Our two years of hell with Centex Home Equity LLC. We fell behind in our house payments due to a temporary forced suspension at my employment. We explained this to Centex to cover our house payment. They starting by taking more money than the agreed dollar amount out of our bank account. Which caused overdraft fees through our bank. The never told us about their $15.00 processing fee for the check by phone service.
Their letter allerting us of the amount that they would be taking out of our bank account always came after the transaction instead of the 5-10 days prior according to law. These letters never had dates on them as to when they were sent out. I'll bet there copy did. When we stopped payment on one of the transactions due to receiving one of these letters with no date and for the wrong dollar amount and the wrong check number I told my bank not to honor any transactions from Centex from that day on! Then the phone calls started at home, at work, or wherever they could get ahold of me. This was happening 5 to 6 times a day.
From early in the morning to late at night even on weekends. I was awoken early one morning to one of these calls and was promptly asked when I would be vacating the premises. Two hours later I was told I would be prosecuted Criminally for writing a bad check which was never written or sent to them. After four months of harassment and mental abuse we contacted an attorney in Jan. Of 2003. He negociated a 4 month loan modification with Centex. Centex agreed this should give us an opportunity to refinance.
Wrong, Centex aparantly made our credit report say paying as agreed; 120 days late. No one would touch us. So we are stuck with Centex who would gladly refinance us for the same terms as before. We then contacted the Kansas State Banking Commission who licenses and regulates mortgages and brokers in our state. It took two attempts for Centex to respond to them. The State Banking Commission told them that they could not have a prepayment penalty and their interest rate was to high according to Kansas Usury Laws. Which is what the mortgage was governed by since they chose to abide by Kansas Law. They (of course) disagree to their own mortgage and asked for a ruling by the Kasas Attorney General. The State Banking Commission agreed to turn it over the the Kansas AG office for a ruling.
Cented promptly had us served with forclosure papers the next day. Which stopped all involvement of the Attorney General Office, this was October 15. We have filed a counter claim and asked for a jury trial, but they don't want one. According to the Kansas State Banking Commission the whole mortgage is illegal. We have been hit with thousands of dollars in charges and have no equity left in our home. This has not been settled yet and Centex is very slow in responding to our Attorneys request for information. Is there a time limit on how long a forclosure motion can sit without it going to court? As we just found out the Judge had set a motion for dismissal for April 30. We finally just this weekend (May 8) got to see the letter from Centex's Attorney asking our attorney to stop the dismissal Hearing!!!
This has been going on for 2 years and could have been settled a year and a half ago, but Centex is out after one thing our house and the equity that once was there. Centex is also aking us to pay 14 months of interest that has accrued due to there lack of response to our Attorney, State Banking Commission and to their own Attorney and The Court. The duress and harrassment that Centex has put myself and my family through is almost to much to bear. How can we stop them.
0 comments