In the fall of we began to fall behind on our mortgage and home equity line of credit with Homecomings Financial due to family illness and uncooperative tenants. To save our credit and get out of debt, we put the 2 family investment property up for sale and continued to struggle to pay the mortgage and loan payments.
By the end of January, we had a buyer. We also received notices of INTENTION to forclose on the house and that we had 30 days to contact them. We called Homecomings and asked that they work with us that we were selling the house, had a buyer, and were just waiting to close on it. Yet Homecomings continued to call our home at least 10 times a day, seven days a week, starting at 8:00 am and ending at 8:59 pm.
Mid March we were finally ready to close on the house. Our lawyer continously faxed, emailed, and phoned Homecomings for a payoff amount for both the mortgage and the loan. After a week, still had no response. So my husband took it apon himself to contact Homecomings for the information. He was told they never received any requests. They asked to have it faxed again.
A few days went by, and still no payoff amounts.
Finally, March 31th, with my husband going back and forth on the phone with homecomings and our lawyer, we finally got the payoff amounts along with the interest amount to be added for each day until payment was received by them.
We closed on the house April 5th. The payoff was wired to them on April 5th. They received the payoff on April 5th. On Sunday, April 9th, my husband was at the house with the new owners picking up some odds and ends left behind when the sheriff showed up with forclosure papers from a lawyer representing Homecomings.
He explained that there must be a misunderstanding. The house had been sold and the payoff was send and received by Homecomings. A week later, I contacted Homecomings just to make sure the payment was received and there were no problems. I went through the automated system and was told the equity loan was paid in full and the release papers were mailed. I figured if one was received, so was the other. But, I decided to call back just in case. I spoke with a Homecomings representative and was told the payment was received for the mortgage and it was in the process of being posted to the account. Since the numberous calls each day from Homecomings had stopped, I felt confident that all was well.in fact, we did not hear from them at all since the closing.
5 days later, we receive a letter from our lawyer stating that Homecomings did not accept our payment in full and wants more money. Being it was a Saturday, our lawyer was not in so we called Homecomings directly. Here is the kicker...
We were told they have no recored of us ever contacting them regarding our mortgage, they have no record of receiving any request for payoff, they have no record of receiving our payoff. The only record they have is one call from our lawyer on April 17th regarding the amount owed on the mortgage.
So on Monday, we cotacted our lawyer, who was also puzzled by this whole situation and in the 30 years has never run into a situation like this before. He was going to contact Homecomings to find out what was going on.
My husband also contacted Homecomings again. After many frustrating conversations with several Homecomings employees, each of them with a different version of what was going on with our payoff, he was transferred to the forclosure department where they also had no clue as to what was going on. He was given the number for Joele Compayne (couldnt get a correct spelling of this one) in the asset resolution department of Homecomings Financial.
Joele admitted to my husband, that indeed they received our payoff on April 5th. But decided on April 6th to refuse the payment and begin the forclosure process. If we send an additional $5,000, along with the payoff amount they refused, they will accept it as payment in full. At this point, no one could even tell us where the money from the payoff was. $217,000 was MIA. After going back and forth, Joele told our lawyer a new payoff amount. Not knowing Joele paid the property taxes even though he was well aware the house had been sold, our lawyer based our additional amount of 2183.37 on the amount in escrow. We were to send a check for this amount to Homecomings and all would be resolved.
Against our better judgement, we overnighted a check to our lawyer, who intern forwarded on to Homecomings. Finally, an end to this nitemare, we thought. Little did we know, while we were working out this unethical deal to get them out of our lives, our $217,000 turned up. Homecomings had it the whole time and now decided to send it back to the lawyer.
On May 5th, what was in my mailbox, my check for $2183.37 along with a letter from the loan resolution department (no particular person of course). Because the forclosure process has already begun, they can not accept this item in accordance witht the terms stated in the notice of default previously sent to us.
Again, I am right on the phone with Homecomings. Again, I am told there is no record of them ever receiving any payoff amount from us. She offered the insight that they do not accept personal checks, only certified or bank checks. Well this is news to me since they had no problem accepting my checks for the last 2 years. After explaining the situation and that our lawyer wired the money to Homecomings, this highly intelligent individual told me that unless I had a tracking number for the money she couldn't help. But she was kind enough to put me on hold for 20 minutes only to come back with someone else for me to contact. This person, who just happened to be Joele, left 5 minutes ago for the day. From past experience, Joele doesn't like to return calls so there was no point in leaving a message.
May 6th brings another call to our lawyer, who now is completely mistified. But he does offer the knowledge that our original payoff has shown back up again refused! For the next 3 weeks are spent leaving messages for Joele on what is going on! One return call, but of course to our home phone in the middle of the day when we are at work.
My husband has finally gotten through to Joele, who has now changed the whole situation around, AGAIN. Now they want additional interest for each day since April 5th and an additional $1500 for the property taxes they paid. Also that WE need to contact THEIR forclosure lawyer and tell him to drop his fee so we dont have to pay it.
It is now May 26th, almost 2 months since we sold this house. The new owners are all moved in. Yet Homecomings still refuses to accept our payoff and to proceed with the forclosure. Now we are just considering waiting for a court date. I am sure a judge would love to here this story.
Sam
Dover, Pennsylvania
U.S.A.
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