I was contacted by Ben Warton of Option Mortgage lending. He said he had received my information from Ameriquest and could refinance and payoff debt with cash out in 7- 10 days late night 1/9/06. I qualified for 5.5-5.75% 30yr fixed rate loan$2.390 payment. I faxed copy of current mortgage statment, current paystubs, bank statements & Business License for full doc loan. I had recently had an employee embezzle from my business and needed the cash for capital. We were desperate and Ben Warton took advantage of us. We did not receive the loan docs until late 01/24/06 and they did not payoff Ameriquest until 02/6/08.
When the loan docs arrived for signing the loan was for $4167 per month 11%adjustible rate with $296K balloon payment at 30 years (I did not realize the magnitude of this horrendous loan until 6 months later). He over stated our income, we were struggling making a $2,200 pymnt to Ameriquest and paying debt. How did he qualify us for $4167 and not consolidate any debt. His origination fees/commission was $20K more than our $15K cash out which went right back to them in March, April & May payments.
I contacted Ben Warton in front of Notary and Spouse, why payment and interest were so high and not what he had stated they would be. He said because we were late with our last Ameriquest payment he needed us to show good faith and make 3 payments of $4167 and then he would lower the payment to $2390 as promised. He was the lender so he could do this. He said he was fed-exing a promise for us to sign that both parties would adhere to. We signed docs and waited for Fed-ex that never arrived - I could not reach him until the 3 days to cancel had passed. Ben said he put our file in his tickler to call us to lower our payment in May. I paid the 3 months and come May I repeated called him (always busy, out, in meetings or would call me back) Finally, July 06 I get a new good faith estimate, but he keeps trying to get me to send June and July $4167 payments each — I don't have the money he pressures me to much. My husband contacted him and he changed his story and lied again and again. Nathaniel his supervisor never returned calls. We felt uneasy since the signing took place but now we were sure we had made a mistake with this loan and company.
We tried to refinance but did not have equity left to cover loan and were 3 months late. I lost my Business and were forced to file for Bankruptcy and our home went into foreclosure. We have been served with and Unlawful Detainer and are days of probable eviction. I did discover that Option Mortgage filed and recorded a fraudulent Deed of Trust with the County Recorder penal coded 115.5 $75,000 penalty plus Notary violations. Check your Deed of Trust against Interspousal Deed (if there is one) and verigfy the Notary who signed and stamped it is the Notary you signed before - if not - You have a fraudulent Deed also. We need to get together and file a lawsuit against this company - maybe together we can fight this servicing monster.
We have contacted FTC, Sec of State, County Recorder, Dept of Corp, DA, DRE, Governor, Mayor, Senators, etc... They are all to behind to help. We are a family of 5 and have suffered irreparrable damage both financially as well as physically. We have had many sleepless nights and heartache. Our children worry daily, "Is this the day we will be thrown out of our home of 9 years."
All we have worked for, for the last 9 years was to pay for our home. Because of some unscrupulus businessness men who lack integrity and ethics and use peoples trust and desperation to take advantage of them. We are on the verge of losing it all. I pray daily for a miracle to save us.
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