Our difficulties began as a direct result of last year's hurricanes Frances and Jeanne, with my husband losing 4 weeks of work and my home based business also taking a loss, in addition to unexpected expenses relating to the storms.
Immediately after the storms, we called our mortgage company, EMC Mortgage to ask for a deferment of our mortgage payment due to the storms. They told us that they would go ahead and do it. However after receiving nothing in the mail, our statement arrived and showed us 2 months behind. We called EMC numerous times to eventually find out that they never granted the deferment, denied any knowledge of anyone at their company saying that they would, and wouldn't consider doing so now.in the meantime, our homeowners' insurance company sent us a check for approx. $19,000.00 to cover the damages we sustained from the storms. The check was made payable to us and EMC mortgage. When I called EMC to find out how to process the check, they told me to endorse it and sent it to them, which we did. When we asked EMC when they would send us our funds, they told us that they would not because we were in arrears on our payments—but if we would just make 1 more payment that they would release the funds. This happened several times where we did what we said what we would do and EMC didn't. When we did get current, then they told us that they would only release the funds to a contractor and not to us—even though we told them that we would be making the repairs ourselves as my husband has significant experience in the home repair/improvement industry.
So from October to May we were making payments but had several times been behind 60 days (due to the deferment issue). Since Dec we had been trying to refinance the mortgage but couldn't because of the 60 day late EMC kept reporting on us (catch 22) which sent our credit scores plummeting. So I asked EMC what we could do to have us be considered current (so that we had the hope of being able to refinance). They set us up on a forbearance plan, and told me that we would then be considered current as I told them that we were trying to refinance. So we verbally agreed to that, and then I asked again for our insurance check which their insurance department said that as long as we showed current on their system they would remit but only to a contractor OR to us and a supplies provider (the story changes again). We did not show current yet, so we called back a few days later, got yet another representative who looked up our account and said that because of the forbearance plan, we would not be considered current until May!!!
Frustrated, we realized that we had no hope of resolving things with EMC and as they had already been threatening foreclosure, decided that our only option was to sell although we did not want to leave our home. We called EMC and let them know that we have placed the house on the market with a realtor, and asked that they not foreclose on us knowing that the house would likely sell within 30-60 days. They agreed and while we asked, they would not send us anything in writing. Now they have started foreclosure proceedings. Surprise, surprise.
We have spoken to several attorneys who have said that EMC has grossly mishandled our case and what they have done to us is civil theft. How ridiculous is that—beginning foreclosure proceedings while they continue to withhold almost $20,000.00 of our money! A Class Action Suit is definitely in ordersign me up. EMC Mortgage and companies who operate like them are an embarrassment to America. But more importantly, they make good taxpaying citizens realize that there are no terrorists quite as devastating as the ones right under our noses here at home.
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