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Mortgage Problem


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Posted by Jo (67.37.80.3) on July 14, 2002 at 21:54:16:

A while ago I wrote about the error my mortgage company supposedly made (according to my mortgage representative) on my account. Before the correction hit the computer, the powers-that-be there destroyed the payment I made over the phone. (I had a confirmation number.) I did not find out about this until I called to make my next month's payment at which time my rep informed me what had happened. I went around and around with them to no avail and eventually wrote to my state attorney general for assistance.

During this time I did not make payments - why when they do not accept them. TWO DAYS before the deadline given to them for response by the attorney general, I got a note taped to my door saying someone wanted to deliver legal papers to me. On THE VERY DAY of the deadline the attorney general called the mortgage company because I was so upset and they talked to someone in the corporate office (different state from the customer service dept.) and they told me that the individual in the corporate office was so concerned about the fact that I did not receive good service from them that they were working on my situation right then and there. (Right! He had already been sent the AG letter four weeks before!) He assured them that if it was indeed their error they would do everything they could to correct it.

While all this was going on I talked to an attorney who tried to call this same man in the corporate office. He got shuffled around and ended up back in the collections department which is the same office where my mortgage rep is. The individual he spoke with told him they could see no error on their part but they were willing to work with me to stop proceedings and bring the account current. It was suggested that I pay the past due payments and they would tag on the legal costs and other costs they incurred (About $1500) to the end of the mortgage. They would also then bring my account current on my credit report.

Obviously, I want this nightmare to be over with BUT what about the error they made? They cannot deny surely that they tore up the payment authorization. What happened to principal here? What about an explanation for the amount in question - i.e. the error they made?

I did get an attorney about two months ago but he gave me what seems to be very bad advice, so I am told and so I did not continue with him. This is a different attorney I talked to last week.

Not sure what to do here. What happened to consumer rights? It appears if I continue to challenge this they can foreclose on my home before the situation is resolved - even if it is their fault!


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