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Americas Servicing Company / Loan modification fraud

1 MO, United States Review updated:

I applied for a loan modification after the death of my husband in September of 2008. After over 1 year and hiring a 3rd party I was mailed the loan modification approval letter and the new terms of my loan in October of 2009. I read over all the paperwork signed it and returned it the same day. According to all my paperwork I was to make a contribution payment of $0.00 to get my loan modification started and my new payments would start in December of 2009. I made my new payments in December and January. On January 4th 2010 I received a phone call from a collection agency telling me that I owed $762.38 to America's Servicing Company for my contribution payment on my loan modification. I reread my paperwork to make sure I hadn't made a mistake and called America's Servicing Company. I asked the representative I was speaking to to read my paperwork they had sent me. He read over the paperwork and told me according to may paperwork I did not owe a contribution payment and that this issue would be resolved. In the meantime I received a letter from America's Servicing Company that stated I was denied my loan modification and removed from it due to non payment of my contribution payment and I owed almost $8, 000.00 to keep my home or I could reapply for a new loan modification. I once again called Americas Servicing Company regarding this and get the same answer according to may paperwork I didn't owe a contribution payment and was assured this matter would be resolved in 72 hours. Its now almost 2 months later and my home is now in active foreclosure, they won't even except my February payment. I faxed them all the paperwork they sent me and I signed, but was told they would not honor the agreement. I have since contacted an attorney and all the news stations around my area. I'm ready to fight them all the way. Anyone who is interested please contact me via email. I would love to hear from you. They are crooks and its about time someone stood up to them. The attorney tells me they get away with this kind of stuff because most people just pay the money and go on and thats how these mortgage companies are making there money...I may be from the country but I'm no FOOL...I have kept copies of all my paperwork...I'm going after them no matter what anyone interested in a class action please contact me.


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  • Je
      18th of Aug, 2010
    0 Votes

    Hi Michaela...just curious to see how it was going with your class action suit. Here's my story:
    I have been fighting with ASC for the past year and a half and finally recieved a loan modification agreement yesterday. This is what they did for me: rate stayed the same at 6.5%, dropped my P&I by $16, added over $17, 000 to my total loan amount and added 10 years to the terms of my loan. When I bought my house my loan was a conventional loan, fixed rate, fully documented and I purchased it for $139, 990. I never re-financed to pull cash out…I simply lost my job like 90% of America and had to settle for a job that paid less. I filed for a chapter 7 BK late 2008 but kept the house. I didn’t re-affirm my debt but tried my best to keep with the payments. I was never late on my mortgage until early 2009. And now I’m backed into a hard place…I trully want to keep my house, but that payment is still not affordable. My house is only worth $60, 000 as of today, logic states to let it go…but that’s such an easy way out!! After the 18 mth battle I’ve gone thru I feel like throwing my hands up in the air and just taking the offer.
    My documents ask for $800 now (supposed to be 1st month's payment minus funds in floating account) but my documents state my first payment is due Oct 1. I called ASC and the rep stated those funds aren't due now, they are due Oct 1 and I can wait to send until then. After reading your story I'm afraid they may do the same to me :(

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