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ASC... I did not choose them nor do I want to keep them

January 14, 2008

I have a question and concern regarding the canceling of my mortgage escrow. I was told by America's Servicing Company escrow dept that I couldn’t cancel my escrow. I have been dealing with them for a month and a half. They are a shady company and found out that Wells Fargo Bank owns them. I would like to cancel escrow and pay my own property tax. At one point there was over $4,000 of my money in escrow before paying my Nov 2007 tax. Who gives them the right to say who can cancel and who can? This will help me financially, since the lost of over $45,000 in equity and property value on this home dropped, since last year. I have requested this week for a Legal document of their Policy & Procedures, since I have no information or documents on this company because when I brought this home in March 2005, it was sold to them and they stated that they do not do re-financing. There address is( P.O. Box 10388, Des Moines, IA 50306-0388 and phone #1-800-842-7654 or 1-866-453-6315.) I am interested in re-financing and get from under this organization, but I feel stuck due to the amount owed and home value with this bad market. They claim that they can not work out any other financing since they are only a servicing company. I did not choose them nor want them. I do have a full time job over 40k and looking for a part-time or something to supplement my income. Also have an online business that has not been generating enough money. I would appreciate any help or suggestion.

This entry was:
Posted By Darin at 02:06 PM
Comments (20) | Categories: Americas Servicing Company, Wells Fargo, California Foreclosure | Tags: americas servicing company wells fargo california

Related Entries

  • Should not file chapter 13 bankruptcy? - March 1, 2007
  • Wells Fargo said the investor does not allow Loan Modifications... is that right? - April 10, 2008
  • ASC told me they were just a servicing company and that they could not help me - May 7, 2008
  • We failed to get this worked out our own - February 12, 2007
  • Is Wells Fargo puposely trying to confuse us? - February 1, 2008
 

Comments

THIS COMPANY IS THE WORST.WITH ALL THE COMPLAINTS THEY HAVE,THEY ARE DOING SOMETHING ILLEGAL,NOT ALL THE PEOPLE THAT GET STUCK WITH THEM.SOMETHING HAS TO BE DONE
Posted By BOBBIE on January 22, 2008 at 11:13 AM
In Regards to the previous comment with the subject line of ASC... I did not choose them nor do I want to keep them- Working in the real estate/ title business I can tell you that unfortunately when you bought your house and signed those 1,000 documents the day of settlement I can almost assure in one of those documents was a disclosure from your previous mortgage company that stated you were required to Escrow your taxes. When a mortgage is bought out by another company like yours was all the same rules still apply to the new company. If you were a first time home buyer it is mandatory for you to escrow your taxes. (At least this is all true for the state I live and work in and I am pretty sure these rules apply to almost all states.)by requiring you to have an Escrow account through your mortgage company it lowers the chance of your home being put up for tax sale which means the mortgage company has less of a chance of losing profit from your home. Also, most companies will give you a lower interest rate if you choose to Escrow your taxes (not that it is that much of a difference, but every point counts).

Please don't get me wrong or think I am standing up for ASC because I have just as many problems with them as everyone else does. but unfortunately if you did sign that document at settlement, you are locked into escrowing your taxes until you do refi. And believe me, if a mortgage consultant wants your loan to go through bad enough they have enough connections to get an appraisal at the value needed. It may sound not so honest but unfortunately very little in the real estate business is!
Posted By Megan on January 28, 2008 at 12:06 AM
My loan was sold to ASC. I hate them. Some of the customer no-service people are very argumentative. They charge to make payments online $10.00 and phone $20.00. Ridiculing. If you're late on a payment they charge for an "inspection" to see if you still live there, another $15.00. Just try to find a way to pay online. They have another website to make payments. But you have to call them to get it. I HATE them.
Posted By Jim Gordon on March 13, 2008 at 08:31 PM
My loan was also sold to ASC. Last year we had a bout of financial trouble and called them right away. They agreed to do a loan modification and advised us not to pay our mortgage payments until the modification was complete. They declined the loan modification twice, and during that time sent us to foreclosure for not paying our mortgage. We barely escaped foreclosure after they finally approved the third loan modification and we were able to catch up, but not before they had tacked on $13,000 in fees to our principal balance, and ruined our credit. I've tried disputing the ASC reporting through the credit bureaus with no luck, and now it's impossible for us to refinance. If anyone has any suggestions, I'd love to hear them!
Posted By Jackie on March 19, 2008 at 03:18 PM
I was a first time home buyer and have to say that it is the absolute worst decision I have ever made. Had I been with any other mortgage company it would probably be alright but having ASC is a complete nightmare. I have been dealing with ASC for 25 months and it has been the worst 25 months of my life. This company has created a living hell for me and I will not allow it to run my life any longer. I have had them attempt to defraud me with incidents such as saying they did not receive payments even thought the money was electronically transferred every month the same day and recorded with the bank and with ASC and they have they audacity to drag out the so called delinquent payment for over 7 months with fees and harassing phone calls and letters. Eventually after proving inside out and upside down that I have paid the ridiculously high monthly payment, ASC finally credited my account. There was no way they could scam that one from me but they are creative and have found other ways to steal from me. My loan was in double digits to being with which has left me unable to pay the property taxes (taxes which incidentally I was told were included in the initial loan and of course were not. The mortgage payments have been more than my monthly income leaving me unable to pay the added unexpected taxes). ASC was so kind and set up an escrow which has added more than $1100 per month for 12 months for $3000 tax. That adds up to $13200 for $3000 taxes. Could I expect anything less at this point. I have been desperately trying to refi since day one of the loan (sold to ASC shortly after being established for a first time buyer). ASC has completely refused. Now with all the publicity regarding sub prime mortgages, ASC has decided all of a sudden that I may qualify for a loan modification for a fee of $2169.69. Nice, way to help when your down. I already pay $3900+ per month just to ASC for 700 square feet and my monthly income is $4200 per month. The math is easy. I have no money ever to even go to the grocery store or gas to drive to work. I work 13 miles from work and not having money for gas I ride a bike. What if I were not physically fit enough to do so, with all the stress ASC has caused me I will not be able to much longer. I have countless letters from ASC that are in reference to conversations they must have had with other customers because they do not have anything to do with the facts of the dialogs that led to the letters. It is amazing to me that this company can still be in business. I am currently planning to stop making my payments and hunt for a lawyer to make sure I am not screwed even more than I already have been. I could pay for the next 40+ years and never pay the balance of this loan. I have already drained my 401K and all other savings I had (HAD being the operative word) to pay the mortgage. No one should have to live like that. I tried desperately to do the right thing and negotiate with ASC to created a better situation so that I could continue to be a good faith customer (despite consistently being treated poorly from ASC). ASC has no interest in keeping a good faith customer for decades to come, they would prefer the foreclosure which would in reality cost them in the end. That is how ASC operates. I would like to file suit against them. After seeing the record number of people dissatisfied and lives affected by the ASC, I would like ASC to pay for all of us. If there is any way to organize a class action suit, I would love to get ASC back for the life they have stolen from so many people and families.
Posted By Julie Webb on March 25, 2008 at 01:59 AM
I don't understand how they get people to work there and treat customer that way. I was once fired because I told a customer a sink was installed incorrectly and then later refused to tell them I was wrong. In effect to lie to them. The only way companies can do these things is because the employees don't stand up for what is right. They just say I'm only doing what I'm told. Didn't the Nazi's say something like that. The leaders can only lead when they are followed.
Posted By Jim Gordon on March 25, 2008 at 02:35 AM
If you wish to attempt to file a complaint/ suit against ASC you need to contact the Attorney General in your state. As far as everyone filing together, I'm not sure how that would work since everyone I'm sure is not from the same state. but contact your Attorney General and see what they say before you stop making payments and lose your home.
Posted By Megan on March 25, 2008 at 12:40 PM
I am also a customer (not a lawyer) of America's Servicing Center (aka ASC) and have been reading on numerous message boards about the same situations over and over with customers of ASC. Such as Incorrect information given, misplaced payments, false information, lies and downright fraud.

Many other posters have mentioned an interest in a class action suit, so if you are a client of ASC and are having problems with them please email me (just once) about your situation and what ASC has done or failed to do. Please include the following information: First Initial and Last Name, City & State, When you got the loan with ASC or when they bought it, If you are behind in your payments how many months. And then your story. DO NOT SEND ME ANY PERSONAL INFORMATION such as account numbers or ss#!!!

I figure if I can get enough people together I can then (hopefully) find a lawyer to help with a class action suit. I am not guaranteeing anything and I personally cannot provide any type of assistance. I am not a lawyer, I am just in the same situation as many other people. We must come together to fight this company!!!

Please email your story to asccustomers@yahoo.com
Posted By ASC Fighter on April 16, 2008 at 10:04 AM
I am a lawyer and would be interested in filing a class action lawsuit on behalf of a group. it is a long process however and you should know that up front. It takes alot of paperwork to file a class action and the evidence needs to be done prior to filing so deadlines can be managed effectively and the case not dismissed. The requirements for class action are specific but it sounds like the banking industry is due one to reform mortgage and lending practices.
Posted By Colleen M on April 22, 2008 at 09:29 PM
Class Action against ASC...Sign me up, my email is j_a_w_23@yahoo.com,
please email how you would like to contact people. I have a couple
others who qualify for this class action cause. I know it is a long
process but it is long over due with all the laws protecting the lenders even when they are in violation. I am so tired of fighting ASC/Wells Fargo alone. They never do what they say. They are a foreclosure mill and it is wrong. There is no protection for the home owner/borrower. It is about time someone called this company out on all the atrocities they commit daily. The biggest issue with ASC is the mistakes with dates on letters and anything that has a number. They make so many mistakes that cause people to end in foreclosure b/c they have no idea how to fight back. ASC's errors are clear and if called out can result in so many people keeping their homes.
Posted By Julie Webb on April 23, 2008 at 03:11 AM
I have to add that I filed complaints against ASC and Wells Fargo over a month ago with BBB, Attorney General, Federal Trade Commission, and CORP.gov. The only feed back I received was what I already know. If you cannot make payments b/c the loan is 93% of the net income is ridiculous. I should never have signed the loan in the first place but was coerced by an even more shady broker who really had my back (kidding of course). I am now in this regardless of how it all happened and you would think that a lender would consider a person with more than tow years of paying on time over 90% of net income that it would be rewarded. It is only rewarded with increase rates and shortage escrows. They have no conscience and believe me I have been told so many times now that they do not have to have a conscience and do not have to help anyone. It is contract law, they are not obligated to change the agreement regardless of the fact the payments are not realistic. It is the broker who is responsible for that. However, the lender (ASC/Wells Fargo) claims to be accommodating and does receive the low Federal Rates designed for this very reason, to pass to those affected thus allowing the home owners to survive and contribute further to the economy. That was the purpose but ASC/WF has no intention of such things. It has to change in legislation where the protection is shifted to the borrower and less on the predatory subprime lenders.
Posted By Julie Webb on April 23, 2008 at 03:26 AM
I have an ongoing case against ASC, Wells Fargo, Loanstar Trustee Services etc since 12/12/06. Everything the others are saying, I'm fighting. There are California laws they are violating, and in a mediation meeting they said they do things their way, and don't really pay attention to regulations and statutes. They have never answered a qualified written request with other than a foreclosure action.

I'm available to provide details. Email me at rdsatre@netzero.net and we can discuss. But as I am 18 months into 11 causes of action, and more to be added with supplemental complaint, I'm not sure I can participate as I'm already ahead. I spent over $12,000 in legal fees, so have had to go pro per with some legal consulting.

check the Fairbanks Capital case for a reference complaint
Posted By Rod Satre on April 23, 2008 at 05:09 PM
ASC bought the loan that we originally signed with another company. I hate the way they have treated me and my family. WE had never been behind on a payment, until they got a hold of the loan. the first month they had it, we did not even know, we were still sending payments to the other company. When we found out from a phone call from the original lender, we called ASC they were rude, hateful, and negative, they said that because we were late that was a $57.00 late fee, we was not late, we were not informed. Since then, they have tried to foreclose on the home twice, the first time without merit, we was not behind, so they said they made a mistake, the second time we was behind a month, the month that we was behind cost me $12,700 in a month of payment, and THEIR legal fees, and now they have raised our payments by $400.00 a month. I can not keep paying $1350.00 a month, when i signed for a $951.00 payment, and on our credit report they have us as two months behind, so NO ONE will refinance until they say we are caught up, i pay a week early every month, and i don't know what to do. This company has SUCKED the life out of me, and ruined us financially. I don't know what to do. Someone help us please. We have also requested from them 6 times a payment sheet on the money they have received, and they won't send it.
Posted By d graybeal on May 09, 2008 at 02:42 PM
THE COMPANY SUCKS IS AN UNDERSTATEMENT. SOMETHING HAS TO BE DONE WITH THEM. I AM WILLING TO JOIN WITH EVERYONE TO GET THIS COMPANY. I STARTED OUT WITH A PAYMENT OF 845.00 AND NOW I AM AT A PAYMENT OF 1495.00. PLEASE SOMEONE TELL ME THIS IS LEGAL. HELLO..... I AM STRUGGLING TO KEEP MY HOME BUT I AM GONNA KEEP ON AS LONG AS I CAN. PLEASE HELP....
Posted By tammy on June 19, 2008 at 05:58 PM
Another victim of ASC. Attempted a loan modification- during that process they attempted to foreclose. I drained my 401k to save my house. It was a nightmare. How are they allowed to do business this way?
Posted By KAR on June 24, 2008 at 01:39 PM
I am a borrower and a lawyer. I have had it with these people. There does not seem to be any way to deal with them outside of the courtroom. I am interested in being in contact with other persons who have had a similar experience. ATP@atphillips.com
Posted By Arnold Phillips on July 01, 2008 at 01:47 AM
ASC has tacked on an extra $239 per month for their snake-oil "wind insurance". There has been no official letter other than that I needed proof of coverage (which my insurer has faxed over numerous times. Count me in
FL2TUCSON AT YAHOO
Posted By Bill in Tucson on July 06, 2008 at 09:29 AM
When they bought our loan they added property insurance to us for $3000.00 because the old mortgage company didn't pass it on. They demanded we catch that up to take anymore payments. Because I kept faxing and mailing them proof of my own property insurance and didn't pay them the $3000.00 they stopped taking payments and put us on a payment plan. When they finally acknowledged my insurance I was told I would be credited but only got part credit and needed to pay the whole balance past due. Every time I called I was told the wrong thing and ended up in forclosure. I immediately called and set up to pay the entire past due out of my husbands 401k. I set up the payment over the phone and waited for the money to come out of my checking account but it never did. I called and they said they sent it back to forclosure again which just cost another $2000.00- I have been accidently sent to forclosure 3 times now and NOW again, they are trying to buy me property insurance again!!!@@@
Posted By Sheila in Minnesota on July 07, 2008 at 04:14 PM
i need help dealing with this company from hell please someone contact me they are the rudest company i have ever in my life delt with they are trying to get me to short sell i need help fast!!!!
Posted By teresa a on September 12, 2008 at 04:03 PM
I have had nothing but trouble from this company. They took over my loan 1 month after I refinanced and it has been Hell. I would like to hear from others that have had problems with this company and what they are doing about it. I would like to refiance but with the economy the way it is I'mnot sure it that is possible.
Posted By tracy on October 02, 2008 at 06:53 AM

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