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I thought I was on a repayment plan, I find out now that I am being evicted.

May 07, 2008

Hello, I have a loan with ASC and I was in a repayment plan with them that was drawn up on Feb. 25th 2008. I continued making my payments as planned and then I received a phone call from a Realtor telling me that she was in charge of my eviction process and that my home went to auction on April 30th 2008. I had no clue anything had changed in my agreement. Come to find out ASC is saying that I bounced a check on one of the payments in my plan. I had no clue this happened and continued making payments as planned and agreed to. I don't know what to do and we are very confused about what we can do if anything. Please help!

This entry was:
Posted By Carl at 03:04 PM
Comments (15) | Categories: Americas Servicing Company, Utah Foreclosure | Tags: americas servicing company utah
 

Comments

can i access account info here?
Posted By joe seavello on May 12, 2008 at 07:31 AM
can you have your house auctioned off without any notice. Its even no record of any notice at county records.
after a car accident. i missed time from work. My mortgage co said they could modify my loan. i sent close to $6000,signed the papers at the notary. 3 months passed & when i was about to make my first payment. I got checks from the co for the same amount. i called, & was told they never got the paperwok. they cashed the two checks but returned them. They sent me more paperwork to start over & this paper said to return to their office by 2-14-08. I confirmed they got them this time on the 8th by calling. I called on the 11th to see if i needed to send the money back.they said they needed the papers 7 days before the 11th. I reminded them i was looking at a copy of the letter, it said return by the 14th & was type. At the end they said sorry about the dates on paper, its nothing they could do. The foreclosure offfice said they could, just call and stop it. They made many mistakes but now they tell me that by law i should've got a notice.I didn't. There's no record even at the co office
Posted By curtis on July 05, 2008 at 01:21 PM
I too am on a repayment plan. I am almost finished with it. My original deliquincy was $7,000. when i am done with this "repayment plan" i will owe $14,000. It's basic extortion, but according to them, it was the only way i could save my house from foreclosure. They have reported to the credit bureau that i am 180 days late paying my mortgage every month, even though i am on time or before. i have asked them for a letter or printout showing my ontime payments, and theyn say "ok" and i never get it. they are the worst of the worst. PLEASE report them to the BBB. i have. if we get enough people to do this, maybe they'll investigate them. they definitely use unethical practices.
Posted By Carol on July 10, 2008 at 10:30 AM
ASC what a bunch of liars! I too was just told they started foreclosure even though I'm under review for a loan mod. I even sent payments in to keep from going 90 days past due and they returned them saying we don't accept payments while under review for a loan mod. then I was now told since I'm over 90 days past due to contact the attorney assign to my case...Guess I'll now get my own attorney too! My advise to anyone is get an attorney don't try to do it yourself as most on this site have done. I read and have been told they dont want your home they want you to keep it but now I believe (although it still makes no sense) they do want my home!
Posted By David on September 10, 2008 at 08:30 AM
you will likely find that the lawyers will learn on your nickle, and that ASC's lawyers will not deal or make deals, they are driven to run this as long as possible as they get to keep charging fees to ASC.
Look at Real Estate Settlement Procedures Act RESPA and learn about it and your states' rules.

good luck and keep all your records and also, very important get names dates times, return phone numbers and personal identification of all you talk to.
Posted By Another fighter on September 12, 2008 at 05:04 PM
No matter How early you send your payment until that orginal past due balance is paid off it will always be considered 180 past due
Posted By Christine on September 22, 2008 at 10:36 AM
I am in a special forebearance plan leading to restructure of my mortgage at ASC. I signed the paper, sent my first check. The contract says on the 4th month that I will owe 12000.00. I was told verbally that if I follow the rules and dont miss any payments or be late, most of that amount will be added to the new loan. I have a contract. Is that contract fraudulent?
Posted By D on September 23, 2008 at 08:26 PM
The same just happened to me this year. I signed a forbearance agreement and sumbitted monies. They took all but 1/3 of the money, then canceled the agreement behind my back and are now going forward with the foreclosure. How can they get away with this time after time?
Posted By Marilyn R. Bush on September 29, 2008 at 09:06 AM
I am glad I found this as I was about to call ASC, We had a repayment plan, made a large initial payment followed by another payment, I than called and asked if I could switch the due day from the 2nd of the month to the 14th, they agreed, on the 10th of the next month I recieved a lettert stating they cancelled the agreement because I did not pay in time, when I called they said it was okay and to sent them an outrages payment!! Which we could not afford, so now we are also in a bad position.
Posted By tom seymour on September 29, 2008 at 09:26 AM
My contract clearly says the agreement is not negotiable and you must stick to the payment schedule. No bounced checks, no late payments, no grace. I think they mean it. Has anyone stuck 100 % to the agreement, no changes, no lates, no bounced, and been betrayed?
Posted By D on September 29, 2008 at 10:28 AM
They did not even give me a chance to complete the forbearance agreement. The first large payment was made in plenty of time (early), then as I was getting ready for the next one, they sent back 1/3 of the monies with no/explanation. Then, when I called to find out why, they said they canceled it. They screwed me out of the money and now are screwing me out of my house with no means of moving. I believe it's called "Fraud."
Posted By Marilyn on September 29, 2008 at 10:35 AM
I am very sorry to hear that. It is unreasonable. I have investigated these things as much as I can and in most cases, I have found that there was some element of their contract that was not followed according to the forebearance agreement; either a late payment, a bounced check, or lawsuit file that might wind up placing a lien on the house ie. another creditor filing a lawsuit.

How many payments did you miss?
Posted By D on September 30, 2008 at 05:56 AM
I get my loan modification from ASC and my payments went up $650.00 instead lower my payments, They also want e to pay $8,500 at front, I am behind 4 statr 5th months behind because they broke my forbereance agreement. I have $5,000 saved , what cai i do to save my house? I only want a repayment plan because the modification is not working for me.
Posted By Ligia GOnzalez on October 02, 2008 at 11:43 PM
What do you think the effect of the Bail out will have on these forebearance and foreclosure issues?
Posted By D on October 05, 2008 at 09:18 AM
I too have AMS and are in a forbarence aggrement. So far I have been able to work with AMS and have had no trouble. I am hoping that all that I have read is not going to happen to me.
Posted By Lisa Jimenez on October 09, 2008 at 07:19 PM

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