This is a far more detailed issue than what follows. I will make this as short as possible. My spouse was injured in November of 1999 and was unable to drive our truck for a year and a half.
I called Option One Mortage and informed them I could not make my December payment but that I could make a payment in Jan and as soon as my husband could return to work in April I could get caught up. The person I talked to said that was fine and they would notate the account.
I sent a full payment the first of January, and sent another payment the end of January for Feb. They returned my Feb. Payment requesting certified funds and notified me they were going to start foreclosure proceedings.
I did send certified funds for Feb. I was given a date I had to be caught up by and I did get caught up by the end of March. Then I received my January payment in the mail that was never processed.
I finally had to file Chapter 13 bankruptcy in April to prevent foreclosure. They put the arrears in the Chapter 13 and I made regular payments direct to Option One.in Feb Excel Transportation cancelled our lease on the truck. We went to lease on to another company and my husband failed the physical due to a hernia. He had surgery and leased the truck in May to Plains Transportation. We had to convert to Chapter 7 in May as I could no longer make the Chapter 13 payments.
I sent in my July payment to Option One and the first week of August we received a notice of acceleration of the note. I had never missed a payment and I never received a notice of an amount to cure. I received my July payment that was never processed in the mail in August.
After trying to work with Option One and fight to keep our house, we lost our house and was ordered to be out by March 7. The entire incident is written in detail and filed at the Castro County Courthouse. The acceleration notice and notice of foreclosure was in the name of Wells Fargo Bank.
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