In Feb EMC mortgage purchased my loan on the secondary market. The first week after EMC purchased my loan they sent me a letter notifing me that I was behind in payments. After giving them a list of EVERY check sent they are not even sure what check is missing. Seems that they have LOST ALL records concerning my account.
They have sent 3 "Notices of Default" all in violation of RESPA. RESPA makes it clear that these notices are to be sent "Certified Mail" And they have not done so. Also after sending a "Qualified Letter" which threaten them with legal action they promptly started runing my credit by fraduntly giving the Credit reporting agencys false information about my account. RESPA Section 6 forbids any such action by a loan servicing company for 60 business days after recpit of such "Qualified" letter.
After reasearching EMC this past weekend I believe that EMC mortgage should be banned from home lending for a period of three years. Also an account should be set up so that all current EMC transactions are done under the law.
Futhermore all EMC emploies that violate federal RESPA laws should be held CRIMINALLY liable and spend a minimum of 6 months in jail per violation. I just completed sending off complaints to the FTC, HUD, and the Real Estate bord for license violations and RESPA violations.
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