LisaMc -- Did you file?

Discussion in 'Credit Talk' started by sassyinaz, Jun 21, 2002.

  1. sassyinaz

    sassyinaz Well-Known Member

    Hi Lisa,

    I'm curious what you decided to do from last week, did you file?

    send another letter?

    cuss them out?

    throw eggs?

    Sassy
     
  2. sassyinaz

    sassyinaz Well-Known Member

    Calling Lisaaaaaaaaaaaaaaaaaaa,

    BUMP

    Weekend is over, addicted netters (ME) are wondering.

    Can you share?

    Sassy
     
  3. charlieslex

    charlieslex Well-Known Member

    Sassy, Do you have Parkinson's? Your fingers sure do stick on the keys alot. ;) Charlie
     
  4. sassyinaz

    sassyinaz Well-Known Member

    sorryyyyyyyyyyyyyy charlie ;-)

    lmao

    Sassy
     
  5. charlieslex

    charlieslex Well-Known Member

    Did you finally wake up? Charlie
     
  6. sassyinaz

    sassyinaz Well-Known Member

    lol charlie, wake up? who sleeps?

    See how careful I was to keep my parkinsons in check?

    Sassy

    sorryyyyyyyyyyyy charlie (just couldn't help it)
     
  7. LisaMc

    LisaMc Well-Known Member

    Hi Sassy! Waving at ya! ~~~~~~~~

    Which one do you mean?

    If you mean Chase and the mortgage, get this....

    Saturday I received a packet in the mail. It was from Chase's lawyers here in Houston. They are asking the BK judge to remove the bk stay and allow them to foreclose on our home. THey cite the following facts and ask for expedience in removing said debtors from the premesis due to the undue hardship our relationship has caused them (Waa!):

    Per Chase, these are the facts as they see them:
    1. Debtors are 4 payments in arrears including the June 2002 pmt
    2. there is no realizable equity in the property
    3. chase has faced adverse effects from the constant administrative burden this loan has placed on them
    4. Debtor has failed to maintan the property and failed to maintain sufficient escrow funds.
    5. Chase has been unable to resolve this issue through numerous attempts with said debtors.

    By this time, I am absolutely having a meltdown.

    Here are the real facts supported by cancelled checks, bank statements, and a six inch stack of correspondence:

    1. WE HAVE MADE EVERY PAYMENT, ON TIME, USUALLY EARLY SINCE CHASE BOUGHT THIS LOAN.. Not only are we current, we are actually OVERPAID by $1200 in additional principal.
    2. The June 2002 payment - According to Chase, they have not been paid for June yet! The June payment cleared our bank account 22 days before the motion to foreclose was filed.
    3. No realizable equity - We have over $70K in equity in this home.
    4. Adverse administrative effects - Are they joking? I have a stack of paper that will not fit into an expando file of correspondence with Chase on this matter. I have reconciled the escrow for them FOUR times. I have sent them copies of 36 months of bank statements and cancelled checks supporting our payment history on FIVE separate occasions. I have FIVE legal sheets of paper, single spaced, documenting phone calls I have made and messages that were never returned by Chase and their BK department.
    5. Failed to maintain property - Those SOB's. Our home is 3 years old. We take immaculate care of the property. We have made many improvements to it and just received "Yard of the Month" for June!
    6. Failed to Maintain Escrow - I have BEGGED them to provide me with an escrow analysis. I was told that it was "more complicated than I understood." It is not that complicated--money in money out. Give me an escrow analysis! Five months ago I sent them a registered letter with my escrow analysis in it. I thought we were about $900 underfunded for the year. I wanted to send them a check if they agreed this was the right amount. They sent me a letter back saying "You are OVERFUNDED by $1,700, do you want that in a check or applied to principal?" I knew it was wrong. I said leave it in escrow.
    7. Chase has tried numerous times to resolve matter - I have never received one piece of mail from those monsters. Never. I beg and plead. They do nothing. I have a 6 inch stack of correspondence that I have sent to them to support MY EFFORTS TO FIX THEIR PROBLEMS!
    8. Lastly, they have scheduled the hearing for July 22 at 8:00 a.m. This would be the third day of our first vacation in two years. We were going to be in Hawaii, childless, for 7 days. A Houston courtroom was not what we had in mind.

    My BK attorney is all over this. He said not to worry that he would try to work it out before the 22nd. Not worry? They want to foreclose on us! This whole thing is just so ridiculous it amazes me! They are cashing our checks every month and not posting the money!

    Yesterday we received a letter from Chase stating that because of our "exemplary payment history" over the last 24 months, we were being offered a "vacation" from our mortgage payment for the month of July! Yep, because of our 24 months of PERFECT payments with them, we could elect to pay only the escrow portion of our payment & send in the attached coupon instead of a check. Can you believe the gaul of these people? I faxed the letter to my attorney this morning.

    I want to counter sue these guys for something. If anyone has ever botched a loan worse, I would have to see it to believe it.

    Any comments are welcome!
     
  8. LisaMc

    LisaMc Well-Known Member

    Regarding MBNA, I sent them the registered letter required by the local judge prior to filing the small claims suit. I have to wait 10 days after they sign for it before filing. Their 10 days are up on June 29th. I will file then.

    Yesterday I got a letter from MBNA. They said that they wanted to answer my April 17th letter. What? Once again, they assure me that they had every right to pull my credit because I asked them to correct their reporting. They stated that they could not correct their reporting until they knew what was being reported. Can you believe that MBNA can not tell what they are reporting without pulling my credit? I just thought it was funny that after all this time, a clerk is sending me a BS letter. Four days from now, the suit will be filed.
     
  9. soup

    soup Well-Known Member

    WOW....amazing...unbelievable...WOW...just curious but are they adding on late fees also since they aren't posting payments? You've gotta be able to get some $ for the anguish or re-imbursed for all the paper LOL...stay on top of the attorney is my only suggestion...don't worry my a**....hello...has he given you an idea of the outcome?
     
  10. LisaMc

    LisaMc Well-Known Member

    He said that there have been cases were people were foreclosed on with proper payments. He said it is rare, but it can happen. He said if that happened, he would ask the judge for a payment plan to "catch up" what chase says we owe. He said if it comes to that, Chase will be forced to show us what they think we owe and that would give us something solid to argue.

    The problem with this is in their management of BK loans. This was a CH13. We have never missed/been late/been incomplete on a payment on this loan since its inception. Chase has a special department for BK mortgages. Those people are complete idiots. You can't get any info from customer service. You have to call the BK dept and leave a message. They NEVER call you back. You can't access your account online if it is in the BK department. They don't provide the same payment history they would give to anyone else if the loan is in BK. On our credit report it shows the original balance on the loan, current balance = 0, included in BK, payments =0. I think they are just clueless and dangerous.
     
  11. Marie

    Marie Well-Known Member

    If you're paying Chase and they're not crediting your payments properly you may want to start exercising your Fair Credit Billing Rights now... ;)
     
  12. LisaMc

    LisaMc Well-Known Member

    I forgot to answer the question about late fees--I don't know! They state the balance of the loan in the motion. It agrees, to the penny, to my amortization schedule after the May 2002 payment. That says to me that they received the payments. If not, why would they give the balance after all the payments have been made?

    They say that they want to be paid for all of the late fees, past due interest, escrow arrearages, legal fees, and undue administrative costs associated with the loan. So, I assume they have tacked on late fees, but I have no idea why they aren't reflected in the balance.
     
  13. LisaMc

    LisaMc Well-Known Member

    Marie, I am not familiar with my Fair Credit Billing Rights.

    I told the attorney that I wanted to counter sue them for anything that I could. Maybe I have something in the FCBR.

    Thanks for the tip.
     
  14. soup

    soup Well-Known Member

    Marie is super in replying and I'm sure she'll give you great insight, in the mean time, take the tip and start reading, depend on no one, no one knows your exact situation and it seems to me that the attorney who I assume is getting paid isn't worth a dime, you know what they say "if you want something done right, do it yourself". Knowledge is power and as soon as you become familiar with your rights you won't be as stressed. Good luck to you, wish I could be of more help.
     
  15. Quixote

    Quixote Well-Known Member

    http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm

    Other billing rights

    Businesses that offer "open end" credit also must:

    give you a written notice when you open a new account - and at certain other times - that describes your right to dispute billing errors;

    *provide a statement for each billing period in which you owe - or they owe you - more than one dollar;

    *send your bill at least 14 days before the payment is due - if you have a period within which to pay the bill without incurring additional charges;

    *credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; and

    *promptly credit or refund overpayments and other amounts owed to your account. This applies to instances where your account is owed more than one dollar. Your account must be credited promptly with the amount owed. If you prefer a refund, it must be sent within seven business days after the creditor receives your written request. The creditor must also make a good faith effort to refund a credit balance that has remained on your account for more than six months.
     
  16. LisaMc

    LisaMc Well-Known Member

    *credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date;

    I was very serious when I said that a mortgage included in the special "BK division" at Chase is screwed. Step back in time, forget email/voice mail/internet/or computers. You are now in "The Special BK Division" at Chase. They suck!!!!

    The rep told me on more than one occasion to give them 4-6 weeks to post a payment once received. They do not accept electronic payment. They won't accept any type of bill payment service. The only type of payment is a regular bank draft check. When they receive it, it takes 4-6 weeks to show up on your account. I know for awhile they posted every one of my payments to a suspense account. I was told that was because all BK payments were handled that way. It just seems so odd to me that they would treat a BK mortgage different than a non BK mortgage when there is no difference in payment requirements/dates/etc.
     
  17. sassyinaz

    sassyinaz Well-Known Member

    Oh my gosh, lisa, what a mess!!!!!!!!!

    You must be a stressed and nervous wreck :-(

    Your BK attorney is familiar with the Truth in Lending Laws and RESPA protection?

    Especially for your escrow (RESPA) and the bolded parts that Quixote posted.

    I know chase hasn't been doing this, my mouth hangs open every time I read how they've handled your payments -- but there's no way for them to get around those laws, BK or no BK, internal BK department be damned.

    I know you are protected, what's scary is that they are forcing you to prove it and holding you and your house hostage.

    There's a story at the Bayhouse site, the link is on the front page to the Transamerica horror story. Seems like Christine followed and helped Denise Richardson with a similar story and there's another she's presently helping. I'm thinking she could likely give you some pointers for nipping this in the bud before chase goes further.

    I'm pretty sure that TILA violations are affirmative defenses to foreclosure action; I'll surf around for you.

    Gosh this is scary, I'm so sorry they are putting you through the ringer. I just hate that you are forced into such a spot for paying your mortgage on time!

    Sassy
     
  18. clc18940

    clc18940 Well-Known Member

    Lisa,
    I used to work for a large bank in NYC that is now part of Chase...there used to be three large banks..Chemical Bank, Manufacturers Hanover and Chase...over the past years they have merged into one...and now they are owned by JP Morgan.

    First I want to say the motion that the attys sent to you is pretty much boilerplate...they want a "relief of stay"...if you have all your docs in a row...don't worry about it...the judge won't lift the stay...as for the date...ask your atty to ask for a continuance due to personal vacation plans already made...you should get it with no prob.

    Some funny stories about how screwed up these banks are...I was a corporate VP on the retail side...so I heard all the screw up stories...we had a Sr. VP in Ohio that had a mortgage with the bank (of course) and the mortgage folks forgot to pay his taxes...even though they were escrowed...and he didn't find out until he saw the notice of the sheriff's sale in the newspaper! Talk about one pissed off guy...imagine the public embarassment...another story...my boss...the sr. vp of retail (this guy had 2,000 people working for him) applied for a credit card for his daughter who was going to college that year...he co-signed it...and he was denied...too funny!

    So to make a long story short...Chase is still dealing with merger probs...added to the probs they had b4 and you've got a big mess. The left hand doesn't know what the right hand is doing...they are definitely screwed up.

    but as I said earlier...if you've got all your checks and correspondence...the judge is not going to let them foreclose...he probably won't even lift the automatic stay given their piss poor performance on your account so far.

    good luck!

    clc
     
  19. sassyinaz

    sassyinaz Well-Known Member

    clc,

    Why would they send boiler-platish motion for relief from the stay at this point?

    She's not missed a payment nor been late!!!!!

    How come they didn't do it when she first filed?

    I hope the judge throws the gavel at them AND that he has good aim.

    Lisa,

    You've requested a payment history, yes? Seems you said so in another post. Did they provide it?

    You can ask them to validate, yep FDCPA, anything now claiming a total amount due. I know you've immaculate records and even if it matches -- it only matches because YOU gave them the figures and the escrow audit in the first place; they couldn't do their jobs, grrrrrrrrrrr.

    Anyway, you can ask for the validation, just because you can and it can buy you some time -- ask who owns your mortgage too, name and address.

    There have been some successful court cases that loan servicers have lost because they weren't the proper party to bring the motion. I'll dig it up if you need it or if your attorney just wants to throw some hardballs back at them.

    Sassy
     
  20. LisaMc

    LisaMc Well-Known Member

     

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