Fairbanks Capital Corporation sold my mortgage to GMAC Mortgage in 2001 while they (Fairbanks) was in the middle of being sued and upon being informed that I had filed a Chapter 13 bankruptcy because I had gotten behind in my mortgage payments. The delinquent payments owed Fairbanks were paid to GMAC in full in 2004. Since this time I have been battling with GMAC to send accurate monthly statements and well as have the correct due date and payment dates shown on my monthly statements.
I should also mention that I have never been allowed to refinance at a lower interest rate. My current interest rate is 11.42%.
When asking GMAC for an explanation of my account they insist that I have to go through my bankruptcy attorney and when I go to my attorney he tells me to contact GMAC. The bankruptcy is due to be discharged within the next couple of months and GMAC have been paid for the delinquent amount that was reported in the bankruptcy that was owed to Fairbanks Capital Corporation before they (Fairbanks) sold the mortgage.
I have been trying for a year to get GMAC Mortgage to update my payment information and remove unexplainable charges from my account. My account has been current since a post-petition filed by GMAC attorney Fisher and Fisher of Chicago, IL and my bankruptcy attorney David Ucherek of Urbana, IL May. The post-petition payments were to be paid from May through October and then I returned to making my regular monthly payments.
Each month I receive statements showing that I am two to three months behind, yet I have not missed a payment for the past year. I have made contact by phone several times and have received conflicting stories in regards to my account. I was once told by a reprsentative that the problem was probably because my information had not been updated in their systems. This was several months ago. How long does it take to update current information.
I ask for an explanation of late charges and was also told (1) My payments are due on the 15th of the months and I have a 15 day grace period. Yet I am still charged late fees. (2) I asked if my payments are made by the 30th of the month does that constitute late charges and was told "absolutely not". (3) I ask that they explain the "Other Expense" and was told that they did not know what they were for and would have to check into them. I have yet to recieve an explantion.
In conclusion: Mortgage companies, no matter how big or popular, should not be allowed to abuse consumers; and should have to provide accurate and timely accounting to the consumer.
I will not give up until GMAC (1) Explain the additional fees, in writing (2) Update my account to show all payments are current (3) remove the late fees, or justify them (4) remove from my credit report that I have been 30-120 days behind in my payments (5) and provide written documentation as to all of the above.
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