I purchased my home in 2001 through Cendant Mortgage. I began renting my home out in 2006 as I had moved closer to work. I attempted at least three times to change my contact information. I inadvertantly missed two payments in July and August. I was on vacation and had children and grandchildren visiting and forgot to make the payments.
I made my regular Aug/Sept/Oct/Nov/Dec / and Jan payments as I always had, by online bill pay. I drove by the house in Feb to see if the tax statement had been sent their by mistake and upon checking the mailbox I found an overnight letter sent by UPS that contained a check issued from PHH Mortgage to me with a letter stating my payment was rejected due to it not being enought to bring the account current.
Upon contacting PHH, they stated I had not made a payment since June of '07. My online bill pay is electronically deposited into their bank and when I produced bank records showing the money had been deposited into their account, they then stated that checks were issued and sent to the house address, where I no longer live. My renter is a 75 year old man who maintains a post office box and does not use the mailbox.
I was then informed that my house was already foreclosed on and they could say nothing more to me. They suggested I contact the Attorneys Office who handles their foreclosures for Virginia. I have attempted three times to contact them but nobody will call back. I retained an attorney, at which time PHH told him they sent the notices to the address and it is not their fault I didn't receive them. They also stated they could not tell if any of the checks that were issued and sent to me at the house address had been cashed.
They again stated I had to talk to the attorneys. My attorney and I have been unable to talk to anyone at the Foreclosure attorneys office as they refuse to return calls.
My attorney did check the records and my house was foreclosed on and the deed is no longer in my name. He said the process was initiated in October and finalized in January.
I do not undertand how they can forclose without ever notifying me. Also, it funds are electronically deposited into their account and they reject it do they not have to electronically debit it back to my account. If this had happened I would have been aware there was a problem and contacted them.
Of course the attorney tries to do the least amount of work possible. I am at my wits end.
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