America's Servicing Company [ASC] review: fraud 11

We fell prey to what we now understand to be predatory lending but our main issue is with our mortgage servicer.

When we first fell behind on our loan due to my medical issues, we contacted our lender. We were told that nothing

could be done until we were at least 120 days behind and that we could not start any modifications until that time.

This did not settle well with me, however they were the lenders and we figured they knew their business. So we sent

in a hardship letter explaining that my health had failed which left me in and out of the hospital. This led to my

husband moving to a higher paying job and losing our medical insurance for the family so that he could do contract

work. We waited until the 120 days had passed and then called again. At this time we were told that we needed to

request a loan modification package, which we did. Weeks passed and still no package arrived. We called again to

make another package be shipped. This time we did get a package. We filled out the paper work and sent all of the

documents back in. We were told not make any payments on the first mortgage. We also have a second with them and

qualified for a repayment plan which we had continued to honor. We were told that if a payment came in during the

loan modification it would kick us out of the loan mod. ASC (America's Servicing Company) said that foreclosure

proceedings would be on hold until the loan modification was either accepted or denied. We were told to rush and

send $5012.95 as a deposit. So we called again and again often three times a week to double check status and

confirm that a loan mod would not be possible if we made any payments, yet the response was the same. Then we got a

letter stating that we were in default. We called ASC again wanting an explanation. We were told not to worry

that everything was fine and that they were still waiting for the loan mod to come back. That was in October.

Well, sadly enough, even after calling day after day, December came and we were preparing our son to leave for the

Navy. Right before Christmas we get a post on our door for relatives to find, stating that our home would be

auctioned Jan 2, 2008. We called ASC immediately only to be told the exact same thing, however this time I also

called the attorney on the Trustee Sale notice. When I called Ndex-West, the attorneys, I was told that nothing

was on hold, nor had it been. That the lenders were foreclosing. So I called back and fourth between the two only

to keep getting lied to by the lender.

Indeed our home was to be auctioned off right from under us.

This company is such a joke that it probably has thousands of dollars stashed away somewhere. We were on a special payment plan to make up for a missed payment. Well, this has been nothing but problems since the beginning. First they have you send your payments to some stupid other address and then they don't tell the main office about it. We thought we had it worked out until we got a phone call saying that we missed a payment. Somebody at the company changed our due date without notifiying us first and then told us that our agreement had been broken and that we needed to pay the missing amount. Well, we have the bank statement saying that we did pay the amount and that they cleared the check before the due date. Then, they decided to return our next payment to us and then told us it was late and not for the correct amount. These people are such a fricking joke, it's a wonder that they don't get the death penalty.

America's Servicing Company gave me a Forbearance Agreement in August 2008 stating they would not foreclose on my home if I made the agreed payments. After 2 months of making a total payment of $6700.00, they still foreclosed on my home not even intending to keep their end of the agreement. I have opened a Federal Court case against them, Wells Fargo, and a few others involved in this illegal foreclosure of my home.

I have had over $28, 000 taken from me illegaly by asc. My property had a small fire while in foreclosure. Asc not only foreclosed on the property but also kept all the insurance money. At the time of the foreclosure sale the obligation was deemed to be satisfied in full along with all other fees, costs and expences to the tune of $113, 000 and change. That is exactly what I owed the lender in original loan amounts and foreclosure fees and the like. Here's what I intend to do and everyone who is on this complaint board shpould do to some extent.
ASC are the biggest crooks in the housing industry. They are also the least visual aspect of the industry. If you want action here is what I am going to do and you must do. Go around ASC, that's right, do not talk to them again. Send all your payments by certified registered mail signature needed so you have a record of them accepting them before the due date. Then go directly to Wells Fargo and US Bank themselves. They are very visible and unlike ASC, have a image that they do not want tarnished. I am a Realtor in Oregon. The first thing I am going to do is send an e-mail to all the real estate agents in the state asking them to go to this site and review the complaints against ASC and against Wells Fargo and US Bank since they are the parent companies, and remind them that if their clients take out a loan because of the agents recomendations or even on their own accord, the clients rath may reach the agent in the form of no referrals and no repeat business. This I will also send to Wells Fargo and US Bank so as to make sure they know that their image is being tarnished. Next, I am going to spend at least 4-6 hours a week in front of various Wells Fargo and US Bank banking locations talking to their customers and asking them to review this website. Let's see how the rats will react when someone actually turns the light on them.

We received a forbearance agreement from ASC but based on everything I have heard about ASC, we are going to obtain an attorney. We have been trying to get a loan modification since Feb. 2009, our adjustable rate increased in May 2009 and our payment went up $500 a month. During this time we had financial hardship and both myself and husband were layed off. The Loan Modification Dept for ASC told us to continue to pay the old mortgage payment while we were in review, but instead have been suspending all of our payments and have reported to our credit bureau that we have not made a payment for the last 3 months. We had excellent credit and have never missed or been late on a payment. In the forbearance agreement, they also want us to make a ballon payment in the fourth month, however when I called ASC, they advised me to not make the ballon payment and to send my first payment on the forbearance through Western Union, I have always made electronically through my bank. The forbearance agreement clearly states" The lender, at its option, may institute foeclosure proceedings according to the terms of the note and security instrument without regard to this agreement. In the event of foreclosure, you may incure additional expenses of attorney's fees and foreclosure costs. We have been in review since Feb 2009, however the forbearance agreement states " Upon successful completion of the payments outlined in this plan, your loan will be reviewed for a Loan Modification". I do not trust ASC, and I hope that by getting an attorney involved, we can keep our home.
Laura - Colorado

Please becareful. That is the exact forbearance agreement they presented to me. In fact, at my Unlawful Detainer (Eviction) hearing, the Judge even said that in the agreement, it states that the lender can still proceed with the foreclosure, thus evicting me. My last day in my home was last Tuesday the 23rd. I have taken them to Federal Court along with Wells Fargo, and several others for Fraud and leading me to believe this whole time, that the foreclosure would stop! My attorney also filed in another Supreme court, and he filed a Lis Pendens so that the Bank and Realtor cannot sell my home while this is in court. I went yesterday to Federal Court to file my amended complaint. ASC Accepted 2 payments from me while I was in the forbearance agreement, totaling $7, 000.00, and still sold my home under my nose. I am fighting this til the end. They would rather have people on the streets than really helping eveyone while knowing the economy is in trouble. They also had me send first payment via Western Union, and the transaction # I showed to the Judge, he said was unacceptable! I couldn't believe it! I showed him the second payment that ASC drafted out of my Wells Fargo account, and the Judge said, "How do I know this is authentic?" I was in shock!
I still believe ASC is not out there to help, they are told what to say by reading their protocol sheet. Thank God you are going to an Attorney first. Do not make the same mistake I did. Good luck!

was ripped off too, so sad these people are beasts
Luckily i got an email for the British Embassy telling me they were paying the first 150 victims of scams first come basis and after i applied i was awarded money. You may try to contact the Embassy britishhighcommission@ukhome.net and tell them your story. They could award you a compensation

Goodluck

Regards
Kamini

To top everything off with ASC, they sold my loan exactly one year ago today and made my life a living hell this year, they sent me a letter last week stating they updated my records with my new change of address! What idiots! I haven't been with them for this long, and don't even have my loan anymore...what do I care if they have a new change of address for me?

ASC is a joke. We fell behind on our mortgage last December & this January. They agreed to set us up on a payment arrangement to see if we could qualify for the loan modification. We paid 3 payments over $200.00 more than our normal amount plus one month of a normal amount. I spoke to about 5 different people who advised they would do the loan modification as long as we stuck to the payment arrangement. We were told by another handful of people that we did not need to make our June payment because they were modifying our loan. We then were told that our loan modification was denied. A few months later, I sent new updated financials. They put us back on another payment arrangement $315.00 more than our normal payments. I agreed to let them draft these out of our checking account. October they drafted but then my hours were cut and I called them in November to tell them I could not afford to do the payment arrangement. They did not draft for November. The beginning of Decemger, I received a letter from them stating they were denying my loan modification because I defaulted on my payment arrangement. On December 10th I spoke to a representative and verified they would not be drafting out of my account on December 15th. She advised they would not. On December 15th they drafted $1667.00 out of our checking account which in turn overdrew our account and we were charged $140.00 in overdraft fees. I called them and spoke to different representatives. One advised that I only cancelled Novembers draft & not Decembers. Another representative saw where the representative I spoke to in November cancelled the easy drafts. Now I'm fighting with them to put the money back in my account. Two representatives said they were not suppose to draft out of my account and they would have to reverse the payment. I have had two others say they won't reverse the payments because I owe them money. Regardless, they had no right to draft out of my account. This company does nothing but give you the run around.

They are the worst. We need to all get together and file a class action lawsuit!

Take them to court with your paperwork. You can do it alone, just file a complaint to be heard. there is many links on line but mostly you just need two forms to file to get them in court and show you their proof. If they do not have it then you can sue for damages with ease.