To Whom It May Concern: RE: EMC Mortgage Corporation; Acct # *
Original loan and refinance of home was in July.in the beginning of EMC mortgage bought the note.By November the loan was seven months behind at $1008.49 per month, total of $7059.43.
On November 24 EMC provided forbearance, agreement to rescind advances on note. Forbearance agreement (November 24th) stated a total of $12,398.33 was due. Agreement called for $5000 and payments modified from $1008.49 per month to $1452.99 per month for the consecutive twelve months.
On November 21, borrower instead sent Western Union payment to EMC TEXAS for $6000.00. Negotiations were made with Ron in the delinquency control department about modification of payments (Ron's phone number 888-577-4011 X 2213) Since borrower did not wish to modify the terms of agreement, on November 24 borrower sent an additional Western Union payment to EMC TEXAS for $6400.00
Lender or borrower did not sign anything relating to terms of reinstatement or forbearance agreement, although borrower via Western Union paid a total of $12,400.00 and funds were consequently accepted by EMC mortgage. EMC Mortgage does not acknowledge that borrower paid an excess of funds. Subsequently, EMC began to bill borrower for real-estate taxes and insurance on a monthly basis in addition to $1008.49 regular monthly mortgage payment called for in mortgage contract, stating this was due to borrower being delinquent on real-estate taxes in the past, which is not only FALSE but also not a provision of the mortgage contract.
Real-estate taxes 2000 & 2001
Real-estate taxes for the years 2000 & 2001 were paid on September 24th via Fieldstone Mortgage Company, the originator on the loan I the amount of $4700.25. Borrower within finance agreement, at the time of closing accounted for this.
Real-estate taxes 2002
2002 real-estate taxes are due no later than December 31st 2003. Borrower provided EMC Mortgage with more than enough to cover 2002 taxes from $12,400.00 paid in November at which time the loan was seven months delinquent, an amount of only $7059.43, $12,400.00 was paid, there fore providing an excess of $5340.00 to be set aside in an escrow account for future taxes and insurance.
Real-estate taxes 2003
2003 taxes are due no later than December 31st 2004. EMC Mortgage paid 2003 taxes $2283.36, on December 18th. Ample funds from borrowers escrow account of $5340.00 should have covered this amount.
Real-estate taxes 2004
The real-estate taxes for 2004 are due no later than December 31st 2005. This three-year arm expires July before the 2004 taxes are due. The 2004 Real-estate taxes were paid on Dec. 10th 2004 by EMC Mortgage in the amount of $2348.79.
Although I have never paid my taxes late since the origination of this loan, I do not intend to pay them a year earlier than they are due. I have not made any of my monthly mortgage payments late since November.
This issue is severely in dispute and I working on getting this removed from my credit reports.
I have also requested regulatory finance divisions to look into the predatory and unscrupulous practices of EMC mortgage and urge them to designate compliance into their manner of doing business.
I am requesting that EMC mortgage to remove the late fees (Now accrued to $7,190.37) from my account and recognize that paying my taxes was only an option for them if I was late paying the taxes myself according to the mortgage contract.
I am also seeking that EMC Mortgage stop the harassing phone calls that wrongfully plaque me multiple times a day on a regular daily basis.
I have made a reports to all of the followin agencies;
Missouri Division of Finance (mo. Gov)
They called me, appaulled by what has been done and have inturn sent a letter to EMC Mortgage Corporation.
ComplianceEase
One Bay Plaza Suite LL33
1350 Bayshore Highway
Burlingame, California 94010-1823
[email protected]
An organization that was hired by EMC to make sure that they do not fall into aything that may be construed as Predatory mortgage practices, to inform them that their efforts, along with Mike McClelland vice president, Due Diligence of EMC, although noble, are not working!
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
ftc. Gov
Office of Thrift Supervision
Consumer Programs
1700 G Street, N.W., 6th Floor
Washington, DC 20552
(800) 842-6929
consumer. Complaint@ots. Treas. Gov
public.info@ots. Treas. Gov
ombudsman@ots. Treas. Gov
United States Attorney's Office
Eastern District of Pennsylvania
615 Chestnut Street
Suite 1250
Philadelphia, PA 19106
FAX (215) 861-8609
U.S. Attorney Peter Schenck
Peter. Schenck@usdoj. Gov
Chief of U.S. Attorney's Office Fraud Section
(215) 861-8570
U.S. Attorney Patrick L. Meehan
Patrick. Meehan@usdoj. Gov
Prosecutor who has made strides in prosecuting predatory mortgage companies, as well as sending him a link to usacomplaints.com's 26 others who have been a victim of EMC so that their cases may be investigated as well.
Citizens for Responsibility and Ethics in Washington
11 DuPont Circle, N.W., 2nd Floor
Washington, D.C. 20036
[email protected]
[email protected].
Office of Fair Housing & Equal Opportunity
Dept. Of Housing and Urban Developement
Washington, DC 20410
1-800-424-8590
MO_Webmanager@hud. Gov
hud. Gov/complaints/housediscrim. Cfm
hsg-lossmit@hud. Gov
Office of the Comptroller of the Currency
Customer. Assistance@occ. Treas. Gov
Missouri Attorney General's Office
Supreme Court Building
207 W. High St.
P.O. Box 899
Jefferson City, MO 65102
Phone: 573-751-3321
Fax: 573-751-0774
ag@ago. Mo. Gov
SEC Headquarters
450 Fifth Street, NW
Washington, DC 20549
Office of Investor Education and Assistance
(202) 942-7040
enforcement@sec. Gov, dfw@sec. Gov, newyork@sec. Gov, chicago@sec. Gov, help@sec. Gov
Because they are a subsidiary of The Bear Stearns Companies Inc. And The Bear Stearns Companies Inc. Is trading illegal gotten gains on the public market.
A class action "plaintiffs" attorney that files suit against predatory mortgage companies.
Equifax
econsumer. Equifax.com/consumer/sitepage. Ehtml? Forward=online_dispute_step1
Experian
experian.com/consumer/cac/InvalidateSession. Do? Code=DISPUTE
TransUnion
transunion.com/Personal/DisputeOnlineWizard. Jsp? Status=new&investigate=null
To dispute this on my credit report so that I may seek another mortgage loan to rid myself of of doing business with unscrupulous people like EMC Mortgage Corporation.
Maria
Saint Louis, Missouri
U.S.A.
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