I am contacting you for advice for my housemate that is having some serious issues with Wachovia Mortgage Company. Below is her story. If possible PLEASE pass this along to anyone that knows the law and could possibly help us keep our house as we are clearly being taken advantage of. The next court date is May 9th.
I have been going back and forth with Wachovia Mortgage Company for a year since they decided to foreclose on my home for what I believe is an accounting error on their part.
I had no idea what was going on when the Sheriff's office showed up at my door to serve me papers for a foreclosure on my home. It took months of phone calls and letters to get nothing resolved. Their lawyers kept telling me it was due to my account being past due since March. I sent to them copies of returned checks and proof of payment. Their lawyers could not understand the reasoning for the foreclosure. It took them three months and without any additional information from Wachovia they proceeded with the selling of my home.
I had no other choice but to hire a lawyer. Who has now admitted to me that he is completely over his head and just wants me to either foreclose or file bankruptcy on a home I have been in for 15 years and never missed a payment. It took him three months of phone calls and letters to find out that they performed audits on their accounts in the beginning of 2007 and discovered a missed payment in May. When he contacted me with that information, I quickly went through all of the information I had on hand from Wachovia and discovered a few months of original statements from July through October. Amazingly enough, those statements did NOT show a missed or past due payment. We contacted their lawyers and all they could come up with was a reinstatement of almost $13,000.
We have appeared in front of Judge Abramson in Donaldsonville, which she urged Wachovia's lawyer to settle this situation without appearing in her court again. We were scheduled to go back to court on March 3. Both lawyers had come to an agreement on the Friday before that we were going to settle this situation out of court. I contacted Wachovia and spoke to them about making some type of arrangement to pay their reinstatement. I was doing this only to keep my home. I still felt that I was being mistreated in this whole situation, but I wanted to finally just be able to relax in my own home. They rejected their own offer to settle on the phone on Friday after the lawyer's had already contacted the court that we were settling. Yes, I said they rejected their own offer. This is something their lawyer doesn't seem to understand either.
Now they will start proceeding with the selling of my home. I have exhausted all of my options and now I am reaching out to anyone that will listen. My lawyer has suggested that I send my story out and hopes as well that someone will help me by giving me some suggestions on what I can do next.
I am not the type that will purposely miss a payment nor would I just let it go. If they would have informed me, I would have sent them the missed payment. Unfortunately, they did not do that.instead they have refused my payments monthly to them and have decided to add late payments, court fees, lawyer fees and many other charges for me to pay in order to keep my home.
Can you please help me in some way to keep a home that I have worked so hard on for the past 15 years? This is not a fancy home, but it is mine and I love my home!