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bank of america class action, chase class action, gmac class action, ally class action, goldman sachs class action, citi class action, mortgage class action, citimortgage class action, pnc class action, BBT class action, BB&T class action
In 1993 we purchased our house for $44,521.90 we put $14,521.90 down & only financed $30,000 this was done through a local bank.
In 2005 we wanted to get some equity out & our bank does not do equity loans. We were referred to Ameriquest to obtain an equity loan. All paperwork was done over the phone with the Rep. from Ameriquest filling it out.
After running my husbands credit we were told he did not qualify so the rep. asked for my information and ran my credit & said that it barely qualified. I told him I was a stay at home mom with no income except my husband which is self employed. He said he was handling that for us so I am not sure what was actually on the loan application. I do know that the house is in my name now. Every time I questioned him about how he was going to do something or how he could get it financed if I had no income he said “ Don’t worry about that I am taking care of it.” He even at one time told me that I should be grateful that he’s working so hard to get us this loan because we wouldn’t find anyone else that would do it for us.
The rep. called me & informed me he was sending me some checks that were drawn on Texas United Title Escrow Account, that were made payable to the people reporting on my negative credit, he told me to address them and mail them to the appropriate company & then call and request they be removed from my credit. I don’t understand why if he was going to do this he didn’t do it for my husbands credit.
He also obtained an appraisal for $95,000 which is over two times more than the house is worth. I even have a form sent from the servicer stating the value of the house is only $46,500. ( That is actually probably not correct either because it needs maintenance but we have been afraid to do anything until we get this mess straightened out.)
We were scheduled to close in Dallas at the end of September but on September 9th the rep. called me at 11:00a.m. & told me to be in Mineola at 1:30 p.m. for the closing. The title company was going to do a complimentary closing for us, he was faxing the paperwork to them. This closing took all of 15 maybe 20 minutes. They were shoving the papers in front of us & pointing where to sign. I tried to call the Ameriquest Rep. from the title company but he was conveniently in a meeting.
He also said we would have a fixed interest rate. I found out in September 2007 it was only fixed for 2 yrs. Then adjusts every 6 months. Payments started at $595.16 & were going up to $713.24.
We received no paperwork prior to closing, except the checks to make my credit rating better.
In 2007 we got 2 payments behind. Before the 3rd was due I sent in a payment (Western Union Quick Collect) and in about 1 ½ weeks sent another one in. (Quick Collect) several days later I received a letter from Western Union saying I had money waiting to be picked up. They sent the payments back to me. When I called they said they would not accept a payment but only the total past due. Since sending them back a 3rd payment is due. I then receive Order of Foreclosure papers. I called Americquest & they referred me to the home retention dept. & told me they had several repayment options to offer. I contacted the retention dept. and they had 1 plan to offer. We had to come up with $2,500 in 2 weeks and then make payments of $1,091 for 6 months. We Paid the $2,500 down and the 1st payment of $1.091 the second one was a few days late but not only did I send $1,091 but $1,800 which would have left $709 towards the next payment not even due yet. They sent the $1,800 back. I called and they tell me we have to start all over with a new retention plan & come up with another $2.500 down & this time our payment would be $1,300 a month. When I asked where the first $2,500 went I was given the run around. They wanted the total amount due for the past due payments and by the time we got the retention papers set up the loan was 4 payments behind which would be $2,380.64 so the $ 2,500 should have paid past due payments with a little left over but know one can tell me where it went. We were not going to give them $2,500 again and not know where it was going.
So they proceed with foreclosure, sometime during this process the servicer of the loan changed to Citi Residential Lending. I was told at this time the pay off of the house was approximately $74,559.55 plus $1,200 in attorney fees. The foreclosure papers said I had until November 26th to file a written response. I found an email address for someone in their legal department & sent them an email & they emailed me back stating they would have Stephen Gilson contact me from the president’s office of Citi Residential. (citi residential took over for ameriquest after the multi million dollar lawsuit which we did not participate in but looking back should have) Stephen Gilson called me & I explained to him what was happening and he told me he would pull the loan from foreclosure until we could work something out. Feb. 1st I got a letter saying for me to call the home retention department again that a sale was immanent on the property. That was a Friday afternoon. First thing that Monday I called & was told there was nothing I could do it was being sold the next day. Then I am told the pay off was approximately $80,386.81 plus $1,200 in attorney fees. I keep talking to every person I could get on the phone & getting no where. I was told it did not sale & then it did. I have been told the same company bought the loan back. I do not understand a lot of the papers I have received. Somehow Deutsche Bank National Trust is tied into it & Ameriquest. Now also Citi Residential Lending. I emailed and called anyone and every number I could and thought we were going to fix this mess and then the loan was transferred to another mortgage servicer, American Home Mortgage Servicing. I had to start all over with them telling them the situation and trying to get someone to do something with the loan so that we could pay for our home because this whole time since Ameriquest sent back our payments the servicing companies have not accepted any payments. I spoke with numerous reps. And was told they were going to send paperwork to me to do a home loan modification. I did not receive the paperwork so I again called and ask about it & was told that dept. was very backed up and that they would get to me, twice I was told this. So I waited & waited no modification papers.
Now just a few weeks ago on March 24,2011, the constable served my husband, not me, with papers to be in court for a forcible detainer. Court date was set for March 28th. I filed for a continuance and was granted until April 6th. I was not able to find an attorney on such short notice so I prepared my paperwork & my husband & I went to court and no one showed to represent their case neither the attorneys or mortgage company were present at all. The judge ordered the case dismissed.
We have lived in our home for 17 years and before trying to get equity out of our home in 2005 we only owed about 10 more years having it paid for. I have been told that this loan is not even an equity loan. They have us owing $67,875.00 and since the foreclosure started they have taken it upon themselves to pay our house taxes and open an escrow account in my name. We have been to pay our taxes our self but they had already been paid. I never agreed to an escrow account.
I know that a foreclosure is not legal when it is the result of a predatory loan.
My husband was served with forcible detainer papers again & I went to the hearing & the judge granted the plantiffs their detainer on my husband but told them that I was the primary owner & they would have to file it in my name for it to be any good.
I faxed a request to American Home Mortgage Servicing for the investor/lean holders name & contact info. because thats what they told me to do to get that info. Now 24 hrs. after faxing it in they have absolutely no info. on my account at all. I cant get passed the peons tha answer the phone they wont transfer me to a supervisor or anyone. I messed up & told them in the fax that I had contacted my Attorney General & FBI mortgage fraud division & I have but I should not have told them this. Now they will not talk to me at all.
Looking back at the loan docs. I have had sent from the servicer, the first set i recieved the RESPA is not even signed but now the second one they sent is signed.
This is the only home my two sons ages 16 & 8 have ever known and all of our memories are here. This situation with our house has put so much stress & strain on us it is about to cause a divorce and me a nervous breakdown. I desperately need an attorney and we have the funds to pay for an attorney.
This gives you an idea of what im up against. All we want is to be able to pay for our home. If they sell it they will not get anywhere close to what they have loaned on it so it would be in their best intrest to fix the loan the way it should have been done to start with.
I have been repeatedly lied to by citi mortgage!..Now my home is up for sheriffs sale
I TED TRYING FOR A MODIFUGTION IN AUG2010.I FAXED THEM ALL INFOMATION ASKED FOR.A FEW DAYS LATER CITI CALLED AND SAID THEY DID NOY RECEIVE ALL PAPERWORK.IAXED THE NEEDED PAPERWORK.AGAIN I WAS TOLD THEY DID NOT RECEIVE ALL PAPERWORK.I THEN MADE COPIES OF ALL PAPERWORK AND MIALED ALL WORK TO THEM.SOME DAYES LATER I CALLED TO INQUIRE ABOUT MY MODIFACTION I WAS THEN TOLD THAT DID NOT RECEIVE ALL PARERWORK AND IT WAS OUTDATED I WAS THEN TOLD TO ,OREW RECENT INFORMATION AGAIN I FAXED ALL INFORMATION.AGAIN I WAS TOLD THE SAME NOT RECEIVED ALL INFORMATION I EVEN USED UPS 2 DAY AIR.I AM STILL TRYING
WELLS FARGO IS THE WORST LOWEST COMPANY! I faught for 4 yes 4 years with them and started before any attoney even had any papers! tried stopping it right from day one! I recieved a paper yesterday telling me I will have to move in 90 days. SO HOW MANY TIMES DID I RESEND AND RESEND AND RESEND THE SAME PAPER WORK! at least 10 times. they need to be suedfor all the mental sleepless night they put me through! and for taking my house when i did everything they asked! I kept all my papers so if anyone out there knows of a lawsuit count me in! plz!!!!!