For the past 4 months now I have been disputing the lates reported to the credit bureaus on my first mortgage through this company called ASC or America's Servicing Company. I think they are affiliated with Wells Fargo Home Mortgage Division of Wells Fargo Bank.
This all began in June.
1.6/8 I called to have them take an electronic payment from my bank account because I wasn't at home and needed to get my payment in before it would be late. I was willing to pay the extra $15.00 fee to get it done this way, this time only.
2. At the time, I thought that the payment went through o.K. But come to find out through 3 more attempts to withdraw from my bank accout, that they had either lost my payment or my bank did not pay it when requested.
3.6/16 I called ASC to verify that they requested my payment for June on the 8th of June when I called it in. The rep. Assured my that it was requested and it did go through. I told him I had checked my bank statement online and they had attempted it 2 more times the 12th and the 15th and I received two NSF charges from my bank amounting to $60.00 total. I asked him to recheck because I did have a new invoice for the ASC July pmt in front of me that said that it had been accredited to my account. Why would the bank charge me NSF fees and why would ASC have tried 2 more times to withdraw the funds? (This transaction should have been an EFT but had been done and redone as an ACH according to my bank.
4. They told me to contact my bank and also to fax over the part of my bank statment showing that the payment had cleared my bank account and they would adjust their info. On my acct. To reflect payment received. I agreed and faxed away. Contacted my bank and they wanted an Unauthorized Withdrawal Affidavit and pkg filled out and notorized and sent to their investigations dept. I complied. I received a letter from ASC, stating that I had not made my June payment at all and to remit a $70.35 late fee plus the original payment amount of $1407.00 totaling, $1477.35 prior to July 15. I called back on June 26 to find out about this letter. What I got was another calling center that told me to fax over the same documents I had already faxed before. (Only this time it is a different fax number). I did this again.
5.6/28 I sent my July pmt to ASC via personal check with the notation at the bottom that this was to be my JULY PMT ONLY. This check was received by ASC on 7/11. However, they do not keep paper checks. They destroy them and issue an ACH request from your bank. (Their policy and procedure) I asked how I was to get proof of making my payment if I did not get my check back from my bank? They said, "Ask you bank".
6.7/12 I called ASC to verify their receipt of my July pmt. They told me that they had not yet received it. I checked my bank acct and it had cleared my account on 7/11. I asked if they had finally found my June pmt. And they said that it was not posted to my account but my July pmt once received would be posted for my June pmt. I told them I had specifically stated on my check that it was to be my July pmt and not to confuse the two.
7.7/14 I received another letter from ASC stating that I was two months delinquent on my account and that they would be issuing Foreclosure instructions if a payment of $2954.70 was not received by August 15. However, I received my invoice for the Aug pmt and it indicated that the July pmt posted to my account on 7/11. (I am now really confused)
8.7/28 I sent in my August pmt. Via personal check again. I called on 8/8, plenty of time for it to arrive and be posted to my account. They said they had not received it yet. Thus, another letter was issued to me regarding their foreclosure proceedings or a financial statement to be filled out allowing them to put the balance due of all three months payments and late fees and NSF fees added to the back end of my note and then I could go on making payments as usual.
9.8/9 ASC received my August pmt. But now when I called them to verify that, I was unable to reach them. Everytime I put in my social or my acct no. I was cut off or put on terminal HOLD.
10. To this date, I have not been able to talk to them nor get anyone to help me with this problem. My credit report has 2 running 30 day lates on it under ASC yet they keep sending my the next months invoice showing that they have posted to my account, all pmts. When I call they say there have been no pmts since May.
Through their double entry bookkeeping system and their nationwide calling centers lack of supervision or mortgage knowledge, Wells Fargo Bank stands to have a pretty good looking portfolio of houses soon, just from the foreclosures done by America's Servicing Company in the past couple of years. (This is a crime)
It is a pity, from all of the complaints I have seen and read here on complaints.com, about ASC, I don't see anyone doing anything about them yet. They need to be put out of business and WE THE PEOPLE need to do it. However, it is a bit difficult to do if we have to spend even more money to do so.
A Class Action Lawsuit Attorney needs to get in here and investigate this company and sue them for all they are worth. And I for one, am willing to do my part if one of you attorney's will contact me A.S.A.P. I think there are a lot more that will also follow suit if contacted and don't have to spend money to get an individual attorney. A Pro-bono, Class Action Law Suit, will bring ASC to their knees and put them out of business and possibly Wells Fargo Bank too.
We Need Help!
Signed,
A Very Frustrated Homeowner and retired Mortgage Broker.
P.S. Please have an attorney contact me immediately.
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