Borrower, now deceased, was solicited by AHMSI to "roll back" outstanding arrears, penalties and interest, pay all pending impounds for insurance and property taxes, in exchange for signing documents that reduced the then ARM 10% loan to a "step" rated fixed loan beginning with 5% for the first five years, then 6% for a period, then 7% for balance of term to pay off. Borrower entered into numerous telecommunications with various employees of AHMSI and kept notes to that effect.
Borrower was forced to "replace" a bona fide cashiers check issued by Wells Fargo Bank because the lender stated that the check was not included with the signed agreements that the borrower had shipped to Irving, Texas by UPS overnight courier.
Borrower, in fact, complied with AHMSIs demand he "MoneyGram" those same funds, NOT LATER THAN Friday, February 13th by %PM Central Time. Receipts from MoneyGram at WalMart service counter reveal those funds were, in fact, sent as instructed to AHMSI and in the amount demanded, BEFORE February 13th, thereby meeting 100% of all requirements demanded of the borrower.
Borrower died in his sleep less than 48 hours following AHMSIs "deadline".
Borrowers estate may be alleging that AHMSI is guilty, at least partly to blame for borrowers death, if not entirely so.
Borrowers estate has notified AHMSI by mailing a copy of borrowers death certificate during the month of March and had considered paying the modified monthly mortgage until such time as probate releases property to next of kin.
Borrowers estate knew and believed that the borrower had completed his part of the loan modification which AHMSI had offered him in the first place and that the borrower, at all times acted in good faith with the lender, AHMSI.
However, with documents that validate that the borrowers new monthly payment and modified loan agreement were legal, the borrowers estate was shocked when AHMSI did NOT bill for the month of May for the amount specified under the new monthly payment agreement and, instead, continues billing the deceased borrower at the old ARM 10% monthly payment and has added new arrears to the loan, as if the borrower did nothing at all as described hereinabove.
In addition, AHMSI has set forth, it appears, a plan to foreclose the property and has put the estate of the deceased, and its heirs, in grievous peril by which one heir may end up homeless.
AHMSI has, in good faith belief by the estate of the borrower, acted in BAD FAITH regarding the borrowers diligent good faith compliance with AHMSIs requirements tto take advantage of the loan modification offer. AHMSI, effectively, swindled the borrow out of the funds he, in good faith, MoneyGrammed to AHMSI.By all evidence to date AHMSI deceived the borrower, held up false hope that borrowers arrears were brought current, when, in fact, all AHMSI diud do was to create a burden of stress so heavy, so great that AHMSI, allegedlt may have caused tghe death of the borrower. The estate is struggling to put together the legal issues by which to file forlegal redress to attend to the fraud and breach of contract and fiduciary duty being the party with the superior knowledge and position to take advantage of its customer who they knew would be disadvantaged and the reason AHMSI did this was to be able to take control of the borrowers real estate at great gain tgo AHMSI and great loss to the borrower, the facts will show.
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