I bought a house a year ago and my mortgage was sold twice and finally ended up with Litton Loan Servicing. After 4 months on never receiving my statements or coupon book I called the orginating mortgage company and they informed me that Litton now was servicing my loan.
I called Litton and spoke to one of the rudest people in my life. I was told that they were not required by law to provide me with a statement or a coupon book. I made my payments within the time frame that I was suppose to, however, my payments never posted in a timely fashion so they started applying part of my payments toward CORPORATE FEES and LATE FEES.
I then started sending in an overage on my monthly payment and the overage payment never posted only the actual amount of my payment.in August we had a fraud on our bank account which wiped us out and we had to start over.
We notified Litton Loan Servicing that we would be late on our payment and that we would make a payment in September to them. Needless to say things did not work out how we expected and in October we sent them a payment for August, by this time we started receiving phone calls on a daily basis we kept telling the representatives to document our calls they would not, they made threats to me on the phone that if I did not do an auto draft on the phone right then and there that they would send me to foreclosure.
I do know some of the laws on foreclosure and fair Debt Collection Practice Acts so this did not work for me and I would tell the representatives that it was illegal and a form of harrasement to say these things. We then subsequently tried to send in another payment which Litton would not post. So now we owed for 3 months of payments.
I called and spoke to a representative in their Loss Mitigation department and made a payment arrangement with Lawrance that we would send a payment to them by December 5th he said this would protect us and that at that time they could discuss a modification with us. We sent the payment. They sent us to foreclosure.
The letters they sent us only gave us 13 business days to respond for those of you with this problem here is a tidbit under the Uniform Nonjudicial foreclosure act you have the right to a Due Process and there is a clause that is provided to us called the: Due Process Clause of the Due Process: Notice and Hearing Act of the Uniform Nonjudical Foreclosure Act and it states, Fundamental fairness would seem to demand all persons whose rights may be destroyed by a foreclosure should have advance notice of the proceeding and opportunity to show why it should not go forward.
This act, therefore, provides (in Sections 203 and 204 that notice to all whose property rights are put at risk by a foreclosure be provided. It also provides in Section 205, an opportunity for any other perosn who wishes to receive notice of the foreclosure to file a request for such notice in the public record.
In addition, this act provides residential debtors and other affected parties (section 206) the right to an informal meeting with the responsible representative of the secured creditor at a convenient location to present reasons why the foreclosure should not go forward. This act is intended to gaurd debtors against the fundamental unfairness of a mistakenly-conducted foreclosure that is legally improper.
In accordance this notice must allow 30 days from the date of receipt of notification. I only know this because this in now the second time Litton has tried to foreclose on us. We have made every attempt to comply with their requests and we have pleaded for a modification and they keep telling us NO they won't help us. They even referred us to Titanium Solutions there so called refinance company.
Be careful, they get their refinance offer directly from Litton. With us they were saying that we owed them $9,785.00 however, we were able to provided documents to show that we had complied with an arrangement with Litton Loan servicing prior to them sending us to forecloser so Litton was required to have their representative (attorney?) close the case and reverse the attorney fees and Public Trustee filing fees, we then turned around and sent them 3 payments in the amount $5,172.00 at this time they were suppose to do a modification and did not do so, but also did not remove all the fees so in essence we only owed them 3448.00 at this time, there offer was a $5,000 donation or UPO fee which we were told would go to the amount of the fees in arrear (but there were none) and then we would be refinanced at 7.81% and this would lower our monthly payments to 1924.00 per month.
Our current payment was only 1724.00 per month and we were paying a. 1% higher rate of 7.82% so how did they figure.in essence we would pay them $5,000 to pay off $3,448.00 and then they would modify our loan and put the remaining balance which they were saying was still $5,484.00 at the back of the loan and that our new payments for a 30 Year loan would be $1924.00 per month.
So what a deal. I get to pay more then what I orginally started out with. I tried to explain this to them and because I refused to do this they said it was a refusal to accept a payment arrangement and there fore could send me to foreclosure again.
As of today we are once again fighting them. We have had to hire a Mediator to step in, but Litton has been putting them off and keep telling them it will be a couple of weeks before they can even look at our file.
So on June 6 we received our second notice to go to Court in 10 Days. There are things you can do just check with your local Attorney General Office and look carefully at the FDCPA Laws and Foreclosure laws.
We are fighting and if any one can help please let me know.
0 comments