We have been in a forebearance agreement with EMC for a year. We started this because they called us one day and told us we hadn't paid the previous months payment. We had not only paid it but had paid it by cashier's check and had it overnighted to them and had required a signature. We offered to fax this information to them, and were told that even though we can prove we made the payment, we are still responsible for any missing payments. We made a forebearance agreement with them since it was now 4 months after the missing payment and they said that was the only way to avoid foreclosure.
Now, 8 months into the forebearance agreement, we get a Notice of Default and Trustee Sale in the mail from their attorney's office in San Diego. They told us that we were now in foreclosure because we had broken the forebearance agreement when our Dec payment had not come in. We were ready this time — we had paid by Western Union. Oh, but they can't accept our receipt from Western Union indicating the payment was made, and we are still responsible for that payment. We are currently seeking legal counsel and will file all the appropriate paperwork for any complaints we can make.
As it stands now, we will probably have to enter into another forebearance agreement to get the foreclosure stopped at least for the time being until we can get legal counsel.
What gives EMC the right or power to make its customers feel like victims? We are all victims of this viscious circle of late payments, forebearance, foreclsoure and can't get refinanced, sell or buy anything else.
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