EMC Mortgage
Rip-off! I'm not behind on payments yet they are foreclosing!

EMC Mortgage purchased my loan in May from Washington Mutual. I received the usual letter informing me that my loan had been sold to EMC Mortgage. I was not told at that time that the loan was considered delinquent nor that foreclosure was on the horizon.

Four months later I received a demand letter to pay my mortgage payments or I would be foreclosed on. The letter asserted that I had made no payments since June. I called, obtained a fax number and sent a letter along with copies of canceled checks showing that the payments had been made.

Then, EMC asserted that they were going to foreclose because of a previous bankruptcy and they asserted that I hadn't reinstated the loan. I quoted the law to them that bankruptcy does not discharge the obligations for a mortage. As long as the mortgage is paid, the loan is reinstated. I had been paying on the loan for almost 18 months after bankruptcy.

They then asserted that the foreclosure was for a lack of payments between June and December. I called again, told them that I was sending a copy of a cashed/canceled check from Washington Mutual, dated in December for that amount. EMC said that they couldn't accept the fax as the file was already at the attorneys office in Columbus.

I had a good real estate attorney file an answer and attempt to negotiate with EMC Mortgage. It took the attorney three months to get a pay-off amount, and five months to get a re-instatement amount. The reinstatement amount has figures that just don't add up. I told the attorney that I wasn't paying to reinstate, and EMC has gone for a sale date.

I'm so angry I can't see straight. EMC won't work with anyone, not even attorneys, if they think they can get away with it. I don't owe this company one thin dime, and yet they are going to foreclose on an investment property of mine.

If anyone knows of a class action lawsuit against this company, please let me know!

William
south lake tahoe, California
U.S.A.

Company: EMC Mortgage
Country: USA
State: Texas
City: Irving
Address: P.O. Box 141358
Phone: 8885774011

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