Under the circumstances stated below, please be advised only the facts will be stated. I believe in being straight forward and to the point, leaving out any type of personal feelings as they can often lead to confusion, hostility and unethical behavior.
The customer service received from Homecomings Financial is less then adequate. They have earned a rating of 2 on a scale from 1 to 10.
In September Homecomings Financial became my mortgage lender as the account was sold to them beyond any control of me.
The property is an investment property and was leased. The tenants were not good tenants at all as they have failed to pay rent several times. As a result, I became late on my mortgage payments. The last payment Homecomings Financial received was on January 6. Today is April 6. Homecomings Financial has initiated foreclosure proceedings and have violated Colorado state law which is outlined in the Colorado Revised Statutes (C.R.S.).
February 2 - I contacted Homecomings Financial to advise them of my financial situation. The representative stated she would mail out a repayment package to be completed to prevent any type of negative administrative action against the loan. That package was never received.
March 1 - I contacted Homecomings Financial and spoke with Ms. Nadia Aguilar, Account Manager, 1-800-206-2901. I explained to Ms. Aguilar that I had prior contact with Homecomings Financial and advised her the financial package promised was never received. She stated she would send this repayment package as soon as possible. She further reassured me that this will prevent any foreclosure action.
March 4 - I received the financial package from Ms. Aguilar.in her letter it is requested I fax the completed financial package directly to her attention at 1-214-861-6502. This letter closes with the following statement, Thank you once again for contacting Homecomings Financial, and we look forward to exploring foreclosure alternatives for your account.
March 11 - The financial package was faxed to 1-214-861-6502 to the attention of Ms. Nadia Aguilar. I included all requested information.in addition to the requested information, a copy of the current lease agreement was included as supporting documentation.
March 16 - The property is listed for sale with a real estate professional.
March 22 - Homecomings Financial initiates foreclosure proceedings on the property without my knowledge. As set forth by Colorado state law, Homecomings Financial has failed to provide me, in writing, an opportunity to cure the default prior to foreclosure action is initiated. Colorado state law reads: With respect to any consumer loan secured by a deed of trust or mortgage, recorded after January 1, which encumbers a dwelling, after a default consisting solely of a failure to make any required payment, the owner of the evidence of indebtedness shall, not more than forty-five days after initial default and at least twenty days prior to the recording of a notice of election and demand, or the initiation of a suit for foreclosure, provide written notice of such default and the opportunity to cure, to all persons liable on the debt at the address of the residence of each such person. The failure to provide the notice and opportunity to cure specified herein shall not affect the validity of the deed of trust or mortgage, the ability of the owner of the indebtedness to foreclose pursuant to the deed of trust or mortgage, the foreclosure proceeding, or any proceeding conducted in connection therewith. 38-38-102.5 c.R.S.
March 29 - I contacted Homecomings Financial (1-800-206-2901) to inquire as to the status of my financial package since I have not received any response with regards to the package submitted on March 11. I also wanted to add, as supporting documentation, a copy of the listing contract for the property in which I enacted on March 16 with Coldwell Bankers Realty. I asked for Ms. Nadia Aguilar, however, she was unavailable.
I spoke with Ms. Aulii Beaumont and explained the situation once again. Ms. Beaumont explained to me she was unable to locate the fax, so the fax was never received. She further added the account was submitted for foreclosure proceedings on March 22. She advised me to re-fax the documents to her and she would forward them to Thomas Wolf as soon as she received it, who would in turn contact me to work out a repayment plan to remove the property from foreclosure as he was assigned to manage the account.
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