I have had a mortgage with Bank One since 1999. I have made every payment as agreed. On 2.17.02 they filed a motion to foreclose on my property because they could not find two payments back in 2000. They never contacted me previously to indicate a problem to this effect.
In June I opened a Bank One checking account to have the payments directly taken from my checking account. They took the payment three times in one month and sent it to the wrong department each time. Not ever crediting my account for the misdirected and over applied payments.
In January they Voluntarily Dismissed the foreclosure because they sold my loan and didn't want to admit that they had screwed up.in June of they refiled a motion to foreclose. My attorney and I sent to them the copies of the checks and bank statements that they claim they never received. They said that they needed more time to sort through their records. After 12 months they decided to file their motion to go ahead with foreclosure and did not inform myself or my attorney of their intentions. My attorney was luckily able to stop the sale of my home two days before it was set to go up on the auction block.
All the time I had been making my payments to the new lender, Litton Loan, who cashed my checks whenever they felt like it (five times out of the 13 payments made). My loan has now been sold a third time and I am set to go to court 11.3.04 to make Bank One prove that they did not receive those two payments back in 2000.
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