America's Servicing Company (ASC)class action lawsuit due to fraud

S
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Due to serious neglegence on the part of america's service company (hereby refered to as asc) I am preparing to file a lawsuit based on the following facts.

1. Fraudulant notorization of mortgage signature. I was informed that because my wife was 2000 miles away at time of signing I should sign her name and they would get it notorized and it was totally legal.in fact this is concidered a fraudulant act by the state on michigan thereby null and voiding legal contract. This fraudulent act has been just found out and will be forwarded to the michigan attorney general.

2. Failure to pay insurance out of escrow and getting mine cancelled after 2 months of phone calls. Then placing their own in and charging me $800.00 for it. Per my mortgage escrow shall be in place to provide funds for taxes and insurance. Another fraudulent act per mortgage agreement

3. Provided false apr information. Was told that I would have a 7.5% and got stuck with a 9.6% rate. Also I was suppose to be in a frm and was put into an arm. Fraudulently showing one intrest rate on initial proposal and installing a higher one on the actual mortgage note. Was not shown at closing just told to initial everything.

4. Mortgage broker informed at signing not to worry about anything that we would be refinanced in 12-18 months. Completely untrue. Your ability to refinance is completely up to the lender not the broker.

These are just a few of the many documented fraudulant practices they have done to my family. We have tried three times to get refi'd only to have huge fee's involved to do it. $15000.00 by countrywide, well fargo sent paperwork recieved no answer. (wonder why?) last company refused till we were in the home for two years.

I am looking for anyone with proof of negligence to join us and bring this to a class action level. I feel that it is time to take a stand against the practices of this company and their parent company.

Responses

  • Bu
    Bul,TheMama Jul 23, 2019

    Bought my house in 2005, lost my job in 2007, I too thought I was getting a fixed rate. got an arm. Tried to refinance, short sell, anything. No one would work with me. Lost my home in a matter of a few months. Tried to talk to the realty company that sold me the house; they would not even talk to me. I wish I had known what to do back then, but I do wish all of you success. Wrong place at wrong time.

    Alice

    0 Votes
  • Kk
    KKChas Jan 11, 2019
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    I too have had a host of problems with them which has now led to me potentially losing my home. Too much to list here but I will definately send details. count me in

    0 Votes
  • Ca
    Carole Hirth Apr 28, 2018
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    Verified customer

    I was given a loan modification by asc made 11 payments and was still foreclosed because I was told obama's order expired! altisource promised $13, 500 to move early which we did and never received that either. my husband lost his job so I used all my retirement money to make the doubled mortgage payments when asc bought my loan from gmac. so I was screwed by asc, altisource, then ocwen which bought out gmac and asc. I filed class action lawsuits against all of them but to date have received nothing. all of this has made my illnesses worse, lost my house and all my retirement can someone help?

    [email protected]

    0 Votes
  • Ni
    Nilda Harrington Jun 02, 2017
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    Verified customer

    I had similar issues and due to their inability to work with me, my credit has been severely affected.

    0 Votes
  • Ly
    Lynda Fafard Apr 10, 2017
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    Verified customer

    I would like to be in on this - unfortunately what they did to me isn't in the books as it was on the phone, "losing" paperwork and repeatedly asking for the same stuff over and over again when trying to get a modification after my husband left and the house was signed over to me, we could well afford it but since I was a disabled female, they denied, stalled and continued this through 2 lawyers trying I wish there was something I could do
    Lynda

    0 Votes
  • Br
    brokenhearted07 Oct 20, 2015

    It is so sad to see that america's servicing is still screwing people. they did the same thing back to us in [protected]. kept jacking our interest up, would offer a modification but would make payments ridiculously high then would bill us even higher. they made it virtually impossible for us to catch up. it got to the point were we ended up agreeing to give up our home for short sale... which is basically foreclosure. we lost thousands of dollars to them we didn't owe in a period of about 7-8 months, then lost our home.

    I have been searching and waiting for someone to start a class action lawsuit but no luck so far.

    0 Votes
  • To
    Tony elhadiri Nov 22, 2013

    Count me in . ASC oh yeah
    email:[email protected]

    0 Votes
  • De
    debfusco Apr 18, 2013

    i am in i also have a horror story

    0 Votes
  • Re
    ready to fight May 13, 2011

    In 2007 I was on the brink of forclosure because of this same thing. they raised my payment by 25% and it caused me to become behind on payments. t wasn't until I read all these posts that I felt like the company did this intentionally. it turned into to a financial nightmare for me for months. luckily I was fortunate enough to climb my way out just in time. the financial stress however ripped my marriage apart. two months later I was divorced and I signed a quit claim over to my ex wife. now 4 1/2 years later I wake up to find out my credit score just tanked after years of rebuilding. my name wasn't taken off of the mortgage and my ex is 30 days late on the payment. it's funny because on the credit file it shows asc as the creditor but the negative report is from wells fargo??? I called asc first and they have no record of my account on file yet they have reported on my credit for like 6 years. now i'm being hounded for $1000 for something I had no knowledge I was even responsible for anymore. however they did say if I pay the $1000 they will remove the negative from my report and get my name off the loan. I don't know what legal grounds I have but I would be happy to help if I can.

    0 Votes
  • Wa
    Wanting Justice Apr 15, 2011
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    a verified customer
    Verified customer

    Has anything been done concerning a class action suit? I am in and need help fast!! they are beginning the proceedings on me. I live in texas. [email protected]

    0 Votes
  • Rj
    Rjazz Dec 13, 2010

    My home has already been sold by asc to a company they created themselves. it started out with refinancing our home, told us not to make the next payment till the new refinancing starts in 24 hours. that never happened, never gave us the new payment info, wouldn't take the old payment then said we were refused because we 'missed a payment' that we were told not to make. then the phone call and paperwork nightmare like ive been reading all over. and been fighting the loosing battle. merry christmas, get out.
    I live in ct. and though my home is lost, I want to get in on a cal.
    Please post info here.

    0 Votes
  • Hd
    hdr Dec 07, 2010

    I had a loan modification going on with them. they accepted the numbers weren't exactly what they had told us at the beginning, I called them, the told me to send all the papers back to review and they told me to call in 2 weeks. when I call in 2 weeks they told me my house was already sold : (no previous letter saying I was in default no even a phone call to tell me that final loan modification nothing.
    Basically they stole my house away and they leave me and my family on the street. I would like to get on board on this class action lawsuit.
    Please contact me at [email protected]

    0 Votes
  • Ti
    tiwilliams Oct 13, 2010
    This comment was posted by
    a verified customer
    Verified customer

    I lost my home in 2006 because of the asc predators. all these stories sound so familiar to what we encountered. this company needs to go down and give back to all of us what was taken. I even paid them "on the court house steps" and they still foreclosed on me. I have paper work and saved letters were we wrote to washington dc, raleigh nc and asc and more, trying to fight a losing battle.
    Whatever I can do to take these people down, let me know. I am in!

    0 Votes
  • Cm
    CmndrData Sep 08, 2010
    This comment was posted by
    a verified customer
    Verified customer

    I am also with asc and have been running around getting shifted from one person to another concerning my property loss claims. they keep telling me they do not have paperwork I sent them 3x in one month. they now are holding over $2, 000.00 of insurance money I need to make repairs on my home and they will not give it up. they also refinanced my mortgage payment about a month ago, after denying me at first, and here I read that they could cancel that within the next two months. that is not great news! I am looking to find an attorney to see what recourses I have to get my money freed from asc and get repairs done to my house before the next rain and I find more roof leaks than I already have. I contacted them twice today and when I asked to speak to a supervisor, they refused!! told me to send the information requested again and contact my contractor to also send the information. when I tried to get the address to send by fed ex I was given the run around again because nobody had the correct address to send to. I am really getting frustrated and tired of the run around. I want to fix my house but they will not give me my money from the insurance company.

    0 Votes
  • Ds
    dstambaugh Aug 18, 2010

    The problem as I found out with my loan today is that they are owned by investor groups and asc only collects the payments for them. these groups don't have to modify your loans. I am almost to the point of letting them have this money pit.

    0 Votes
  • Lo
    lostallhope Aug 12, 2010

    I lost my house because of them. I can't believe they have gotten away with this = (

    0 Votes
  • Jo
    joe1020 Aug 05, 2010

    I'm in. With plenty of paperwork to prove their modifications don't work. They just keeping wanting more money. I'm hiring a attorney.

    0 Votes
  • Sa
    sarahwaynerice Jul 23, 2010

    Please send me more info about your class action suit. I have just had a forensic audit of my ASC loan and have a lawyer evaluating it to see if I have a strong enough case for a law suit. There are many deficientcies in the report and I am fed up with ASC. They have approved only 3% of the loan modifications that have been applied for and I am not one of them. HELP! and thanks for your action. Sarah Rice

    0 Votes
  • Cu
    CUTTHROAT Jun 08, 2010

    ASC is committing fraud towards thousands of people in this country and getting away with it, count me in it, s time ASC aka (Wells Fargo ) gets what, s coming to them. [email protected]

    0 Votes
  • Ja
    javann May 07, 2010

    I'm having an issue trying to make a payment to them. I have fallen behind and they refuse to take a partial payment, indicating that they will not apply it till a full payment is made and that any partial payments are apt to be applied to the principle not the current balance. Makes no sense to me as they were fine accepting bi-monthly payments when they were withdrawn automatically.

    You can't even pay when you want to. It's like they want to forclose.

    And this is after going through hell with them to get a loan modification...

    Hate the suckers.

    Count me in.

    J Vann

    0 Votes
  • Sh
    sharon1028 Apr 30, 2010

    We have had nothing but trouble with this company for the last 2 years. we did everything they asked of us. they were supposed to help us wth upside down mortgage. now they tried to say we asked to get out of the program. totally untrue. now they want foreclose. they are the biggest liars going!!! iam willing to be part f this lawsuit. what do we do now?

    Sharon king
    Slate hill, ny
    [email protected]

    0 Votes
  • Ke
    Kelly L. Hansen Apr 18, 2010

    Hi all who have been defrauded by asc/wells fargo bank,

    Asc/wells fargo stole my home in 2007. I started a blog. copy and paste the link below into your web browser. it will take you to my site. I think you'll like it. I hope so. it's called "are you a victim of wells fargo's pain?" many homeowners have found it a helpful resource.

    Http://wfhmcaught.blogspot.com/2010/04/yes-another-homeowner-wins-against.html

    Please let me know where things stand with you and asc/wells fargo. god bless all homeowners!!!

    Kelly l. hansen
    On fire vigilante!
    Changing wfhm victims to victories!
    33605 w. 88th street
    De soto, ks 66018
    [protected] phone
    [protected] fax
    [email protected]

    Http://www.wfhmcaught.blogspot.com/

    0 Votes
  • Dw
    dwilkins Apr 13, 2010

    Yes they are difficult to work with, I had problems and they wouldn't give me a loan modification until I contacted naca. bruce marks, ceo of naca and they have a forensic law firm that will look at your documents and sue for you at no costs. naca is free and they have offices everywhere. the first step is attending one of their seminars for saving your home from forecloser. they were really good for me 7.5% interest rate and now 4% with asc. so it's worth going through naca.

    0 Votes
  • Ba
    Barbara Shea Mar 05, 2010

    You are not alone, as indicated by years of complaints on this website by people in the same situation or similar as yours. it is amazing that no attorney has so far stepped up to help us. this only makes me wonder if wells fargo/asc is tied into some type of government corruption and no attorney has the guts to take our case. I have emailed politicians, and numerous media outlets, but so far have gotten no response. it would make a great news story if someone exposes these criminals! is there anyone out there who has the compassion to represent us?

    0 Votes
  • De
    Debdeb08 Mar 05, 2010

    Help over here as well... I have been dealing with them since my loan was supposedly sold to them a few years ago!!! omg they are the worst everrrrrrrrrrrrrrrrrrrrrr!!! I started my modification proecess in april of 2009!!! they said it would take 3 months... well almost a year later and I am still in "processing"!!! every other day they call me and say they need something diffrent, or I get the run around on where my papers are!!! I have never felt so h0peless!!! I dont know from now to tom. wether I will have a house to live in, because if they deny my modifaction I will foreclose for sure. I have given them everything they needed, completed the "trial payment plan" and still have been getting the run around!! one lady was such a horrible [censored] to me she was asking for a paper and I argued I had already sent it twice!!! her response " ok ill just comment that u dont want to send the paper and we will take you out of the process!!! r u fn kidding me lady its wbeen a year of sending and calling and sending!!! and she was just like ehhhh ok dont send it!!! I was so dumb founded I was crying hystercaly on the phone as the lack of care these people had!!! I am not a wimpy person by far but this... took the cake!! I am at a loss now waiting everyday for thier decision... I cant make plans, I dont know if I will have to move... I hate them!!! if anyone is getting together a law suit please please let me know... they have by far did more damage then good. I thought the mod program was supposed to help us... not drag us thro the mudd!!!

    0 Votes
  • Be
    Beverlly Feb 09, 2010

    America's servicing company debt collection practices are questionable whether it operates according to security instruments or the mortgage contracts. they violate "fair debt collection practices act" when people demand their financial transactions and they do not provide it. the borrowers have the right to know when and how the payments were applied to the account and dispute the lender claims for delinquency. also, they breach the mortgage contracts when they foreclosed due to false default. there is no true default when a borrower is in trial periods pending disposition of the applications and has never been behind with the mortgage payments either in full or under agreed amount of the trial periods. but the lender like to call it default an moves on with foreclosure demanding payment all at once for the discounts given under the trial periods. according to the mortgage contract or the "deed of trust" they can only foreclose if there is a default.

    Acs has no right to apply late fees. lender is not obligated to apply partial payments under loan modification trials at the time such payments are accepted. lender may hold such unapplied payments until the borrower makes payments to bring the loan current. if the borrower does not do so with in a reasonable period of time (in loan modification trials lender always receive the partial payment on time if one wants to stay in trial), shall either apply such funds or return them to the borrower and not to apply late fees. if not apply earlier such funds must be applied to the outstanding balance of the loan prior to foreclosure. but the acs is smart and applies the payments that were in the holding account within calculated time before the foreclosure so the payments are not added to the principal but rather to the interest and than add late fee to make it look as valid transactions.

    free americans deserve a second chance, not cold hearted corporate bankers using treasury credit lines and creative financial transactions. 98% of foreclosures go uncontested, so its worth the lender's risk of being caught for fraud, simply because they rarely get challenged by a homeowner since they don't have money to hire real state lawyers and the lender knows that.

    0 Votes
  • La
    lawsuite Feb 05, 2010

    Ok everyone I need you to do this asap. email your complaints to as many new stations as you can; dateline, good morning america, your local news, chris hanson nbc, etc and demand a cover story on asc. I have flooded their inboxes and all of us do the same. make the subject asc/wells fargo fraud and in the body make it short and to the point. and they will get back to you. get started right away flooding the media to cover this story. I even asked that they call the customer rep numbers to experience the inconsistanct themselves. also call radio stations etc. if there is a corporate office soem place I am willing to rally together outside the presidents of asc office. whether I have my house saved or not; we need to push law suite and get media coverage right now. our kids will learn how to fight for justice right alongside us... we cannot roll over and give up whether u forced moved out or not. lets get rolling flood media email boxes right now and spread the word fast. my email is [email protected] edu
    We have to help ourselves collectively so any input is great... also adhere to the comment above on emailing other govt entities do not forget.. we are the voice. we are the people

    0 Votes
  • La
    lawsuite Feb 05, 2010

    Please please please tell me what to do to support the law suit. I have been in my home 5byrs. asc was reviewing my modification since 10/2009; to my surprise bank just bought my home 2/1/2010 and I gotta be out per realtor in 3 days with my kids. calling customer service is a joke; cannot get to the right people. have missed work trying to find an apartment in which rents nowadays is higher than what my mortgage will be... I think there is plenty of online support that asc need to compensate us all and maybe we will end up with free homes down the road after we sue them like crazy. with the vacany rate in this country it makes no sense for them to foreclose during modification review when it is clear owners meet qualifying factors... also be ware of "modification experts companies" they are rip offs we paid 3k thinking they would help with a special speed dial number to lender/investor and I learned they simply call customer service and go through all the transfer process like home owners do... does anyone no how the reinstatement or rescind works and what are the chances? take care of ourselves in this minor set back we need to preserve our sanity and energy for the law suite... lets get that going like right now.

    0 Votes
  • Ca
    caudillo1 Feb 03, 2010

    I totally agree they tried to get me on item number 2 but I caught them in time... how and/or who do we get hold of to move on a lawsuit on this company? they cannot treat us like that?... please send information to [email protected]

    0 Votes
  • Ba
    barbie13 Jan 14, 2010
    This comment was posted by
    a verified customer
    Verified customer

    Everyone sharing stories about the criminal activity of asc/wells fargo should band together! we are sharing our stories with each other inside the realm of complaintsboard, but we must expose these criminals to the world!
    I have contacted high powered class action suit lawers, my local fox news, my congress woman and just recently, dan abrams, the legal analyst for nbc news. with all of our heartbreaking stories I have yet to find someone to care. no-one has gotten back to me with a reply as of yet. is there anyone who has the compassion to help us? is there a lawyer out there who has the guts to stand up to powerful asc/wells fargo?
    If everyone who reads this contacts any media outlet, attorney, political representative and anyone else who has the power to represent us, please get you word out today. there is strength in numbers! refer your contacts to the complaintsboard and maybe someone will have the compassion to represent us. this unjust harassment to the american people has gone on too long! let's stand up together and be heard! let our public officials know that they can be voted out of office if they don't stand up for our rights! we are all victims of crime and it is difficult to believe that our government is allowing this blantant abuse to us tax paying, hard working americans! start exposing asc/wells fargo today!
    Email me with your thoughts and ideas at [email protected]

    0 Votes
  • Ba
    barbie13 Jan 14, 2010
    This comment was posted by
    a verified customer
    Verified customer

    Dear Kelly,

    I need your help! Please email me at [email protected]

    Thanks!

    Barbara Shea

    0 Votes
  • Gj
    GJbon Jan 14, 2010

    We are going thru the same situation. we have been trying a loan modification (lower our intrest rate) but we have been denied. we updated the info with the company becaise I just got a raise and I am in the waiting process and it does not let me sleep. I am diabetic and have 2 children and I was unemployed for 2 yrs but my mortgage payments were always on time. this past year in the month of april I stopped making the payments because they would not give any help to people that were current on there mortgage. I called a number that was on one of the letter sent to me by asc and the number was for wells fargo and the response I got was that if the property was not worth $266, 000.00 or more they could not help; so I asked what help is available for people in my situation and they said that it would depend on credit score and income, my answer to him was that that was no help. then I called asc and I was transfer to another department and to another dept and to another one and finally after waiting they told me that my financial info was not in there system that they would mail me a financial sheet. we spend more time trying to get help then the help that is available. at this moment I am getting help from a lawyer for the modification but it is taking to long and as I mentioned before the first time it was denied. today I spoke with a gentelman who has asc and he told me that after almost a year of sending asc the documents neccesary to do a loan modification they never gave him an answer and now that he got laid off from his job and he notified them he just received paper for foreclosure and someone already went to look at his property. he has had his property for 10 yrs and he told me that when he purchasrd the property he made less money then what he was making when he tried to refinance. people out there we need to continue to share our problems with asc so that someday soon someone can stop them or at least make them give us fair treatment regardless of the situation they always make there money.

    0 Votes
  • Je
    JenWhitlock5 Jan 07, 2010

    I am up at 2 am because I can't sleep over my nightmare with asc. we have an arm and our interest rate has gone up so many times over the last 3 years, that our payment has doubled. when my husband was laid off for the third time in 2 years, we asked for a modification, and it took 3 months... only to get denied. we saw an attorney today about filing chapter 13, just to stop the foreclosure, but were told that the payments we would have to make monthly to the trustee would be unbearable for us and we would have to make those payments for 3 -5 years. our home is set for public sale on jan. 14th. I feel like I am going to have a nervous breakdown. I can't work, I can't sleep, I cry all day... someone get us out of this nightmare. if it weren't for my three children, I might end it all. asc is evil. please someone help. I am in nc, and my email address is [email protected] rr.com. I would love to join the class action.

    0 Votes
  • Ma
    Mata7225 Dec 18, 2009

    They sold my house without proper notification while we are in a process of loan modification.
    COUNT ME IN!

    0 Votes
  • Ma
    Mata7225 Dec 18, 2009

    Please count me in. I am in a process of loan modification and these b*s sold my house without any notification. at the sametime, making me believe that we are still in negotiation for loan mod. [email protected]

    0 Votes
  • My
    myjrts Dec 03, 2016

    @Mata7225 Same thing happened to me. I was told to let a few payments go until in default and I was qualified for a loan modification. my new loan letter stated my first payment would be april 1, 2010. january 2010 a man rang my doorbell and told me he just bought my house in a foreclosure auction. can you supply me with information on how I can be counted in etc. thank you : email [email protected]

    0 Votes
  • Ju
    judypugh Nov 25, 2009

    I don't know how these people sleep at night knowing what they are doing to hardworking homeowners. they allegedly put me on a loan mod program for 3 months at a new payment amount. I made the first payment and scheduled the other two through my checking account. today - the day before thanksgiving - a man from wells fargo (who apparently owns asc) said my home is in foreclosure and offered me $2, 500 to walk away). i've fought so hard to stay in my home since my divorce and now this. they never notified me that my home had been foreclosed upon. swine flu, strep throat and this... all in one week. guess my kids and grandkids won't be coming home for the holidays. whatever action you take against them - i'm in. and I hope it's soon.

    0 Votes
  • Lo
    loomishouse Nov 18, 2009

    You will need to file a complaint with the OCC - this agency regulates the banks. The FCC will tell you to contact the OCC. At least, that's what they did to me.

    Here is the link: http://www.occ.treas.gov/

    Also contacting your state rep and all other elected officials will help them understand that they need to do more work in the housing area.

    0 Votes
  • Jk
    jksurf Nov 17, 2009

    i found this in another forum . I did file ftc complaint

    "Eeryone who has had dealing with Wells Fargo dba American Servicing Company (ASC) needs to file their complaints with the Federal Trade Commission @www.ftc.gov. It was very easy! When you finish with that one, go to http://www.senate.gov and http://www.house.gov and file a complaint with your state representative as well as your state Attorney General's office. They have to keep a record of ALL complaints and act on them. This company has been doing illegal foreclosures as wells illegal fees and it's time to put our government to work for us! Afterall, we are the ones to elect them to their office and our tax dollars pays their check! It's time for them to go to work and do what we put them there for...protect us and fight for our rights against big corporate america companies like this one!"

    0 Votes
  • Jk
    jksurf Nov 17, 2009

    It totally unreal what they are doing to me . They sent back a lump sum of money then foreclosed on my home . When they first purchased my mortgage they raised it from 290/month to 439/month saying they would pay the taxes . My taxes are only 600 / year. WTF.

    The first mod was 472/ month for 3 months . Then they said I had to pay lump sum 1800. I did as they asked never missing a payment .

    They then said I had to pay 640/ month for for 4 months at the end of which I had to pay lump sum 1800 again.

    Now they say i have to pay 572 for 4 months and they will consider modification.

    I really was never behind more than 2 months . I beleive i am being prayed upon because my credit sucks and they know i have no choice but to pay what they say.

    I am losing my mind suggestions can be sent to jkstraffic at gmail dot com

    0 Votes
  • Hw
    HWitwicki Nov 04, 2009

    Sign me up! my adjustable rate went from 8.25% up to 10.25%... really, who can afford 10.25% interest rate! I signed papers w/ them aug 13, 2009 for a fixed interest rate of 6%, homeowner's insurance and town taxes included in payment. I followed through w/ the whole agreement, they haven't paid my homeowner's insurance. they now say they are changing their agreement, want me to send in a contribution of $2300, pay my homeownerns insurance, home owners insurance was accidently included but was not suppose to be, but they lowered my interest rate to 5.375% and to make my contribution by dec 1 and first payment my jan 1st. if I do all this, will they come back w/ something else? I mean, once you both sign something, isn't an agreement an agreement? I would love to sue their #! everytime I talk w/ someone, I am given a different answer w/ different information. it's friggin stupid! someone, who is willing to make their payments shoundn't go through so much hell to keep their house! they should see what the suicide rate is w/ people who have mortgages w/ asc!

    0 Votes

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