome on July 22 to find out what the new mortgage amount is for her August 1st payment. She was told they still doesn't know because they're waiting to hear from the Escrow Department but they'll will call her as soon as they finds out.
August 4th she receives a phone call from Everhome letting her know her know the mortgage amount for August 1st will be - unfortunately it's four (4) days after her mortgage was due! Thankfully she knew better than to wait for Everhome to call her and did an e-payment on July 29th of the same amount that she had been paying January-July. Atleast it was something toward her August mortgage payment.
August 9th she received an agreement from Everhome's Solution Group (Dated August 4, 2010) it says the agreement is only a ‘Trial Period Plan' but the agreement says that if she wants to accept it she must return it "no later than AUGUST 1, 2010 - the agreement is dated August 4, 2010 and the postmark on the envelope from Jacksonville Florida is August 5, 2010. So they typed the Plan up knowing it couldn't be accepted: 1. It can't be sent back by the deadline date when it wasn't typed until three (3) days later. 2. They state that they will waive all unpaid late charges if you do not have any past due amounts yet they withhold the amount you need to pay them until four (4) days after it's due - so you don't even know how much to pay!
She owes approximately $67,000. on her house (which is valued at approximately $225,000. in this market).
So I write this post at the end of last year. We Received Your Payments On Time but are Foreclosing Anyway!
It was one of the better posts that I've written in that it was featured and I had a ton of comments on it. The basic gist of the post was that:
I had some clients,
who were put in a mortgage,
who made payments on time,
The bank acknowledged receipt of the payments in a timely fashion
but they were foreclosing on the clients anyway!
So what was the reason for the foreclosure? Because first the bank said
that the client didn't make their payments on time. After spending over 6 hours on hold with 3 different times being disconnected by people with phony names (If I hear the name "Crystal" one more time I'm gonna get my singles out and go to the local strip club to look her up). We called Crystal at extension ____ back and that extension never existed, nor did crystal.
The bank said "prove that you've made all the payments on time." I get all of the cancelled checks that the bank had cashed for the borrower and send it to them three different times over a six week period. In the meantime the bank says that they're proceeding with the foreclosure.
Finally someone at the bank says, we acknowledge that you paid us and you paid us on time, but we don't know where the money is.
HUH????? SAY WHAT????
The bank says they got the money, but since they can't track it in their internal systems, they're proceeding with the foreclosure.
WOW!!! BALLSY IF YOU ASK ME!
CAN YOU SAY "CLASS ACTION?"
So now what? I've had my clients hire a great attorney. The attorney pushes back on big bank, but big bank relents. Big bank says, Oh yeah....we screwed up.
OUR BAD!!!! WE'RE DROPPING FORECLOSURE PROCEEDINGS.....
HOWEVER......
I get a call about 4 weeks later stating that Big Bank has started again. We've gone through the entire process of showing them again that borrowers had made every payment and that we can prove it. In the meantime, customer service says that things are OK. They give us the number of the rep that says that once again, the clients are clear. She gives us her "direct line." However, when we call the "direct line" of customer service, it recognizes the social security number. In their system, the social security number shows that the borrower is in foreclosure and REDIRECTS us to the general customer service number and we're back to another 50 minute hold. Of course.....the rep does not exist and the new person has no clue of what we've been through and that we've shown all the proof of payments, etc.
Next thing you know is that the borrower is in the "foreclosure" line of Big Bank telephone system and we can't get through to anyone of any substance. No one knows what's gone on, what's been proven, anything!!!!
FURTHER,
The bank is now rejecting their payments because in their system it shows that the borrowers haven't paid on time. Are you kidding me?
At this point, it looks like it's a gold mine for the borrowers (who now have ruined credit because of the bank) since they'll win their suit slam dunk, but the pain and suffering have been ridiculous. As of now, we're just waiting for our day in court.
It's a shame!!!!!
Larry Bettag - Regional Vice President, Midwest Region
Illinois FHA Specialist
630-417-7172
An Illinois Residential Mortgage Licensee
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