I am presently in the fight of my life against this company. GMAC has been trying to steal my home for the past nine years.
They admitted that in 1997 they failed to collect hazard insurance (which was suppose to be included as part of our escrow payment). They then decided that they would combine the payment for that year with the coming year which create a large shortage of $6,0176.76. They then increased our monthly escrow payments from $320.75 to $732.36. Even though we managed to pay the extra $411.51 for over a year, eventually, it became more then we could afford. We tried in vain to work out something with them.
GMAC foreclosed on our property and without our knowledge illegally sold our home on the court house steps. We took them to court and the judge rescinded the sale. He also told them, that since we were pro se (representing ourselves), for them to write the order to vacate the sale and set the record straight. Which they did except for one little detail which they somehow over looked, they failed to re-convey the title to us. GMAC held title to our property for five years.
I'm going to cut to the chase and get to the crux of the problem. After successfully completing a five year bankruptcy and paying their claim of $51,000.00, they're still claiming we owe them over $23,000.00 and are threating to foreclose on our home again.
I now have a motion before the court asking the court to determine if GMAC has violated the automatic stay, RESPA, committed fraud, extortion, and if they have been grossly negligent and have breached their fiducary duties.
The judge has said that their actions are probably the result of a large company just not knowing what the other department is doing resulting in "honest errors and inadverent mistakes". However, he also said that he is setting this matter for trial at which time I must prove that GMAC is guilty of the formentioned allegations.
PLEASE, PLEASE, PLEASE, if you are in a like or similar postion contact me at once. I have a pre-trial hearing date coming up in two weeks. As a pro se I'm trying to fight the good fight but I desperately need your help.
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