I am in so deep I dont even know where to start, but here goes ... Back last September my mortgage was with Homeside Lending, Was then purchased by EMC Mortgage corporation. I recieved a telephone call one evening that July August and September payments were Past Due. I sent them all my bank statements and they insisted that they could not find the payments. I finally got someone at EMC to work with and who said they were looking into it. Months had past and I never heard anything back. EMC had their attorneys send me pre forclosure notices, upon receipt of those letters I immediatly sent the attorney copies of all my statements showing payments made and accepted. She agreed with me entirely over the whole process and forwarded my statements to EMC several times to EMC via email, fax, etc. She also stated to me that they could not find the monies. I informed her that no other payments would be made until those 3 months were credited to my account, and she agreed. About a month and a half after EMC's original attorneys contacts I got a new letter in the mail from a new attorney for EMC that they were going to foreclose on my home. I immediatly called him, he had no info on the past payments that were made. About a week later I get a letter from a Bankruptcy Attorney that on March 3, 2003 my home was listed on the lis pendings file at the clerks office at my local court. I was never even served. I called EMC to find out what was going on and they had no info. I then composed and faxed a letter to EMC and their parent company Bear Stearns, about two hours later I got a return call from EMC's attorney located at their corporate headquaters in TX. He admitted they were wrong and that my file was still under investigation for missing payments. One week later I had a guy at my front door at 8 AM, telling me he was sent by EMC to seize my home. While I sat at the door listening to this guy with my two children (babies) right next to me, In tears I contacted EMC's attorney in TX and luckily my husband had to come back home for something before heading into work and handled the situation for me. It has been a complete mess since then. I owe for Nov to April totalling 15K. I have 10K of it but due to unforseen cesspool repairs I am short the additional 5K. EMC has offered me 2500 in damages , yeah right, and will not budge. I hired an attorney who will not go any further with the case without a retainer. I am in a tuff posistion, on the brink of filing for bankruptcy in fear of loosing my home. Any advise would help. Thanks mdg2003
MDG2003, I'm not an expert on this but if I were in your situation this is what I would do. I would first call every attorney in the phone book til you found one to take this case on contingency or some kind of payment plan. If you can not find one that will and have no $$$ I would try your local legal aid and see if they can refer you to one. I am not a legal expert and I'm sure others more experienced will chime in, but on the surface it looks to me like you have more than 2500 in damages here. If the mortgage company is owned by Bear Stearns, I would PFB them a real nasty letter. I hope this works out for you. WALLST I'm not a lawyer but I did stay at a Holiday Inn Express last night.
To follow up on Wall St's post. Make a few more calls but, if you can't find a lawyer that will do this on a contingency, that ought to tell you how weak a case you've got. Yes, the mortgage company screwed up but, in my opinion, you screwed up far worse when you had a temper tantrum and quit paying your mortgage. You should have continued to pay and dealt with the mortgage company and eventually it would have been straightened out. At the end of the day, you're going to have to get current or lose the home. I think you've far more liability for this mess than the mortgage company and prehaps your lawyer is seeing that as well.
Yes, I may have been incorrect in withholding my mortgage payments, But when totalled loss of 3 mortgage payments = $7600.00, I was exremely leary to make other payments untill those were found. Which they did locate, one was still being held by Homeside, which was released, one was credited to someone elses account , and they other they have failed to mention what happened with it, but credited that month. Right now I am contimplating using the funds I have now to hire legal advise, claim bankruptcy, to give me some time to either get the rest of the funds together or bite the bullet and offer them what I have now. Problem is, I was asked to sign a release or waiver, which I will not do until I've got myself a good attorney.
Re: Re: Sticky Messy Situation Need Advise Do you get cancelled checks back from your bank? If so, did you send copies of these to the mortgage company? They should have figured out where ALL the money went right away. You do need an attorney NOW. RIGHT NOW. You can usually get a free consultation. Keep looking until you find one that can represent you on a contigency basis, like someone else said. IMHO, The mortgage company, by erroneously not applying your payments correctly, caused your house to go into foreclosure to begin with, not you. Ironically, your paying from November to April would probably NOT have brought you out of foreclosure because once you are "3 months behind" on payments, you are in foreclosure and would have to have repaid 3 payments PLUS what was currently due-November and so on to get out of foreclosure. So, if you've sent them all kinds of information providing proof that you paid these payments, they should have applied your payments to your account AND THEN fixed THEIR MISTAKE. IT IS NOT YOUR JOB TO AUDIT THEIR BOOKS!!!!! FIND AN ATTORNEY!!!!! NOW!!!! And keep us posted. Good luck
Re: Re: Sticky Messy Situation Need Advise 1*In my opinion, you screwed up far worse when you had a temper tantrum and quit paying your mortgage. 2**You should have continued to pay and dealt with the mortgage company and 3*eventually it would have been straightened out. 4*At the end of the day, you're going to have to get current or lose the home. 5*I think you've far more liability for this mess than the mortgage company keepmine ===================== 1*I Don't agree: It always use to be that one could withhold payment for non performance. 2*Now days being forced to continue to pay has taken a powerful weapon away from the consumer and greatly weakened any incentive the creditor or merchant had to correct errors breaches or non performance. 3*Contuning to pay certainly postpones such eventuality 4*This stinks because it was the lender who defaulted not the poster. 5*Well:I Don't. ~~~~~~~~~~~~~~~~~~~~~ I Have a couple of questions for people like them. 1-Why should I give you any more payments when you haven't credited the ones I have already given you? 2-What Good does it do to give you payments when you don't credit them, How do you expect the bill to get paid that way? The END ************************* LB 59
But when totaled loss of 3 mortgage payments = $7600.00, I was extremely Leary to make other payments until those were found. mdg2003 ================= If you can't trust them with 3 why give them any more payments to loose??????? ???????????????? The END ************************* LB 59
