My mortgage was sold to ASC (America's Servicing Company) in December. I was notified of this at the beginning of November. December finally came and I had received nothing from ASC as far as my account was concerned. I was told by my former mortgage company that all I could do was wait for ASC to contact me with my information.
I contacted ASC and was told that the loan was being transferred and that I didn't have a loan number yet. I was told not to pay until I received a loan number because the payment might not get applied correctly. Around December 15 I finally received the necessary paperwork and proceeded to pay them by Western Union Quick Collect. I found that in the state of Georgia that a mortgage company that buys a mortgage cannot assess late fees or report negatively to the credit bureaus for 60 days.
I received my statement for January and it showed that I still had not paid for December. I called and was told that it was due to the transfer and they were still "working out all of the bugs". I believed this and continued to make payments.
In May, I became injured and went on short term disability. I was able to make my payment before the end of the month.in June, I was not so sure I would be able to. I called and asked the representative if there were some arrangements I could make. I was told that I could talk to a credit counselor. I told them that I didn't have a credit problem, I just was experiencing an unforseen problem. They told me there was nothing I could do.
When I initially called to discuss the June payment, I noticed the automated line was saying that I still had not paid for May. I went through several associates and finally got a supervisor who said she would rectify the situation.
I was ultimately unable to pay June on time, but did pay in July. I also made July's payment before the end of the month. The automated line continued to show that I had not made a payment since April;yet, my bank statement shows every payment that ASC took from my account.
I called and called and every representative (and supervisor) tells me a different story. I finally contact the dept. Of Banking and finance and they told me that they do not regulate ASC but referred me to the correct agency. I made my August payment on the 30th of the month and made September on the 6th of the month. I continue to receive letters and statements saying that I am 5 months past due and owe exorborant amounts. I just received a letter saying that they intend to begin foreclosure procedures.
Every customer service representative I talk to tells me there's nothing to worry about. They are working to "find out why the cash department is not applying the payments". I recently found out that since April they have been reporting to the credit bureaus negative (and incorrect) information. This was before I even missed the June payment. Strange people ride by my house taking pictures. I fear that my house is on some type of foreclosure list.
I have contacted a lawyer and he was not very helpful. The posts that I've read as far as government agencies seem bleak. I do not know if this is some ploy to try to take my home or if they are just really sloppy bookkeepers. I don't want to wait to find out. Any help or suggestions you could give would be greatly appreciated.
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