Our problems all started in 2005.in March of my husband lost his sister and in May he lost his father. With him being the oldest, he had to handle his father's estate and take care of all the extra business that comes with the territory.in order to handle this, he had to quit his job because of the time it was going to take to handle it.
Because of some funds he had coming to him upon his departure from his job, we were ok for awhile... Until around June. Finding another job was very difficult for him and nothing seemed to be panning out... Naturally we fell behind, but nevertheless, when I could, I sent the ususal payment plus late charges. We received a notice that Midland had not received any payments from us, and of course when I called was told that they had rejected our payments because we were in foreclosure and that the checks had been sent back to me in the mail. We received 1 out of the 2 checks that were sent back.
We went through the high pressure procedure of completing all the paperwork and numerous phone calls to complete the application for assistance with their Delinquency Assist Center (D.A.C.), and jumping through hoops to get everything signed, notorized, and returned to them in a 2 day period.
In August, we received an agreement stating that our payments would be $216.07 with the first payment due on September 1. My husband did not find permanent work until the end of October so we were late on the 1st payment. A payment of $225.00 was made on 9/13/06,2nd payment of $230.00 was made on 11/8/06, and 2 more payments in the amount of $230.00 each were made on 12/29/06.4 payments total which meant that we should be current and owing for January's payment in January right? Wrong!
We received a notice saying they had not received October's payment. I immediately went online and obtained copies of all four deposited checks, front and back, and sent them along with a letter asking them to please recheck their records as I had sent payments all along.
We received a notice back stating that the checks were for the wrong amount so they were not applied to my account, but were held in a unapplied funds account. I was then notified that the correct payment amount was $313.30. (A big change from the $216.07 signed and agreed upon by us and Midland Mortgage). And we were never notified. Why would I pay $313.30 when the agreement was for $216.07
After dealing with very rude customer service people who tried very hard to make me feel that it was all my fault by not calling to let them know a payment was sent, not checking to make sure the payments were posted to my account, and not checking to make sure I was sending the correct amount, we are now going through the actions for a second time.
We had to place ourselves in more debt and wire $966.43 directly to MidFirst Bank (We couldn't express mail a cashier's check) for Attorney's fees (theirs). This is a VA loan, so when Midland was confronted as to why we were not notified of anything, they immediately said that it was the VA's decision to send the account to foreclosure. I have asked for a monthly statement to be sent to me showing current balance and payments applied... I was told they could not do this and it was not their responsibility. I also asked for a monthly escrow account statement and was told the same thing. Anything I'm requesting that would put them in the responsibility seat is being rejected by them.
VA contacted us about payments of $150.00/month for 11 months then payments would return to normal... We were extremely happy with that agreement. However, Midland Mortgage drew up a contract on April 9th, mailed it on April 16th, we received it on April 18th, and Midland wants everything back on April 20th, signed, notorized and express mailed back. Upon looking at the contract, the payments are set at $402.44 (not $150.00) as previously discussed. We are in the process of taking this up with the VA once again, and are seriously checking on getting an attorney on this matter.
We sigh a breath of relief in knowing we're not alone in this struggle. It's not a good thing that this is happening to innocent law-abiding individuals, but somehow, we've got to put a end to this.
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