America's Servicing Company / Questionable practices under fair debt collection practices act

United States Review updated:

ACS doesn't operate according to Security Instruments. 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 claim for delinquency. Also, they breach the mortgage contracts when they foreclose 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. 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 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 trial lender always receive the partial payment on time ), 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 lender is smart and applies the payments that were in the holding account within reasonable 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. The mortgage system of the past 8 years has been a complete Ponzi Scheme. Look into on your own time if you don't buy it. Also, 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.

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  • So
      24th of May, 2010

    I agree with this article ASC sold my home in the process of what I thought it was a loan modification. I made all my trial payments on time and i took them 4 months to give me an answer without any notice requesting $3500.00 dollars for my modification and because I didn't have it they denied and advice me to reapply again, I reapply again and called a week later for an answer and I was informed that my home was sold. I tried rescend the sale and they also denied that. I really would love to stay in my home but dont know what to do. Any suggestions anyone

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