Date: May 25
Re: National City Mortgage
National City Mortgage Company
3232 Newmark Drive
Miamisburg, Ohio, 455342
I found myself in a financial crisis due to the falling real estate market.
I had borrowed money from a friend to get my credit cards paid and had been borrowing money to pay my mortgage and live. I had also taken a second job, but was unable to make much money at that job.
APRIL
In mid-April I put my house on the market, priced well below the appraised value that had been given me by National City (it was appraised at 750,000). Since I was unable to make my payments I was determined to sell it aggressively, though it meant losing money.
At that time I spoke with the National City Homeowner's Assistance Department regarding my difficulties. They sent me an income-expense form and a request for further information. I returned that form within several weeks.
MAY
In May, I made a partial payment of $1000.00. Now, in reviewing all my documents I realized that I sent a partial payment of $1000.00, the check had been cashed and never reflected in any statement. Since I was required to pay the full amount that month, it seems that they kept the 1000. And they double billed me.
On a letter dated May 14 I received a letter advising me of a breach of contract and requiring a payment of $6519.22 on or before June 13. There was no mention of my application for a workout package
On a letter dated May 15, I received a letter from Consumer Counseling advising me that I was delinquent two months and the payment due was $4314.52. They gave me choices of several options but again there was no mention of my workout package that I had sent.
I had a conversation with the bank on May 28th. On May 30th I received a letter from the consumer counseling department (dated May 21) confirming a payment I had to make by May 31 (by cashier's check). Of course that proved to be impossible with short notice and a national holiday. However I called and advised them that the check had been mailed overnight.
JUNE
On June 3rd, I received a note advising me that my mortgage was more than 30 days due and they attached a payoff statement. Since I had just been asked to resend the workout package because they could not find it, I was getting very panicked.
The above payoff statement was a s follows. June 1st was first scheduled payment. July 1st was next and every month on the same day through December. The payment was to be $1054.91.
On June 27 I received a second or third letter from the bank asking me for information regarding a workout package and I was again required to send the workout package since they told me they had never received it. I received another letter about it dated July 23). They requested a copy of my listing agreement which I immediately returned to the bank.
JULY
On July 7 I received another letter advising me of a breach of contract and requiring a payment of $6401.26 on or before June 13. There was no mention of my application for a workout package nor mention of all the previous letters.
On July 15 I received a letter regarding my loan being two months delinquent for the amount of $4196.56. Once again they were asking me to apply for a workout package. Which I sent out twice.
AUGUST
I received a letter dated August 11 advising me that my account had been referred to their attorney, Whittington and Aulgur. I was advised if I wanted to look at any alternatives I would have to contact the attorney. This was signed by the Foreclosure Department. I called the attorneys office twice and received no call backs.
I received a letter dated August 12 from the bank's foreclosure committee and I was advised that it had been approved for a workout package. They offered me several new options including a modification package, a partial claim, a deed in lieu or a short sale. At this point I will say that there was several hundred thousand dollars of equity in the house that they didn't notice and a short sale was not possible.
A letter was also mailed to me dated August 28 that the bank had reviewed the value of my house and determined that it was under-insured and that they were requiring me to raise the insurance policy.
I received a forbearance agreement dated August 29, from the attorney's office which I signed and returned regarding the payments.
September 2
Check for the first payment was mailed
Approx. Mid-September I asked the Loan Department if I needed to send the payment due for October and November since the house was going to closing within a month I said an additional several thousand dollars would mean that I would have trouble buying food and medication.
The bank advised me that I would have to... So I did
October 2
Checks for October and November payments were mailed Fedex
October 2
That same day I was called by a sheriff advising me that they had a package to give me. I was served with foreclosure papers at my house the next day. Clearly because of the timing, the bank had proceeded with the foreclosure before without waiting to see if I would make the payments. At that point I had to hire my own attorney and pay the bank's attorney as well.
NOVEMBER
The closing date for my house was on November 14. I received no explanation at the settlement of the amount of money in interest and charges taken from the contract. Nor have I ever been able to get anything.
FYI:
The tactics used by this bank were unforgivable.in a period when even the smartest of us are confused, Intimidation
The level of intimidation by the bank was very high. My neighbors told me that they was calling about me. I would come home and find business cards from the bank telling me to call them. When I called they told me they could do whatever they wanted.
I wrote a complaint to the Better Business Bureau regarding this entire transaction. I received a letter via Fedex from the bank (the first time they documented anything via mail) denying any mistreatment (see attached letter). They claimed that they put me in foreclosure because of a telephone conversation I had with them in November. I paid November's fee in October. (very confusing letter attached)
National City misrepresented the process of the workout package by sending me contradicting letters and time-lines. They advised me that they were my financial counselors and taking advantage of what was a very difficult time.
They pressed me to take a short sale when there was excess equity in the house
They provided me with inconsistent and contradictory records of the amounts I owed.
They provided no records of the money that I sent in a timely manner as agreed on for the workout package.
They did not disclosing the amount of money that had been paid to National City for the workout package (over 6,000). These were paid by two certified checks.
They forced me into a position where I had to pay for both my attorney and their attorney to handle what should have been a straight forward sale.
At the closing they gave no itemization, nor documentation of the money that I paid to them.
After the settlement they sent no documentation or itemization or accounting of the bank charges on the settlement sheet.
After the settlement, they sent no accounting of the dispersal of the escrow account.
The other day I discovered they had cashed the check they put me in foreclosure over.
Susanpom
Lewes, Delaware
U.S.A.
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