Benificial may force me to lose my home to foreclosure

This is my situation and it needs to be read carefully to fully understand how things have reached this point.

In December of 2006, I contacted my mortgage company Beneficial to refinance my home. At this time I owed approximately $91,000.00 dollars and was in good standing to refinance, (this is a very important point to remember). My home was valued at approximately $136,000.00 dollars. This meant that I had approximately $45,000.00 dollars in equity. I was going to use the equity money to refinance and pay my overdue taxes. I would like it to be clearly understood that I wanted Beneficial to do the refinancing so they would retain my business.

When I called to inquire about the refinancing I spoke to a representative named Miriam. She told me that I should wait because Beneficial did not do escrow accounts at his time, but that they would be doing so starting in January of 2007.

When I called in January to inquire about refinancing my home as per Miriam’s advice, I was told that I could not because there was an outstanding balance of over $11,000.00.

When I asked what the outstanding balance was for NO ONE seemed to know why. It was not until MAY of 2007 when I decided to refinance through Bank of America that it was discovered that Beneficial had paid my taxes plus late fees plus lawyers fees between December when I initiated this venture and January when I called back to inquire about refinancing as Miriam had advised. I was also told that because of the outstanding balance I was NOT able to refinance. WAIT JUST A MINUTE HERE. I WAS ABLE TO REFINANCE WHEN I INITIATED THIS IN DECEMBER OF 2006, BUT NOW BECAUSE BENEFICIAL DID THIS WITHOUT MY CONSENT I CAN’T REFINACE? THAT IS NOT A FAIR SITUATION.

Beneficial NEVER contacted me in regards to paying my taxes (that is what my refinance monies were for), they NEVER involved me in this decision. Beneficial took it upon them to pay my taxes and I was informed it was to keep me from losing my home to foreclosure.
However, instead of doing things the way I had initially planed, they took that $11,000.00 dollars and divided it up over a period of 12 months and added an additional $ 1,194.57 on top of my monthly payment and this caused my payment to jump to $2,152.50 per month. I do not know of anyone living on a budget who can afford that amount of an increase. Therefore, if it was Beneficial’s intent to pay my taxes to avoid foreclosure as they have stated, Beneficial will force me into foreclosure by increasing my payments and they do not seem to understand this.

When I attempted to make my payment in May of $957.93, Beneficial set it aside in “unapplied funds” because it was not the entire amount and it is still sitting there eight moths later. (if they accepted my payment at all they should have APPLIED it to my balance and not set it aside to draw interest).

Being the situation as it is. Beneficial has paid the taxes and has said I owe that money. OK, then do something that will allow me to pay it back and still keep my home that I have worked so hard to keep.

Here is what I propose. I would like to take that amount that Beneficial says I owe them (I am willing to pay the money) and put it on the back end of my note and this will bring me current and I can make my payments for a timely fashion in order to refinance since it is their doing that has got me here. I would like to have an escrow account so that taxes and insurance are paid. I know all major lenders do this in their workouts and if they really want to HELP me, this can be done.

I have been trying to resolve this matter for over a year and have sent an enormous amount of paperwork SEVERAL TIMES to Beneficial in the form of taxes, financial worksheets, hardship letters and other information that they have requested of me to assist me.
They have said they have lost my paperwork, didn’t have enough, needed this and need that, and every time this occurs it just puts me further behind. Can you see my dilemma and problem here? No one is trying to help and I am in receiving foreclosure notice from attorneys this week. If something had been done on their end instead of saying for months they needed different paperwork, I would not be in this predicament .

I AM ASKING AND PLEADING PLEASE ALLOW ME TO KEEP MY HOME.
Please keep in mind that when I started this in December 2006 I was not contacted by anyone asking for delinquent taxes, I was not in a foreclosure status and I was trying to do the right thing.

My stance is, that if the taxes and insurance are my responsibility because I DID NOT have an escrow account with Beneficial, then Beneficial DID NOT have aright to pay my taxes without my consent and put me in this situation.

I would like for Beneficial to be investigated for paying my taxes without authorization, taking money out of my bank account without my consent several times and charging me high interest insurance when I in fact had insurance at the time they charged me.

If ANY laws have been violated my Beneficial and it is possible, I would like Beneficial to be audited and pay my loan off in full based on violations.

I only have until February to get this resolved before they take my home once gain ANY help will be much appreciated.

I also have a friend who owns “TEXAS HOMEOWNERS ASSISTANCE”, a company that handles foreclosures and works in Loss Mitigation with all major lenders. He has been trying to work with Beneficial in my behalf since November 13th, 2007 and they have been giving him the same runaround.
Just to show you how they operate and waste time, here is a copy of his notes on my file. You can clearly see there is a problem here.

11-13-07 (4:00 PM) - Sent Letter of Authorization to Loss Mitigation Dept (fax # 732
352-7519)
11-14-07 (12:40 PM) – Spoke to Robin (Rep ID # 30652) who gave me a different fax #
813-571-8647 to send the Letter of Authorization. She obtained
my information for her records.
11-15-07 (12:30 PM) – Spoke to Chris who stated the Letter of Authorization had not
been received or the system updated.
11-16-07 (10:47 AM) – Called Customer Service and the office was closed.
11-23-07 (6:15 PM) – Faxed Letter Authorization “again” to Janette Napolean at
630-617-7529 (this is the third fax number given????). Her
Line is 1-800-585-3431
11-27-07 (10:13 AM) – Spoke to Bryan who put me through to Mrs. Napolean’s
voicemail. I left a message in regards to receiving the Letter
of Authorization. (TWO WEEKS HAVE PASSED AND NO
RESPONSE, THIS IS GETTING RIDICULOUS).
11-28-07 (4:33 PM) – Left second message for Mrs. Napolean in regards to receiving the
Letter of Authorization. I told her this was my second attempt to
Contact her.
12-06-07 (11: AM) – Finally spoke to Mrs. Napolean. She asked me to fax the Letter of
Authorization a third time due to not receiving the first two. I faxed
To a third different number 1-630-617-7145 and I had to ask her to
Stand there to avoid any further waste of time and she received it.
She stated the house was going into foreclosure on 12-18-07. She
Asked me to fax a copy of Mrs. Vickery’s check stubs she would
Se what we could work out. I will contact her tomorrow in regards
To this.
12-14-07 (11:43 AM) – Mrs. Napolean asked me to fax a copy of Mrs. Vickery’s pay
stubs “again” and a copy of her homeowners insurance to the
“HARDSHIP DEPARTMENT” at 1-888-778-3811 and to call
back Tuesday 12-18-07.
12-18-07 (3:18 PM) – Spoke to Stestonia and she said to fax a copy of Mrs. Vickery’s
taxes, and paystubs “again” because the last stubs were hand
written and unreadable. (this was ridiculous because she works for
a dentist office and all checks are computerized).
12-27-07 (4:27 PM) – Spoke to Jennifer who asked me to call back to check the status of
the file on Tuesday 1-1-08. Of course this is New Years day and
the offices are closed. (THERE IS SOMETHING TERRIBLY
WRONG GOING ON HERE WITH THIS MORTGAGE CO.).

1-3-08 (2:18 pm) – Spoke to Falonda in regards to a letter received by Mrs. Vickery that was Carbon Copied to Mark Brown regarding this matter. She asked me to type a letter stating this situation (which they have been aware of for over a year now) and send it to the Customer resolution Department at 1-888-547-8646 (fax). Since this time Mrs. Vickery has received a foreclosure notice from Beneficial. I am going to keep trying to resolve this matter.
I am going to continue to try to obtain a workout for Mrs. Vickery but she needs to contact an attorney and investigate wrongdoing on Beneficial’s behalf.

If there is any other information that you need from me, please feel free to contact me at 214-607-6373 regarding this matter. I truly need your help and guidance.

In closing, if nothing can be resolved in 30 days I will lose my home that I worked all these years due to Beneficial’s incompetence.