Shortly after my loan was made to me in 2004 by People's Choice Home Loan, the transferring of my servicing was made to Americas Servicing Company.
They have a pattern and practice of forcing you into paying them extra fees, by either posting your payments late or charging you to make your payment electronically. I WANT MY MONEY BACK, and so should you.
MERS, the Mortgage Electronic Registration Systems, Inc., a company founded in co-operation with major lenders to electronically change ownership of your loan in an instant, is my Mortgagee (owner) of my loan and holds legal title to all interests in the mortgage.
I called ASC in January 08 and asked for a modification, as I was probably going to miss several payments do to a period without the same income I had been making, and was told "You have to be 30 days late before we will consider a modification, but you meet the requirements of modifying your loan." I had a perfect payment history and asked if they would erase any 30 day late on my credit report and I was told they can do that.
In February they told me I was approved for converting my ARM to a 6.2% 30 year fixed, they just needed two pieces of documentation, one of which I sent to them immediately, the other took me several weeks to obtain and send to them.
My rate at 6.2% was to start March 1st, and my payments start April 1st.
I waited and waited and finally the first week on April they told me I had been DECLINED on March 24th and put into active foreclosure on March 30th.
In our state we use judicial foreclosure thank goodness so this can go into major litigation without it as much as costing me a penny and that is where we are now, with some unknown loan company claiming they own the loan, MERS saying they do and ASC is servicing it. Meanwhile People's Choice is out of business and WHO KNOWS where my original note and mortgage are or who really owns it... SO I'm asking the court that in the event no one produces the originals within five years, all payments are returned to me and the security interest be re-leased... Although I have now rescinded this loan for failure to supply ANY disclosures required by law (ASC will only do things verbally - in defiance of federal law that says they MUST respond IN WRITING within 30 days).
My damages include the loss of my credit standing and future lost income and standard of living. MANY times more than the amount of my mortgage.
Through these intentionally Unfair and Deceptive Practices I have suffered a huge injury, and I expect in the end I will get an award sufficient to more than payoff my first with Peoples Choice and a Line of Credit I took out in an amount about equal to my first and to compensate me for the Bad Faith they undertake in oppressing people and the shocking things they have done... The lawyer wont even talk to me because I have filed complaints against them for violating state bar rules for filing a foreclosure action using fraudulent allegations.
You only stand a chance if you AGGRESSIVELY stand up to them and hold them AS accountable as they hold YOU accountable.
ASC is an alter ego of Wells Fargo, to do the things they don’t want Wells Fargo's reputation to suffer for, but the people and offices and phone lines are Wells Fargo
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