This is the letter sent to EMC Legal Dept so that they won't be a victim of a lawsuit since Conseco sold them a fraudulent loan.
Ronald G. Kilman
Jeannette F. Kilman
7326 Potters Trail
Austin, Texas 78720
April 28, 2009
2780 Lake Vista Drive,
Lewisville, TX 75067
EMC Loan Number: [protected]
We just received a letter from EMC Information Counselor for what was considered a mortgage loan. This loan is not a mortgage loan, it is a fraudulent loan that Conseco/GreenTree sold to EMC. In March 2002 we refinanced our home with Conseco. At that time the agent that was handling the mortgage loan asked us to consider a $10, 000.00 Texas Side Loan so he would get a bonus by getting us to accept the loan and that he would give me a $100 Sears gift card, which he did. After we did the mortgage loan, we were told to go to the Conseco Office in Southwest Austin to sign the Texas Side Loan. The agent was not there and the loan signing was monitored by a Mexican woman. Once we had signed the $10, 000.00 Texas Side Loan, Ronald was told to go to the front desk to get the check. I waited in the room with the Mexican to get our copy of the Texas Side Loan paperwork. She called another Mexican woman into the room, handed her the paperwork, and told her “viente” and I said, “No, diez!” since the loan was for $10, 000.00, not $20, 000.00. We were never given a copy of the loan paperwork at that time and told it would be sent to us which it never was. I called the office so many times after we signed the loan but the phone number had been disconnected and the agent that handled the mortgage loan wasn’t in Austin anymore. We began paying the $346.33 in April 2002 and then every month.
Several months later, we received a letter from GreenTree telling us to send the $346.33 payment to their address which we did. Then in May of 2003 we received a letter from EMC stating that we needed to send the $346.33 payment to them which we have done every month and have paid over $27, 000.00 now. We refinanced our home with AmeriQuest when we were told that Conseco was out of business in 2003. Everytime we have refinanced our home EMC has been called and the agent was told that the loan with EMC was not a mortgage loan, it never was.
I got in touch with EMC in November 2008 to find out when our loan was going to be paid off and then I was told it was a $20, 000.00 loan with a 16.9000% interest rate which was not the truth. The $10, 000.00 Texas Side Loan had a 6.9% interest rate. I contacted the Texas Attorney General Office for help in dealing with this fraudulent thing that Conseco did by selling this loan to EMC and the Texas Department of Savings and Mortgage Lending office, Bill Poe, Investigator, tried to help us with this fraudulent thing but since they dealt with mortgage loans and the Texas Side Loan was not a mortgage loan, but a noncollateral loan, they were not able to help us but told us to hire an attorney to file a lawsuit against EMC for this problem. That would not be fair since EMC is the victim of a fraudulent loan sold to them by Conseco/GreenTree.
My congressman will deal with this problem unless EMC will be able to deal with this issue and allow us to cease being the victim of this fraudulent $20, 000.00 loan. EMC sent me copies of the loan they were given by Conseco/GreenTree which showed the loan to be $20, 000.00 and signed by us, but the page with our signatures was the end page to the Texas Side Loan for the $10, 000.00 that we signed in March 2002, but apparently the Mexicans changed everything and never sent us a copy of the Texas Side Loan we signed. Since we have already paid over $27, 000.00 for the $10, 000.00 Texas Side Loan perhaps we can have some of our money back. It is horrible that Conseco/GreenTree would do this sort of thing to EMC and it has been hard for me to get in touch with anyone at EMC because of the way the EMC phone is set up.
I am now disabled and it is very hard for me to deal with this issue. I spoke to Mark Kasak last week and he asked me to write a letter to the legal department to explain the fraudulent situation created by Conseco/GreenTree that we both have been victims of.
Please let me know what we can do to solve this miserable fraudulent situation.
Ronald G. Kilman Jeannette F. Kilman