I first contacted Cendant Mortgage Corporation towards the end of year 2002 to advise them that I was having financial difficulties and requested assistance. To help me with this problem they cancelled my home insurance escrow account and set up a suspense account to which I could make partial payments until I could get back on my feet.
Discrepancies in the total amount due figures first started showing up on my monthly statements in December. After not receiving any responses to 7 separate letters I sent, my account was finally credited back for $441.12 in April of but not correcting the $132.16 erroneously posted to a closed escrow account.
In May of an entry hit the suspense account reading "Pay Reversal", debiting it for $746.90. Then the 3 online payments I made on (6/6/03 for $294.75,6/19/03 for $1173.81, & 7/10/03 for $500.00) did not get posted.
I sent another 5 letters between May and July requesting the disposition of the $2,715.46 in misappropriated funds and the $132.16 still erroneously posted to a closed escrow account.
In my 5th letter I accused them of the misappropriation of funds in the amount of $2,847.62. None of these letters were responded to. It was after this that they stopped sending my monthly statements.
Between July and March I made another 18 Deposits totaling $3,943.82 and sent another 7 letters requesting my current and past statements which all went unanswered and status of my past letters regarding the misappropriation of funds.
Since March 10, I am missing a total of $6,791.44 in misappropriated funds. Cendant did not send me any kind of 2003 tax reporting information or year end statement, so I am not even sure if these funds were reported as being received by them to the IRS.
On October 20, I received a letter from Cendant Mortgage Corporation, advising me that my interest only loan payment for $1,173.81 would be converting to a variable loan payment for $930.74 effective January 1.
On February 4, I received an envelope postmarked January 30, with a Debt Validation Notice and a Notice of Default and Election to Sell Under Deed of Trust, which were both filed with the Riverside County Recorder's Office on January 9. This package came from the law firm of Robert E. Weiss, Inc. The total amount due included the $6,791.44 still in the possession of Cendant Mortgage Corporations Mortgage Service Center, and did not show the monthly payment change to $930.74.
I disputed the Debt and sent Robert E. Weiss, Inc. Proof of the $6,791.44 in payments not included in their accounting via certified mail, return receipt requested.in this package I also included all my previous correspondence with Cendant Mortgage Corporation. This was ignored and the foreclosure proceedings continued regardless.
There was no prior default notice or the 30-day notice prior to acceleration, as required by the Deed of Trust sent to me by Cendant Mortgage Corporation or anyone else.
Effective March 11, my loan was sold to Litton Loan Servicing, L.P. At that time I filed a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA). I sent Litton Loan Servicing, L.P. All correspondence, including the proof of payments sent to Cendant Mortgage Corporation previously. Litton acknowledged receipt of this on March 22, but did not respond thereafter.
I continued to send Cendant Mortgage Corporation, Litton Loan Servicing, L.P., and Robert E. Weiss, Inc., copies of proof of payment and the unanswered correspondence dating back to December of disputing the debt and requesting copies of statements.
Rather then loose my house in foreclosure, the unresponsiveness of all parties involved forced me to file for Chapter 13 Bankruptcy on March 30. I wanted to include the proof of payments in that filing but my attorney told me that it was not necessary and that I would be able to dispute the dollar amounts at the Hearing on May 5.
On May 5, I appeared at the hearing with my attorney and a suitcase full of the necessary proof required to show that the debt they were trying to enforce was not correct. Cendant Mortgage Corporation, Litton Loan Servicing, L.P., or Robert E. Weiss, Inc., did not show at that hearing. I was told that this was a good thing since my figures were not being disputed.
On May 6, one day after the hearing, Robert E. Weiss, Inc. Submitted a Proof of Claim Form to the court with the same incorrect figures, this time adjusting the monthly payment amount from $1,173.81 to $930.74, but still including the $6,791.44 already collected.
On May 24, Cendant's Mortgage Center sent a check to me dated May 18, in the amount of $746.90, to correct the May entry debiting my account. I voided and returned this check to Robert E. Weiss, Inc., as I had already included this dollar amount in my case. It appears the check has been issued to justify a portion of their claim.
On August 17, Robert E. Weiss, Inc. Submitted a claim to the Bankruptcy court claim disputing the amount I had filed for on March 30 in a Notice of Intent to Pay Claims, and included the same $6,791.44 as still being owed.
Cendant Mortgage Corporation, Litton Loan Servicing L.P., and Robert E. Weiss Inc. Are working together to cover the theft of $6,791.44 in funds collected from myself. They have already used this debt in the preparation of the fraudulant claims filed with the Bankruptcy Court and the County of Riverside. They have already cost me $1,700.00 in attorney fees to save my home and are now forcing me to spend more money in attorney fees to place an objection to their claim.
Please note, that this could have all been resolved at the hearing, but I believe they intentionally did not show up because they knew they could not justify their claim.instead they are dragging this on and trying to financially break me to the point that they can take my home.
To date I have been ripped off for $8,491.44 by Cendant Mortgage Corporation, Litton Loan Servicing L.P., and Robert E. Weiss Inc..
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