Litton had purchased my loan from Cendant Mortgage Corporation. At Cendant Mortgage Corporation $7000.00 was being held in a suspence account. Since Cendant Mortgage Corporation had stopped sending me statements and Litton never sent them to me I did not find out about the misapproprited funds until I received a Notice of Default and Election to Sell Under Deed of Trust and a Debt Validation Notice from Robert E. Weiss, Inc. A trustee assigned to account.
Since I had not been receiving statements or given any other kind of notification that there had been a problem with my account, at first I could not figure out how they had come up with the default amount. The trustee was no help. They would not return my calls or answer my letters. For that matter, neither was Cendant Mortgage Corp or Litton Loan Servicing LP.
After hours of using my own accounting skills I discovered that it was the funds in my suspence account that were not being included in the default amount. I sent proof of the payments to everyone involved, but no one would respond or acknowledge the existence of the $7000.00. The only way Litton would cure the default was by me sending them a duplicate payment for the $7000.00.
I could not afford to do this, so had to hire an attorney to file for chapter 13 bankruptcy. Litton hired Robert E. Weiss, Inc. The attorney who had been the trustee to represent them as their attorney in the bankruptcy. They would not return my attorneys calls.
Went to the meeting of creditors with a suitcase full of paperwork to proove I had made the $7000.00 in payments, that were not being included in the filing. Litton or their attorney did not show up at this meeting to dispute my claim.
However, the day after the meeting of creditors they filed a proof of claim to include that same $7000.00. I have sent several letters to both Litton Loan Servicing LLP and Robert E. Weiss Inc, since that time via certified mail return receipt requested. They were signed for but never responded to.included in those packages were copies of all payments not being included and copies of all previous correspondence.
Unless this is corrected, I will have to hire my attorney back again to file an objection to their proof of claim. If I do not do this I assume they will use the $7000.00 to restart the foreclosure proceedings.
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