Submitted: Monday, May 17, 2004
Posted: Monday, May 17, 2004
James
Salt Lake City
U.S.A.
After about two weeks from my previous fruitless contact with EMC over the incorrect 1099-C filing, I tried again. This time I called the "Loss Mitigation" department (1-888-577-4011) and asked to be transferred to "Legal" - the rep asked if there was anything he could do to help and I explained that I was preparing to contact my lawyer over EMC's refusal to correct the 1099-C. He was at first belligerent and essentially said, "Go ahead, sue us!" When I said I wanted to talk to their legal department first, in an attempt to avoid that, he asked if I would mind waiting while he checked my file - then he told me the file said I had been contacted and that the situation was resolved. (NOT! ! ! -) He assured me that the bad 1099-C had been withdrawn from the IRS (HUH?! HOW do you DO that?) and that there would be no repercussions if I filed my taxes without reporting that (bogus) income. I asked for confirmation in writing and he gave me a fax number to send a request (1-972-831-2631) - in the fax I requested a response by return fax or snail-mail or as a PDF attachment in e-mail. That was May 11, 2004 - as of 09:00 MDT, May 17, still no response.
Some addresses for EMC are:
MacArthur Ridge II Suite 200
909 Hidden Ridge Drive
Irving, TX 75038 - - - and
PO BOX 141358
Irving, TX 75014-1358
Submitted: Wednesday, May 19, 2004
Posted: Wednesday, May 19, 2004
James
Salt Lake City
U.S.A.
In response to my fax of 05/11/04 received letter 05/18 dated 5/12 - said, in part, "...review of our records is being conducted - - EMC will respond to you within 60 business days..."
SIXTY DAYS!? Now, THAT's what I call customer DIS-service! When one if filing taxes, 60 days might as well be 60 years!
Would it have hurt "Customer Service Dept." (no signature) to simply look up the file and send the info - Yeah! Form letters are SO easy!
Additional FYI from the letter - they have a website at:
http://www.emcmortgageservicing.com
Snail-mial address update - - Note the addition of line two:
(Complete address provided here for ease in copy 'n paste)
EMC Mortgage Corporation
Two MacArthur Ridge
909 Hidden Ridge Drive, Suite 200
Irving, TX 75038
Submitted: Wednesday, May 19, 2004
Posted: Thursday, May 20, 2004
Elvera
Carrollton
U.S.A.
What is needed, with an agressive corporateer as EMC, is a good paper trail. You start by going to the HUD website and look up that little RESPA sample letter and then copy it, so you can use it as a template for your complaint to EMC. In it you detail all your concerns.
Include copies of any previously written responses from EMC concerning this matter.
Then you send this letter and copies, via Registered Mail/Return receipt to the following:
EMC, IRS, your State's AG, and Texas AG
What this will do for you is, you put them all on notice that now your communication becomes "legal proof" as it will hold up in court, if it comes to that, and you put the IRS on notice, about what is going on, and the AG's are put on notice about how this company is doing business.
In the end, if you have this paper trail that has been stamped with the Post Office's official stamp, you will have the evidence that is irrefutable, to defend yourself.
Remember the big stack of papers you signed for the mortgage? Well, those papers don't protect you, they protect them. You must realize that email, or phone calls won't do, when you are dealing with corporateers of this magnitude.
You must have something that will hold up. And that is the paper trail, with your signature and date in the letter, and the Post Office stamp, and their signature of receipt and a date.
Nothing else will do!
Submitted: Friday, July 02, 2004
Posted: Friday, July 02, 2004
James
Salt Lake City
U.S.A.
July 1,2004 - letter from EMC saying 100C has been amended with the IRS and that I will receive a corrected statement under separate cover. HUH? How come they could not include it WITH the letter? If it really HAS been corrected, THAT should not require any real extra effort, should it?
At this point it is academic as I've filed my taxes and received my refund - none the less, the comments on protective action are appreciated and I'll be interested to see if/when the corrected form arrives.