Michael has been a homeowner for 14 years. He is a retired Military veteran, who served both in Vietnam and in Desert Storm and in Special Forces. His mortgage financing was sold in 2002 to Homecomings Financial.in April a payment was not credited by Homecomings Financial.in June, Homecomings claimed no payment was made.in fact, they claimed he was two payments behind, when in fact, he was one payment ahead.
After several letters and calls to Homecomings Financials and no response, his file was sent to Mr. Joe Whitehouse, Homecomings Financial, Loss Mitigation. Joe Whitehouse first stated he could refinance at a lower interest rate. Then he changed his agreement and said Michael would have to show more income and would have to pay even more on a repayment plan. (Example: $1500 instead of $1100). AT NO TIME WAS MICHAEL EVER OFFERED OTHER CONSIDERATIONS OR REMEDIES SUCH AS: A Special Forbearance, Mortgage Modification, or Partial Claim. Michael was also told at this time that there was $1400 in escrow that they were holding onto. Then no more payments were accepted by Homecomings Financial in September.
Then in December, a letter was dropped off at his home address in Denver. Not mailed, just dropped at the door from Attorneys stating they were foreclosing. So Michael then contacted a Bankruptcy Attorney and started Chapter 13 to save his home. He then resumed his payments to Homecomings in January. During the Chapter 13 Bankruptcy, Homecomings stated they were allowed to raise his interest rate to 21% and also raised the payments to $1,395.00 per month and every six months thereafter the payments would raise, plus he was to pay the Trustee a certain amount each month.
The Bankruptcy attorney did not explain to Michael what all of this meant, nor did he take the time to look at the payment findings that showed he had indeed paid the April payment and that the June payment was also paid. The Bankruptcy attorney did not explain the laws to Michael.
As a paralegal I also contacted this bankruptcy attorney and the attorney just ignored the information given to him. This information was to show the payment history and show that Michael did not owe all of the monies that Homecomings Financials was trying to claim. The Bankruptcy attorney is no longer Michael's attorney. He fired him!
As a paralegal, I started writing letters for Michael and contacting the Loss Mitigation rep from Homecomings Financial who has not provided nor forwarded any background info from Michael's file. I also have documentation of conversations that Michael had with Homecomings and it shows how disrespectful and how he was treated when trying to speak to customer service. At no time was Homecomings Financial willing to discuss with him his options or answer any questions so he could understand.
There has been no respect from Homecomings Financials. Michael has been hung up on numerous times, lied to numerous times and there was no cooperation on the part of Homecomings Financials to even explain to him what they needed, etc. The same thing happened when Citibank, Wells Fargo and AEGIS Lending who all tried to speak to Homecomings Financials. They were never given any information and were all hung up on and Homecomings Financial failed to provide any payoff information to any of these companies.
As a company in the business of customer service and helping people, it has failed!
His rights were violated in this situation.
His rights were violated according to the Laws of the Fair Debt Collection Act and the laws of the State of Colorado. (Unfair Debt Collection Process).
He has tried to 1) sell his home, 2) make a reasonable payment arrangement or refinance with Homecoming, 3) try to refinance with other companies. Homecomings Financials has stopped him from any of these remedies, of which he has a legal right to do to save his home. Homecomings, in fact, on several occasions, has refused to provide payoff information when requested.
Homecomings Financial is foreclosing because they think they can take his house away because he has so much equity in it and profit considerably from the equity he worked hard for. This is an illegal business practice.
Michael has gone to court to File a Chapter 7 Bankruptcy and attended a Rule 120 Hearing, at which time the Bankruptcy Denver District Court Judge Brooks did not seem to care about the truth when Michael tried to get help through the legal system. Homecomings stated to the court that they had no record or recollection of any efforts Michael made to refinance. This was an untrue statement! And the attorneys for Homecomings Financial, Frascona, Joiner, Hill, Goodman and Greenstein, P.C. Have been ethically and morally dishonest. Homecomings Financial should not be in business.
If anyone is taking part in a class action lawsuit, please email me and let me know.
0 comments