Let me intrudes myself I Nick Ramirez would like to talk about the experience I had with
The Broker and the Credit Bureaus with Respect to all Certified Professionals. I know there are a lot of good people that really do care and do their best. Just want to make this clear
This is a letter to respond to the experience that I had with the Credit Bureaus and the Broker and the Mortgage Company.
Also like to respond to the people who support me thank you very much God bless you all.
To the people that responded with different options based on the truth that they believe in and at the end they were all wrong. To think that some of these people are professionals leaders lawyers farther and mothers and with the remarks and answers or support that these people have provided.
Need to think about the decisions about business and real life solutions and some people think it a joke or only concern about their own needs. And to think that company with professionals that run big business use the system to take way from hard working people this is not right or fair in any way and it all about money.
These professionals, are certified and licensed by the United State of America in good faith and entitled to do their job by law but for some reason these certified professionals are trying to get way by lying and using the word trust me and I promise. Now with all of the evidences and the wrongdoing and the misrepresentations with violations that have raised along fraud and engaging in unfair and deceptive acts. The law states that any certified professionals that failed to make the required shall take prompt and appropriate disciplinary action.
There has to be something more the states or the government can do to help victims like myself from these professionals that are using the cover of the law.By not following the written instructions that are required and provide by law. Also not to be unfair, deceptive, misleading or unlawful. All of the professionals that are certified and licensed by the State are required to follow the rules with the best ability and fully encourage any parties in good faith.
I am one of the lucky one that didnt lose his house but I did lose my credit wroth due to misrepresentations
This is the letter I send today
May 28
Attn: AMC Mortgage
Re-instatement Department
Fax No. (949) 862-3764
From: Nick Ramirez
227 Central Ave.
Alameda, CA 94501
RE: Loan No. 0096372958
This letter will give a detailed description of the reasons why this loan is an invalid loan and should be rescinded. This letter shows how I was taken advantage of by my broker; Ms. Shelly Poe, who was working for Pinnacle Financial at the time. Also listed below is a time-line account of the events which occurred while refinancing my home.
Also included in this letter is a detailed account of all of the inaccurate information that was on my credit report. It is the responsibility of the broker to make sure that all of the adverse information on my credit report is correct at the time of the loan
Forged documents
On Friday April 5th, I received copies of the Deed of Trust that were recorded though the Alameda County. I discovered that my signatures and initials on all of the documents that I received were forged.in addition on the front page of the Deed of Trust, my name had been white out, and it look liked my name was then filled in with a pen. These were all dated on April 11 sealed with the official records of Alameda County under the name of Patrick O Connell.
My signature was also forged on the Grant Deed as well. Ms. Shelly Poe, my broker signed the Grant Deed; her name was on it as the Notary Public April 17
She is the Broker not Notary Public. It states that she witnesses my signature on April, 17 2006. I never signed anything on April 17th. The only time I saw Ms. Poe was on April 11.
On Monday April 9, I received my closing loan documents from AMC Mortgage Company. None of the documents I received from the Mortgage Company had been recorded through the County, but more important they were not the same as the copies that I had received from the County files.
On the Deed of Trust, my name was typed in correctly with no sign of white-out used.
These were not the same documents that I had signed on April 11. None of the signatures match my signature. To sum this up, the Broker submitted fraudulent loan papers to Argent Mortgage, and to the County to be recorded.
Falsified or Fraudulent application.
Ms. Poe falsified my monthly income on my loan application that I never received or fill out to Argent Mortgage without my knowledge. She said I was making $117,000.00 a year, when at the time I was in a wheelchair and unable to work due to an accident which occurred in Nov. 2005.
As a result of my income being inflated, I received a Notice of Proposed Assessment from the State of California Franchise Tax Board, dated April, 17 (also attached) stating that I owe $10,556.24 in back taxes because they used the estimated income listed on my mortgage papers.
Steering to High Rate Lenders
In March I needed to refinance due to the financial hardship I was in because of the accident. At that time, I was ready to sign with World Savings. My monthly payment was going to be $1800.00. (See attached loan papers). Shelly Poe contacted me and stated she could get me a better loan. I trusted her because she had helped me with my previous loan with Option One. She told me not to worry about a thing; she would take care of everything. I never even filled out an application.
In March I was approved for an adjustable rate mortgage with Argent Mortgage for $550,800.00 for 360 months. My principal balance prior to this refinances was $480,000.00 with a $2,600.00 monthly payment. Now my principal balance is $576,000 with a monthly payment of $3871.17. Out of the $90,000.00 of equity that has been taken out of my home, I only received $34,000.00 cash out.
Excessive Mortgage Fees
To begin, in the Loan Payoff to Option One Mortgage, I was incorrectly charged $7,057.33 in Interest Per Diem from 02/01/07 04/20/07.79 days @ 89.33 per day. The reason why this is incorrect is because I was not late on my payments to them so the interest had already been paid to them. I was double charged. There is also a $1,772.76 Miscellaneous charge which has never been explained to me what that charge is.
I was charged $12,864.00 in a pre-payment penalty, which I was never informed that I had to pay.in fact, Ms. Poe told me that I was not going to be charged a pre-payment penalty.
I was charged $250.00 for the appraisal fee, which I had already paid out of pocket previously to the appraiser the day he came to my home.
I was charged $495.00 for the processing fee and an additional $495.00 for the application fee. That should only be one fee for both.
I was charged an underwriting fee of $799.00. Shouldnt all these fees been include in the Origination fees
Underwriting
Means the process of approving or denying a loan based on an evaluation of the applicants creditworthiness and ability to repay the loan an Appraisal of market value of the residential property proposed to secure the loan
It is the responsibility of the underwriter that the information is 100%
This loan is so misleading and unfair. This is unacceptable pertaining to this loan.
Along with the Parties involved.
Below are the figures that are listed on the Truth in Lending disclosure from my current loan and future loans Ms. Poe tried to obtain for me. I am listing these figures to show you how she tried to put me in a financial situation that was not for my best interest.
Truth in lending disclosure date March 31 Preliminary by Ms. Poe
Truth in lending disclosure date April 11 Final by Ms. Poe
Truth in lending disclosure date August 23 Preliminary by AMC
Truth in lending disclosure date September 26 Final by Ms. Poe
1 # Loan Applicant that Ms. Shelly Poe obtain
TRUTH-IN-LENDING DISCLOSURE STATEMENT - PRELIMINARY
Documents Dated March 31
Loan Number 0096372958-9507.
Annual Percentage rate (e) 10.636 %.
Finance Charge $1,323, 983.17 (e)
Amount Financed $ 548,349.96 (e).
Total of Payments $1,872, 333.13 (e)
With a payment of $ 4.333.14 Starting 05/01
2 # Loan Applicant that Ms. Shelly Poe obtain
TRUTH-IN-LENDING DISCLOSURE STATEMENT - FINAL
Documents Dated April11
Loan Number 0096372958-9507.
Annual Percentage rate 10.660
.
Finance Charge $1,382, 219.56
Amount Financed $ 537,858.78
Total of Payments$ 1,920, 078.34
With a payment of $ 3,871.17 Starting 06/01
I applied for a loan with Applicant with AMC Mortgage Co
Dated August 23
I was denied because I did not have an income.
Truth-in-lending disclosure statement preliminary
Loan Number 0152759783-2461
Annual Percentage rate (e) 10.044
Finance Charge $1,267, 133.42 (e)
Amount Financed $ 559,958.78 (e)
Total of Payments $ 1,827, 092.20 (e)
With a payment of $4,144.89
#4 Ms. Shelly Poe applied for a loan Applicant with AMC Mortgage Co
TRUTH-IN-LENDING DISCLOSURE STATEMENT PRELIMINARY
Dated September 26
Loan Number 0103494639-9507
Annual Percentage rate (e) 11.319
Finance Charge $1,581, 967.06 (e)
Amount Financed $ 584,020.55 (e)
Total of Payments $ 2,165, 987.61 (e)
With a payment of $4,848.22
Ms. Poe purposely structured these loans with monthly payments that she knew I could not afford. I feel she did this so I would have no choice but to default on the loan, then would have to turn to her for additional help, and then she could impose more fees and additional penalties.
At this point, she already had me at 90% value, and knew that it would be very hard to refinance again. As a professional broker, licensed by the State of California, how could she in good faith have my best interest in mind when she tried to steer me into these loans.
Negative Amortization
My monthly payment of $3871.00 does not cover the monthly payment so my principal balance increases each month.in fact, according to my 2006 Mortgage Interest Statement (attached), only $154.00 went towards the principal balance. The remaining $3717.90 went to the interest. The amount I will have to pay after I have made all payments would be $2,165, 987.61, which is almost four times what my house is worth.
Inaccurate Credit Reporting
For the last year I have been trying to resolve and correct errors on my credit report. I have provided all of the research and provided all necessary documents from the creditors stating all accounts were paid in full, along with copies of checks. I called day after day, week after week. I faxed, mailed & e-mailed. I have written about 200 letters or more. I paid for six of their online monitors services to help me fix their errors and inaccuracy on my credit report. I was asking for help and pleading for help for 11, months.
I did not get the support or help that the customer services staff entitled me to. My accounts were not properly handled and my credit score was not correct.in addition, the Interest rate that has cost me thousands of dollars due to my incorrect score.
We have the right to have the correct information reported on our credit report. I feel that I was mistreated by all three credit bureaus
I even receive a letter from National Consumer Assistance Center from Experian saying they were going to take action against me. Why didnt they just help
There has to be a reason why so much inaccuracy on my credit report.
Jan I still had five accounts open; one was due to fraud and a 30-day late from Ocwen Bank, which was incorrect. There were also 38 inquiries, which were not valid. All of these accounts should have shown paid in full as of October. This is when my nightmare with the credit bureaus began, and continues to this day.
4856 This account is not mine. I have called Cingular Wireless and they said that theyre going to send me a letter so I can take it to the police department it was never sent. I talked to Costumer Service about the bill and Costumer Service said that 4 phones were open on that account the address for the bill was 3023 Florida st in Oakland ca 94602. I have filed identify theft and place a fraud alert in my file with four credit bureaus.
The fraud alert was only to be in effect for 90 days. I requested that the fraud alert be removed on September 25. Dinah Watson of Equifax Office of Executive Consumer Service send me email if I wanted the fraud alert to be removed from my credit it would be deleted just email her back and she would take care of the remover of the fraud alert. I did send her an email to remove it this has never been removed, and is causing me further stress when trying to apply for any additional credit. On 8/06 the four credit bureaus placed a fraud alert on my credit report again without my permission and still to this day it remains on my credit report.
In this case it was not about fraud it was about bad reporting errors and inaccuracy inform on my credit report. Still the credit bureaus did not do what they were to do by law.
Dont I have any rights?
Also, about the Wells Fargo Visa I applied for.
Looking over my credit report 9-9 in this report it state that this wells Fargo account was open in 8. I receive the secured credit card 8-28. On this credit report it was update 9 Balance $334.00 it does not add up how can I owe $334.00 in ten days. And on my credit report just like that. As if they knew that, I was late before I was even late. This is not fair or right. The bank intercepted the money and I never used the credit card. Not even once and I paid $ 300. Of my money to open this account for noting but a bad deal. Again in the hand of the top Credit Bureaus.
I was informed by Dinah Watson of Equifax Office of Executive Consumer Service that a secured credit card would raise my score. I informed her by fax email and call when the card had been approved and got no confirmation that she had received my fax or did it improve my credit score. The bank intercepted the money and I never used my card. Therefore, by taking her advice, I am now further in dept. If this problem with my credit report been resolved nine months ago or two months ago my bank account would not have been overdrawn.
On 03/28/06
I received a credit report by CBCinnovis. On this credit report my credit scores read as follows:
Equifax 562; Trans Union 613; Experian 619.
On 03/30/06,
Argent Mortgage ran a copy of my credit report and my scores read
Equifax 560; Trans Union 594; Experian 605.
Equifax go down 2 points in two days. TransUnion 19 points in 2 days.
Experian go up 14 points in 2 days
Why did the mortgage use the credit report on the 3/30/06 and not the 3/28/06 with the better score only two day and it went down with Equifax 2 points and TransUnion 19 points and Experian 14 points
Why did my credit score with Equifax go down 2 points and TransUnion down 19 points Experian went down 14
On these two credit report date 3/28/06 and 3/30/06 there are the same errors.
AFNI. Account for $802 was showing past due that been paid in Oct 27 in full
Cingular wireless Account No. 18856. Was showing unpaid this was a fraudulent account,
30 days late. Ocwen Federal account 3174033 showing late that incorrect never was late. Have letters from Ocwen paid as agreed for all months verifying from their research department with a satisfactory payment history with Ocwen and a apologizing letter and. Taken off in 8/06.
78 inquiries In April Equifax deleted all Experian and TransUnion deleted 50 or more. This number of Inquires on my consumers credit file has adversely affected the credit score. These Inquires affected my credit score and interest rate and still to this date on my credit report.
Time-line of events which occurred from April until present
April paid $3871.19 on time
May - paid $3871.19 on time
June - paid $3871.19 on time
July - paid $3871.19 on time
August paid $3871.00 on time.
September Late on my first house payment.
Ms. Poe assured me that she was going to get me a loan where my monthly payment was going to be reduced to $1800.00, and I would receive approximately $30,000. I was to sign on Oct 11. At the last minute, she called and informed me that the best she could do was raising my house payment to over $4,000.00 per month and get only $6,000.00 cash back. I told her that I would not accept that.
10-06-06 received a Notice of Intent to foreclose from AMC on November 7 reinstatement balance of $7795.94.
11-06 Received Notice of Default from AMC (you have copies of all notices I have received from AMC & Towne & Country Title Services.inc.)
12-12-06 Met with a lawyer, Steven Small to review loan documents. He pointed out that Option One incorrectly charged interest at a rate of $80.00 per day for 02/06 04/06 for late payments. I was not late during that time. (See attached billing statements.)
01/15/07 Spoke with representative from AMC on phone and she informed me that I would need to pay at least $5000.00 if I wanted to set up any type of repayment plan. She also informed me that AMC does not restructure their loans to add amount of default to the end of the loan.
02-15-07 Spoke to customer service reprehensive from AMC to request a copy of a payment demand letter.
02-26-07 received copy of payment demand letter which stated a balance of $26,000 to reinstate the loan.
03/07 AMC sent two representatives from Titanium Solutions to my home to discuss possible solutions to avoid foreclosure. I was never informed that they were coming to my house so I was reluctant when asked to sign anything. I called AMC while they were still here, and AMC did not know anything about this meeting.
03/15/07 My water was turned off.
03/18/07 Seven on your side came to my home to hear my story, and interview me.
03/23/07 Received copy of Notice of Trustee Sale which will occur on 04/13/07. The notice stated that the amount of unpaid balance and other charges was $570,608.69. My initial loan was for $550,800.00.
03/26/06 Spoke to Michelle from Reinstatement department of AMC regarding possible solutions to reinstate this loan. She said that if we pay them $25,000.00 down, she would reinstate the loan, but an additional $900.00 would be added to the monthly payments for the next 11 months. That would make the monthly payment $4800.00. I informed her that that was an unrealistic solution. I then asked if she would extend the foreclosure date. She stated that the only way AMC will extend the foreclosure date is if we send them proof that there is an interested buyer that has been approved for an amount which would satisfy the loan. She also said in addition to an approval letter, we would need to send a copy of the contract and HUD papers.
04/06/07 Received another payment demand notice which stated a balance of $35,969.36. (An additional $10,000 in fees in just 1 month).
April 5 I receive copies of the documents that were Record though the
Alameda County the document that I receive were all forge I have 20 pages all have been forge
Deeds of Trust it looks like my name was white out, Also my name were forger on all the docs and Initials too.
04/06/07 Met with a real estate agent to list my property for sale. (This is as a last resort).
04/11/07 ERIC MUSIO, reinstatement dept AMC I informed Eric of my sale date of 4/13/07. After looking over closing package, sent to me by AMC, I noticed all inaccuracies, Eric informed me to fax the papers to him and he would forward them to the Office of the President, of Argent. He informed me to call the Argents office of the President the following morning and ask for Rick Roberts
04/12/07 Rick Roberts, Argent Office of the President When I asked Mr. Roberts for status, he informed me to contact the legal department for information. I left a message in the legal department.
04/12/07 Trish, Legal Department Called me to inform me that the sale date has been postponed for 30 days for investigation.
04/13/07 Reinstatement Department Confirmed 30 day extension, and asked for something in writing. New sale date is May 14.
04/16/07 Roxanne, Reinstatement Department, Asked what is going to happen in the next 30 days. She told me to call Argent, Office of the President for information.
04/16/07 Patricia, Office of the President Informed me that my file has not been assigned as of today, and to call Angie in the legal department, 888-311-4721, refer to file #170917 tomorrow.
04/26/07 Marc at Argent Informed me that the file was sent to the fraud department, and referred me to Eddie Misilli who handles fraud cases. At x 10213. He informed me that in these cases AMC will try to work with the Borrower. I told him we have not received any calls from AMC and have left several messages.
04/26/07 Eddie Miselli,
fraud dept. X 10213 Left voicemail for Mr. Miselli to call back at 4:00 pm.
05/10/07 Marc VerPlanck
Argent Mortgage
1-888-311-4721 Received an ID Theft package from Argent Mortgage to confirm that this was an ID theft. Mark stated that because the documents were forged that it makes it ID theft.
There is more to come
Nick
alameda, California
U.S.A.
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