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I was not notified of the sale and my home was foreclosed

February 12, 2009

There foreclosure sale was Jan. 13th, 2009, and I was not notified of this sale by letter or any other way. I received a letter "demand for Possession" in 10 days, which has now passed. I have been searching for an attorney to help, but no one is willing to help at this time since they say they cannot. My name is on the mortgage and the Deed recorded at the probate office in 1999, Alabama. PHH Mortgage Services will not speak to me because I am not authorized to speak about this account since I am not on the mortgage with them, but I am on the Deed with them and they told me that is irrelevant. My ex-husband is on the mortgage only with PHH. I reside in the house. My ex-husband was ordered to pay mortgage payments on property, until he paid me the amount of equity I was awarded. That never took place, because I filed an appeal, which is still pending. How can I be on the mortgage in my county, and not with PHH? Cendant Motgage Company was the original mortgage lender, and the va was the guarantee. I should be authorized to work out payments to keep the home with PHH, since I am on the deed and reside in the home. They refuse to do this. I am scared about them coming here anytime and kicking me out and taking my personal property with the sheriff's office. In Alabama, it is law to be on the mortgage if you are married, so Cendant made an error for not following Alabama law. My rights have been so violated, and the equity in the house was over $50,000. I have interest in this house I have lived in for 10 years. I have no where to go, and no money to move. My 2 kids live here with me also, 5, and 18. I was counting on the money owed to me from my ex-husband. This man I married did this to me on purpose, because he is fighting for custody. Please help me? I am in an emergency, and have not stopped looking for help since this letter came in the mail. I need an attorney or advocate. Thank you for your time, and I hope you can help me.

This entry was:
Posted By Kathleen at 10:51 AM
Comments (10) | Categories: PHH Mortgage Services, Alabama Foreclosure | Tags: phh mortgage services alabama
 

Comments

Alabama has virtually NO laws to protect consumers from preditory lending,fraud or foreclosure.
I begin trying to find an attorney in Al. March 2008, when a broker with 1st Metropolitan Mortgage changed the requirements of refinacing our manufactured home (3) weeks after telling our loan was was approved and still in underwritting at TB &W. Attorney's wouldn't even provide us of our rights when those companies took it they hands to aquire the deed of the land to attach to the mortgage. Without legal counsel, my husband and I had no rights. And sadly, few people in Alabama do.
I have spent over a year trying to find an attorney and researching laws that are suppose to protect consumers for the huge corporations that take advantage of innocent consumers. All the attorneys continue to tell me, is in Alabama ,Federal laws don't work!And no one is willing to even defend consumers rights!
We are currently in forebearence with TB&W, but it took over(4) month's , and a foreclosure notice to even get them to work with us. I have filed complaints with every office in Al. , HUD, even the president. And, I plan on continuing complainting, until someone listens. I hope all of you do too, that's the only way we'll ever be heard. God Bless!
Posted By kathy summerlin on June 08, 2009 at 03:25 AM
Your etablishement is doing ILLEGAL ACTIVITY!!! AGAINST STATE LAWS - You have to STOP!!!

THE BBB has been notified and the US dept of Treasury and the STATE Attoney General Office.

PLEASE ADVICE IMMEDIATELY!!!
Posted By Wendy McClure on October 02, 2009 at 01:00 PM
We can help you with this situation. Our company does all kinds of creative mods. You do not have to lose your home. It is a shame what is happening to your homes and the insult to homeowners across America. Our company stops foreclosures and can get your lender to do a modification where as the lender denied the homeowner to modified with them directly. The mod can lower your rate, forgive lates and fees, reduce or completely forgive the 2nd mortgage on your home and put you in an affordable monthly payment so you do not lose your home and have to move out. for more information check out our website www.afscanhelp.com.
Posted By Rose Docherty on January 02, 2010 at 04:11 PM
In 2001 I took out a mortgage through a broker for 17 thousand dollars then in 2003 did a second for 27 thousand. My payments until the 2nd were 329.00 After the second my mortgage service got transferred to Ocwen. They cancelled my escrow and billed me for their insurance, which was outrageous, but since they cancelled my escrow it cancelled my insurance as well when the payment went default without me knowing. My payments stayed the same until I had eye surgery and was out of work for 3 months. They put me in forbearance without me knowing and claimed I was 6 months behind and had to pay them 6,000 dollars to catch up, then pay out the forbearance too. Then I received a loan modification form and was told I HAD to sign it unless I wanted to lose my home. After reading it over the modification was for 63,000 dollars on the loan and I had been paying already for 6 years. I requested a full payment history and they denied me. I requested again and was told that it would be 30 dollars. When I received the payment history I found out they had sold the mortgage to another company and received the 63,000 to their service for "escrow coverage" Well, since I have no escrow and have had to file bankruptcy twice to keep them from foreclosing since they then raised the payments again I am at a loss for patience.... who could I contact about this that would actually do something. When it was brought to the Judge's attn in court he demanded I pay out the full sum of the money.... Help??!!
Posted By Lee on January 07, 2010 at 09:20 AM
I am the person who posted the initial complaint last year. I am still residing in this home, due to my research, and quick thinking on my own, by filing a motion to the court, stopping the foreclosure. I would like to contact the person who wrote the second comment, please. This is not over, and PHH has now re-started the foreclosure process, and they do not even own the mortgage!! Unbelievable. My new discovery is taking me back to court, and hopefully criminal charges can be filed to stop this illegal crime from happening to others. I am sure there are others! I can't be the first homeowner to be scammed like this. It does not take an attorney to fight for your home, and I am a great example of this. Of course it helps in any court trial, but to file motions on your behalf pro se, immediatley, WILL stop the foreclosure. This will give you time to investigate what has happened, and to find out what crime is being committed. All I know is this powerful company will be wishing they never met me. There are too many victims in this world, never receiving justice, and too many criminals (with money, or involving political connections giving them power)that are free to do this to innocent people as a regular business.
Please connect me to the person who wrote this comment above, Wendy McClure. I appreciate that, thanks. I will post again and update this situation. Hopefully it will help others experiencing the same problems.
Posted By Kathleen on January 09, 2010 at 12:56 PM
I have applied for a loan modification with PHH Mortgage Center. The promise was to processed it within 30-90 days. I did all the paper works they have requested and fax it to them. I have to fax the forms three times since they denied recieving it. I started calling them right after the waiting period, at least once a month but I received the same response telling me that the processing is on its last stages. It is April now and they still continue to tell me the same thing. In the meantime, I am running out of funds and can't hardly make the payment on my mortgage. Our original loan was sold to them by Towne Bank. We did not know about this until we were notified via mail and the mortgage payment was increased $700 dollars per month. I really need help but the loan modification doesn't seem to be working. I am really frustrated with them. Please let me know what to do.

Thank you,
Thess
Posted By Thess on April 05, 2010 at 07:45 AM
IT IS HARD TO CONTACT ANYONE WHO CAN HELP AT PHH. I AM DISAPPOINTED AT THE LEVEL OF ASSISTANCE THE LENDER PROVIDES.
AND I CANNOT BELIEVE THEY STILL WANT TO FORECLOSE!
Posted By PHH VICTIM on May 18, 2010 at 10:12 AM
To my knowledge, I see we are not alone, we have been living in our home for 4yrs, had applied for a mitigation, got approved made the pments in Nov, Dec, Jan N Feb, and guess what we get a letter saying we are behind, I called then, I'm like I have my receipts where I western union this money what are you talking about, so they wanted me to send proof, I did fax and mailed copies, they claim the faxes didn't come in clear, so i did them again and again, but they finally told me they have them but the funny part is they still telling me that they didn't get it until Dec so it was like my Nov pment never posted and they said the money was in another dept but time has passed on and this is the worst part of it all, on my loan mitigation it say $617.80 well we sent it as they requested, but come Feb when we get the letter saying we are 4 months behind, they got the pments are 619.30 so from a couple of dollars being 619 they started sending the checks out to us in May and so on for what we had sent in, instead of saying you are short they sent it back....
Nov of last yr my husband was diagnosed with MS his job he had to stop because it was in Averitt Express warehouse who supplies the part for Mercedas Benz, but he's on short term thru his job, so his income have dropped a lot and we are so behind now, but we applied for another mitigation and they told us it was being review, then they told us to send in more documents, they told us that we are facing foreclosure and then we get a letter from there attorney sayin our home will be in the new aide from June 23-30 and the sale date will be July 19, 2010....
I then called and they tell me it's being review, we are goin to postponed the foresale date until they review, but did they>?? NO
WE got a letter on July 20 sayin our home was sold back to PHH mortgage and now when i call i hav to speak to someone in REO so this guy tells me after i have told him everything from my husband being sick and how we was making pments and all i could think of and yes I KEEP UP WITH THE NAMES AND DATES WHEN I CALL IN....
but this guy i got his name and he was telling me that this happen to often where someone is not putting in the correct information they are going to have a meeting that day, i been callin him back over and over to only get leave a mess and will call you back in 24 but not one call has been made to me here in Alabama....
so i go online to PHH comp look up all until i got a vice president listed and his number and this day 8/3/2010 i called they rec't answer the phone and i told her everything i could think of, she said she will call me back and she did this evening to tell me that the modifaction didn't go thru because our income and we have a negitive with the income we have, but i told her from the time we did that in March alot have changed and we don't have all the extra expensives so i pray i be able to get some more information bout my home because the letter told us we had 10 days from the sale date to get out and it's me, my wife, and our 4 girls, 15, 11, 9 and 3 not to mention my husband just had total knee surgery June 15, he have a cast on from his tight to his foot because the surgery didn't go so well, well it didn't tighten up the way the doctor wanted it to have done because he was at bowed in his leg (Blounts disease) his leg was at a 45 degree angle and now it's trying to get back in the position of being bowed the reason hes in a cast, this is a stressful ordeal, then when hes under STRESS, IT caused him to have relapses so he have went BLIND 4-6 times now since he just got diagnose in Dec but while he in the hospital after surgery he lost his vision again, he had a relapse last Friday and just go steroids to try to bill it back..
beside the Lord being on our side, we don't know what to do at this point, listening to the other stories before this one let me know that we are not alone, so i pray we can get help some way some how...
God is in charge!!!
THOMAS FAMILY
Posted By KEN N KIM THOMAS on August 03, 2010 at 09:39 PM
I too was a victim of PHH Mortgage. I had applied for the HAMP program in April of 2009 sent them everything they needed 3 or 4 times. I did get approved and given a new payment for the 3 trial payments then we could go from there. I sent my check for the first payment in with my signed papers then kept checking my bank for payment to go thru, it never did - this is Nov.,Dec.,Jan.. Then I get a letter in the mail in Feb. from a lawyer addressed to my name or tenant stating that my house had been sold on the courthouse steps on 2/2/2010 which was a total surprise to me. After several phone calls and pretty much harassing them I was finally able to get my foreclosure resended and they told me that I was far from the only one this has happened to. I re-did my HAMP application and was approved have now made my 3 trial payments plus the next payment via cashier's check sent sig. required 2 day air FED-EX and called them every day until I received e-mail that my payment has posted. I am now waiting to get my final papers back. If anyone can help there it is Bonnie Hickey and her supervisor. I think they are the only competent people who work there
Posted By Renee Jackson Holcomb on October 11, 2010 at 07:58 AM
Hey Everyone,

There are way too many stories that are EXACTLY alike! Please go to the Blog, and state your story! The blog has my story, and I am getting inquiries daily from people that are having to go through this mess.

Justice will be served!!!

Chris
Posted By Chris on October 15, 2010 at 07:58 AM

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