America's Servicing Company / Trying to sell house to avoid forclosure from this company!
I know this is very long, but please read our story, we are desparate for some guidance on this one,
My husband and I had a mortgage with Mortgage Lenders Network before it was sold to ASC. It has been a nightmare ever since. My husband had a pay cut of about $2000/month at which time I went back to work full time. We were having trouble making ends meet so we decided our only option was to sell. We spoke with representatives from ASC several times to notify them of our intentions, we were told not to make any mortgage payments for the next 5 months as we were being considered a hardship case, if the house did not sell by the end of the fifth month then we needed to resume payment again to avoid foreclosure.
We got a buyer 4months into the hardship case and a closing date was set or 08/17/07. After gathering all of our paper work together, the attorneys office contacted ASC approximately a week and a half before the closing to get the pay off amount. Excuse after excuse began to flood in from ASC-it will be expedited, you will receive the pay off tomorrow, it's been sent, we can't fax the pay off amount, your client has to give us written permission to talk to you, etc, etc. The pay off amount for the mortgage came in the day of the closing 45 minutes before the closing was scheduled for.
The closing never happened because the pay off amount came with $20, 000 in fees. ASC was charging us all kind of late fees, a prepayment penalty fee and various other fees...our original mortgage didn't even have a prepayment penalty fee.
It is now October 22, 2007 and we were able to hold onto the buyer until this past Monday when she could wait no longer...
NOW we are in foreclosure, ASC will not budge on negotiating any type of settlement price saying WE are not cooperating with them!
All we wanted to do was sell our home to get out of this nightmare of debt, we weren't looking to make any money on the sale simply break even....Which all could have happened if ASC had tried to charge us the prepayment penalty, they would have received more than was owed on the note, upwards in the amount of $10,000+ but they refused to even talk to our attorneys office.
To make matters worse, yesterday in the mail we received a notice of default from the Hartford Superior court for failure to appear--We never even received anything about going to court, don't know when it was supposed to be or what it was for!!
If anyone can offer some advice we would greatly appreciate it.
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