After countless attempts to resolve the following issues amicably via telephone and written correspondence with America Servicing Company/Wells Fargo I am now seeking third party assistance. The aforementioned companies have made incessant and purposeful accounting errors on my home loan and are using fraudulent accounting practices to try to illegally foreclose on my (and many other home owners) home without cause or proper legal notice.
ASC has already lost several of my payments and previously foreclosed on my home in 2006 even though I had proof of payment in the form of a Cashier's Check and an attorney signed letter/receipt on the Law Firm's letter head that was accepting the payments for ASC at the time. I was later told that "it was all a mistake" and ASC later 'reversed the sale of my home' but never updated the municipal, tax or public records to indicate that I am the owner of the property. I have now been going through a similar challenge with ASC/Wells Fargo again since October and am in the process of fighting for my rights to retain my home after having made ALL of my mortgage payments (with corroborating documentation).
As space is limited, here is a summary of some of the problems that Wells Fargo (doing business as ASC-America Servicing Company) has refused to address or resolve:
1. ASC refused to set me up in a timely fashion on their Auto Payment Plan. They finally set me up on their Plan several months later after I was forced to make phone payments and pay a "convenience/service fee" with each payment.
2. ASC reanalyzed my Escrow Account 3 times within a couple of months and changed my mortgage payment on 3 separate occasions, adding hundreds of dollars per month to my mortgage payment without notice.
3. ASC unauthorized and undisclosed change in the amount drafted from my bank account caused several expensive overdraft fees. They promised to reimburse me for the fees but later refused to do so.
4. ASC cancelled my Auto Payment Plan without notice and refused to cash my paper checks that I sent to replace the payments, then claimed that I wasn't making my payments—though I had proof of said payments.
5. I then made a phone payment with ASC's own pay-by-phone system. Ironically, ASC again claimed that they never received said payment and initially didn't include it in their own Accounting Payment Recap. Of course, my own bank had receipt of not only the payment but also the recipient... ASC.
6. ASC continually added late fees to my mortgage account even though I was making timely payments. I was told by two different Customer Service Representatives that the late fees would be reversed/refunded to me. However, like the overdraft fee refund promise... ASC never delivered on this fee refund promise either.
7. Every conversation with ASC/Wells Fargo rep or Supervisor leads to a different story about the errors, overages, proposed refunds, missing then found payments, etc.
8. Force Placed Insurance was added to my mortgage loan—although ASC had proof of insurance maintained by the Condominium Association—which again spiked my mortgage payment. I was supposed to receive a refund for said Force Placed Insurance along with a refund of the corresponding other fees that had been assessed. Only a partial Insurance refund was issued much later than agreed.
9. I was sent an Escrow Disclosure Statement with a substantial surplus (several thousand dollars) and was told that I would receive the refund once my payments were current. Clearly my payments were current had ASC followed proper accounting practices instead of losing/misplacing and misappropriating my payments and/or refusing to cash the checks that I sent to their office (some by Certified Mail / Return Receipt).
10. ASC/Wells Fargo has purposefully and maliciously reported incorrect negative information to the 3 National Credit Bureaus, thus severely damaging my previously stellar credit rating and making it impossible for me to refinance with another mortgage company.
The above 10 items and the previously outlined "accidental foreclosure/unlawful sale of my home in 2006" are just the very tip of the iceberg of egregious behaviour and unlawful practices that I have been the victim of by Wells Fargo doing business as America Servicing Company. I am actively looking to help as many people as possible that are (or have in the past) experiencing the same or addtional problems with either of these two companies. If anyone is aware of a class action lawsuit already in existence against either or both of these companies, please contact me immediately. Otherwise, I will be more than willing to do the work to seek assistance in organizing one, as I have seen numerous cries for such an opportunity from my fellow complaint Victims of ASC/Wells Fargo.
0 comments