American Home Mortgage Servicing — they are trying to rip me off and foreclosure
Here is my story and why I’m asking for help:
In 11/2006 we had falling behind on our payments due to my husband changing jobs. He is a deputy Sheriff for Riverside County and went from in the jail out to the streets, but before doing this there was 16 weeks of training that no over time or extra days to pick up could be done. We had tried to talk to Option One but for a long time we had to speak to people that we could not understand and had to fight with them to get to talk to a supervisor, but finally we did get a supervisor and the only thing that they could work with us was a payment plan. Our payment went from $1550.00 to $2098.00 (now if making a $1550.00 payment was hard how can they think we could afford a $2098.00 payment).So to keep our house we signed the new contract. We made the payment every month even thru the holidays when money was very tight and our kids had to have a very very small Christmas.
In 11/2007 we made our last payment of the payment plan, when Option One called us and told us that sometime in the middle of our payment plan that our interest rate had gone up, and now that we owed $10, 000.00 or they were going to foreclose on our home again. When we asked what that was for they say that even though we was in a signed contract that said that our payment was $2098.00 a month that the interest rate had gone up but that because of the contract they still only charged us the $2098.00, but that the extra amount of payment that was not paid due to the payment agreement was just adding up behind the contract. So we tried everything we could to get out from under Option One but no one would touch our loan because Option One had reported us late the whole time we were in the payment plan which jacked our credit up. So we did a loan Mod with them and our payment were $2098.00 and was to start on 02/2008 and that we had to make the payment to them thru Western Union Quick Cash (which was $12.99 fee every month). And that there was a 3 month no payments at the start of this new loan mod, ( to help get us ready for the new loan, is what the company told us).
From 02/2008 thru 06/2008 we made our payment to them for the amount of $2098.00, In fact in February we made 2 payments, by mistake so when I called them about the second payment they said yes they caught that and that it was applied for the March payment because they could not refund the extra payment, I said that was find and they said ok, so don’t make March payment just start making payments again in April, but in June they rejected our payment saying that we had not made a payment to them since 02/2008. But when you go online to their web site it showed our payment, we have every one of our receipt showing that we had made our payment. When we showed them our receipts they then came back saying that our payment had gone up due to impounds for the taxes and insurance, but the $2098.00 was suppose to include the taxes but the insurance we have paid for and still pay for separate. They then said that our payments went into a special account not into our account, but when I said then give back our money and we will put toward a new place to live they said they couldn’t do that because then that would be saying that we had been able to live in the house for free all of those months, but I said but that’s what you are saying, so give back my money. Now when we call they are saying that we owe them $10, 000.00 in attorney fees for the foreclosure that should not even happen. They told us that we must agree to pay them $15, 000.00 or our home is to go to auction.
So I started talking to Option One about this problem and, in 06/2008 Option one was sold to American Home Loan Services that told me that they were so sorry that there was problems that to bear with them that when they bought this company they had picked up a lot of problem accounts that they are trying to fix and they put my account on hold. But then in 10/2008 without any other notice we had a guy show up at our house with the notice of foreclosure sale date for 11/2008.
I was able to get this postpone and started talking to a Cheryl in the foreclose department I faxed over 28 pages of receipts and info to them 7 times. Every month from 11/2008 thru now they have reported us 120 days late our credit even though we were not. And even thru the 3 months that we were not suppose to make a payment the reported us late. Our loan is still on hold we still get getting the same answers as always (still looking into it). Now we were told on 02/13/09 by Cheryl at Option One/ American home loans that the office in Irvine CA is closing for good as of April 15, 2009 and that a new office will be opening up in FL. / and also one in Texas, so if we don't get this taken care of soon, someone else will have their hands in our file and it could get even more screwed up.
Also now it’s time to file taxes and they only reported that we paid $4700.00 in interest when in 2007 we paid $17, 800, And we never received a year end statement for our taxes, when I talked Option One/American Home Loans and spoke to Cheryl about this she said that I should have received a year end statement for $4700.00 and that she would reorder a new one for me, but that was 2 weeks ago and still I have not received anything from them.
In the beginning of 02/2009 Cheryl told us that after all the research into our loan that she had done, that she had found that we were right, that we should never had been put on the foreclosure list, but when she opened our account on her computer it still showed our account to be in the foreclosure list and that our account was still on hold. It also showed that it was pending a loan mod for the full amount we owed plus the $15, 0000.00 for attorney fees that they say we owe for the foreclosure, but no one from Option One/ American Home Loans ever contacted us about a loan mod. She then also said that we should not agree to a loan mod that included the $15, 000.00 amount due to the fact that this was Option One/American Home Loan’s mistake and should never have happen.(she said that if we do agree to this amount then we were saying yes that we didn’t make or payments).
In April 2009, They sent us a loan mod that had all kinds of wrong info on it, when we questioned it they couldn’t answer some of the questions. 2 months later they sent us another loan mod with the same thing on it but now they added more amounts so now are payment went high, they want to do a loan mod for 350, 000.00 when my house right now is around 240, 000.00 and our payment will take one whole pay check and a little under a half of the other pay check .and they gave us only 5 days to look at docs and sign them or they will put on house up on auction.
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