Our mortgage was recently sold from National City Mortgage to Green Tree. Most of the National City mortgages went to PNC, but a handful were sent to Green Tree, as in our case. A quick note, we have had this mortgage since 11/2007 and have never had a payment late or any issues. We are located in Maryland. Here is our problem now….
The amount that they are attempting to collect for our November payment is wrong (a couple hundred dollars more than what we should be paying). A gentleman called at the beginning of Novemer app. November 10-12 and asked how we were. He verified the payment and said he had not yet received our November payment. He told me the amount and I told him that that was the wrong amount. That amount was what it will be in January when our buydown expires. He then said to wait about 10 days and that by that time all of our paperwork would be in. If I did not hear from someone in 10 days, I should call back. When we first noticed this, we called immediately to speak with someone at Green Tree to explain why they were showing this amount. They told us that all of the documentation hasn't been transferred from National City and that they were waiting on more paperwork to come through. This paperwork inludes all of our loan information including escrow and previous payments made.We explained to them that we had a 2:1 buydown mortgage (our rate started at 5.35% for the first year, went to 6.35% for the second year, and then the third year through the life of the loan it would be 7.35%). We waited the week as we were advised by Green Tree to allow all the paperwork to come through, and called them back. They received all the paperwork but had no information on our mortgage being a 2:1 buydown, hence the reason they were showing the inflated payment. No one directly stated this until November 24 when someone finally pulled up the contract. Kayla, who I spoke to, looked at the information and compared it with the contract I had. Our contracts did not match. This is when she then said to fax the information. Previous people that I had talked to said that there MAY be a time when I would have to fax in proof of a buydown. Also, at this phone call and a previous one, Kayla and Rob were able to look at our payment coupons from National City and said Wow, you were paying a lower amount. They checked to make sure it was not an escrow increase and realized the escrow had stayed the same. In addition, our November payment was due at the beginning of the month, but the transfer of all our information wasn't in, so we weren't going to make the payment for the wrong amount, so we decided to wait, knowing our payment wouldn't be marked late yet….
Today is now 11/ 25 and they are still not budging, actually being quite miserable to deal with. We have spoken to about 8 different people and we have heard about 8 different things. I faxed them over documents from our contract showing proof of our buydown mortgage. The woman I spoke to today, Debbie, assured me that there is no way Kayla or Rob could have looked up my previous payment information. I assured her I was not l y ing and that they both had access to the information. She continued to tell me there was no way and I asked her to talk to Kayla or Rob to corroborate my story. She then said that I was in fact right and found the information under miscellaneuous. She did not realize we had used coupon books at National City. She said there was no way we could expedite loan processing and that we should make the payment if we could. I told her that we could not so her answer was that we would be reported and that I should call back next week at this time. Our #1 concern right now is we do not want our November payment to show as delinquent or reported on our credit as such, since we haven't made the payment yet, as it is the wrong payment. However, our faxed documents that I mentioned above, are now in Green Tree's loan processing department and that requires a 3 day turn around to make an adjustment if a discrepancy is found. This puts the decision coming through next week after 11/30, and thus our payment will show as delinquent, which we can't afford! We have asked, and asked, and asked, if this can be expedited to show the proper payment amount so we can make the payment before 11/30.
Another wrench in this whole ordeal is the fact that we have recently applied for the Home Modification program. Since our rate will jump to 7.35 in January, we tried to go the refinancing route, but our home didn't appraise for what we needed it to so we had to go the modification route. All the paperwork is in and all information is being analyzed, however, we will not get a decision for this until at LEAST the first week of December because they do not have our escrow amount from National City yet. If we are approved our payment will be adjusted immediately. One of the reps at Green Tree, who has been extremely helpful the only one who has been pleasent and direct to deal with, off the record, told us it would be smart to wait to send our payment through for Nov and wait and see if we got the mod, b/c if we did, our November payment would be adjusted. If this is the case, we do not have a lot to worry about but we will not know if we qualify until they receive our escrow information.
So we are left with a few options.
1) keep fighting and hope to get them to confirm the proper payment and send it in prior to 11/30.
2) send the wrong amount and hope to be compensated the proper amount
3) don't send a payment and see if they can reverse the delinquent account statement in which they will apply after 11/30 when they find out they are wrong (one of the reps said this can HAS been done, but I don't have much confidence in what they say).
4)Wait for the mod..if that goes through, we will be ok. But like I said, we may not qualify.
Is there any recourse or action that can be taken for all of this trouble that we being put through in this ordeal? We, feel like we have done nothing but have our mortgage transferred and are dealing with this for bad communication between the new/old lender. Any chance PNC/National City could help? Any suggestions/recommendations?