Bankruptcy did not stop my foreclosure
December 19, 2007
I filed chapter 13 to save off a sheriffs sale, have since missed 3 payments according to the mortgage company sent payments to wrong address and they have since been returned.
Comments
You must contact your bankruptcy lawyer immediately.It is illegal to foreclose under such circumstances. Who told you where to send the payments? Also they cannot add late payments due to the fact you are in bankruptcy. Call your lender, tape the conversation for proof. Tell them of this simple mistake of wrong address. They also have to make a motion before the court in order to proceed. It would release the automatic stay placed on them. Let me guess your dealing with wells fargo? Hmmm countrywide? These banks are notorious for improper procedure. Call acorn. or go to their website. they can intervene. acorn.com
Could you help me. We have Homeq as our mortgage company. This is our third. First when we got the loan it was with Equifirst. We made a payment in December and then was told that Countrywide had us. During January and February a payment got lost from Equifirst. I have letters upon letters from them saying we paid them. Then in June Countrywide sold us to HomeQ. We had to in November file for Bankruptcy 13. We got behind with HomeQ. Unfortunately we have a subprime loan which will go up in December 2008. I have asked Homeq about a loan modification. They claim that people in Bankruptcy are not qualified. I do not understand. I have written the CEO about a check that was returned to me in February. They accepted a check in January, but when I sent a check in February they would not take it. They claim that I had 3 checks that did not clear. Well, my bank took responsibility of one of those times. Then in November we changed banks, because someone got our checking account number. They claim we are on certified funds. Why would someone send a payment back to us. That does not make sense. This is what I wrote to the CEO on the 19th of March. I still have not heard from him yet. Any suggestions of where to go to get a modification and what to do about the payments. The letter below is what I sent Mr. Lyons and Mr. Belcher. They have not responded to me yet. No phone calls or email. Any suggestion would be helpful. Thank you for your help. Mary Morton
I have a problem with Homeq. This is regarding loan 0326517281. First I emailed you concerning a check they sent back. I have been conversing with Tamme Fair and Christine for about two weeks. They said that the computer is the problem. That it will not let me write a check. I have explained this to them several times. We wrote a check last year and it did not clear. My bank wrote a letter to you and I faxed it over. I do know that we had three checks that did not clear. One was our fault. You have the letter for the other. The one in November, as I explained to her, was that someone had gotten our checking account number and we had that account closed. We are now with a different bank. Tamme says they do have the letter. She was trying to get the cash department to take the certified funds off. That is what I was told on Monday, March 17th. Well, today, March 19, 2008, she says that I am still on certified funds. She said that the computer has it on there. I work on computers and there is a way that it can be taken off. This is very very frustrating. I mailed the check overnight and that cost $17.00 to do it. Then I get it back. I now have to go and spend gas to go ½ hour away and spend more money to send it certified. Gas is very very expensive, as you know. So for this one check that has come back I would have spent almost and extra $50.00 to pay that mortgage. I wrote a check in January and Homeq accepted it. I wrote one in February and it was sent back. I do not understand why a check would be sent back to me, when I am trying to make a payment. It took along time for this to come back. I just received it today on March 19, 2008. None of this makes sense to me. Now we are in Bankruptcy and I was told that you do Loan Modifications. But now it is for only people not in Bankruptcy. That does not make sense at all. The people that need it, is the ones that are in Bankruptcy. Our loan has an ARM and we need a loan Modification. I spoke with my Attorney and he says that Homeq can do it. All we have to do is call him and send paperwork over to him and everything will be fine. All everyone keeps saying is that computer cannot do it. None of that makes sense to me either. The only reason we went into Bankruptcy is because of medical hardship and other problems. If it were our choice, we would not be their. I have tried with Homeq. We are trying to do what is right, but we are being blocked in every way. I would like for you to call me. I do not want to speak to anyone else, but you. I just feel like, I am being pushed aside because of all this. Paying a mortgage should not be this hard. They are saying that I cannot write a check until May 6th. I do not see why we are being punished for something that was not our fault. It has been a very trying several months. First we had Equifirst. I faxed you letters about us paying that current bill with them. Then we had Countrywide. Countrywide lost two of our payments. We do not know where they went. I was told that homeq could not go back to Equifirst and talk to them. But I faxed you letters upon letters about that payment. We made it in December 2006. You have that letter also. There were like three letters from them. That should be sufficient.
I have a problem with Homeq. This is regarding loan 0326517281. First I emailed you concerning a check they sent back. I have been conversing with Tamme Fair and Christine for about two weeks. They said that the computer is the problem. That it will not let me write a check. I have explained this to them several times. We wrote a check last year and it did not clear. My bank wrote a letter to you and I faxed it over. I do know that we had three checks that did not clear. One was our fault. You have the letter for the other. The one in November, as I explained to her, was that someone had gotten our checking account number and we had that account closed. We are now with a different bank. Tamme says they do have the letter. She was trying to get the cash department to take the certified funds off. That is what I was told on Monday, March 17th. Well, today, March 19, 2008, she says that I am still on certified funds. She said that the computer has it on there. I work on computers and there is a way that it can be taken off. This is very very frustrating. I mailed the check overnight and that cost $17.00 to do it. Then I get it back. I now have to go and spend gas to go ½ hour away and spend more money to send it certified. Gas is very very expensive, as you know. So for this one check that has come back I would have spent almost and extra $50.00 to pay that mortgage. I wrote a check in January and Homeq accepted it. I wrote one in February and it was sent back. I do not understand why a check would be sent back to me, when I am trying to make a payment. It took along time for this to come back. I just received it today on March 19, 2008. None of this makes sense to me. Now we are in Bankruptcy and I was told that you do Loan Modifications. But now it is for only people not in Bankruptcy. That does not make sense at all. The people that need it, is the ones that are in Bankruptcy. Our loan has an ARM and we need a loan Modification. I spoke with my Attorney and he says that Homeq can do it. All we have to do is call him and send paperwork over to him and everything will be fine. All everyone keeps saying is that computer cannot do it. None of that makes sense to me either. The only reason we went into Bankruptcy is because of medical hardship and other problems. If it were our choice, we would not be their. I have tried with Homeq. We are trying to do what is right, but we are being blocked in every way. I would like for you to call me. I do not want to speak to anyone else, but you. I just feel like, I am being pushed aside because of all this. Paying a mortgage should not be this hard. They are saying that I cannot write a check until May 6th. I do not see why we are being punished for something that was not our fault. It has been a very trying several months. First we had Equifirst. I faxed you letters about us paying that current bill with them. Then we had Countrywide. Countrywide lost two of our payments. We do not know where they went. I was told that homeq could not go back to Equifirst and talk to them. But I faxed you letters upon letters about that payment. We made it in December 2006. You have that letter also. There were like three letters from them. That should be sufficient.






