• Report: #242231

Complaint Review: GMAC Mortgage

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  • Submitted: Tuesday, April 03, 2007
  • Last Posting: Sunday, June 08, 2008
  • Reported By:Okc Oklahoma
GMAC Mortgage
3451 Hammond Avenue Waterloo Iowa 50702 U.S.A.

GMAC Mortgage SCREWING WITH US SINCE 2000 AND THEY WON'T BE SATISFIED UNTIL THEY PUT US ON THE STREETS COMPLETELY BROKE ripoff Waterloo Iowa


2Author 7Consumer 0Employee/Owner

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Sorry this is so long but were talking 7 years of fighting.

O.k. Here goes my story.

In March of 2000 our original mortgage company sold us to non other than GMAC and it only took them 30 days to start the screw up process.

In April, they reduced our monthly payment based off their Escrow Analysis. 30 days later,they reduced the monthly payment again due to Escrow Analysis(2nd one in 30 days) In Jan. 2001 based off the new Analysis they issued us a check stating Escrow Surplus & that they would be reducing our payment yet again.

In 2001 we really never heard anything from GMAC, seems things were going great but. in 2002 they reported there was an escrow shortage and started requesting large sums of money along with increasing the monthly payments.In 2003 their letter stated they had not gotten our payment, would like the payment & late fee sent within 30 days or we could loose our home and they suggested that we enter into a Special Forearance, Loan Modification, Short sale or deed in Lieu of FOreclosure.

Every 2 weeks after that we started getting letters stating we were farther and farther behind and the amounts being owed just continued to increase EVEN though, we had proof of all payments sent and cleared by the bank.

ANYWAY as time went by we did give in and entered into their "Special Forebarance". From that point on, every penny we sent this company was sent WESTERN UNION so we would have 100% proof beyond a shadow of doubt, they got what they wanted when they wanted it. we still received letters and calls stating that we were behind on payments. Anyway. mid stream through this Special Forebarance process, GMAC decides to do a Loan Modification.

We later found out that they took the large sum of money and higher payments and put it in a MISC. field in our account, never applied any of it, increased our loan amount for the modification, charged us attorney fees and many other fees, and then informed us that our new payment would be higher each month.

Within 2 weeks of the Loan Modification we rec a new payment book reflecting a lower payment than what the documents stated.

Over the next 6 weeks they sent us 2 more payment books, both reflecting different info. that the original & different for documents.

IT GET'S WORSE

We then received a letter from our homeowner's insurance company stating that we had been cancelled due to non payment.

The date is now July 27,2004.It was re-instated 8-31-2004.

Late Feb.2005 the new Escrow Analysis says we were short and payments would increase.

PLEASE KEEP IN MIND WE ARE STILL SENDING EVERY PENNY WESTERN UNION for PROOF.

Aprl 15th 2005 rolls around and we were contacted at work sayng we owed a large sum of money again because they have not gotten our payment and we have a few hundred dollars of late fee's.

We then turned to HUD for assistance, needless to say after we were given a case worker and told they would call she would investigate the issues and get back with us, NO RETURN CALL. I called and called daily and weekly never getting a human but I left plenty of voicemails.
Finally in Sept.2005 I told GMAC I had had enough and was not sending another dime until I had face to face contact with someone local. Needless to say we were served foreclosure papers in December 2005.

The home has been postponed twice from the Sheriff's sale, the Appraisel value listed by them decreased 33% (over $35,000)in a 3 month time period.The County Assesor office can tell me that homes in that county DID NOT decrease in value between Jan. and March of this year so I am still trying to find out that one.

Last week I was told by GMAC'S attorney that the sale set for March 27th was postponed due to the fact GMAC did not have all their paperwork together and they would let me know when the new sale date would be. They say 3rd time is a charm! Oh by the way, we do not have an attorney,we do not have the extra $30,000 we were told it would take to just get started filing against them and have lost the $$ thousands in equity.

So 2 months ago we moved to a rent house.

If anyone has taken the time to read all of this and feel you have information that might help us in anyway, we would love to hear from you.

Cathleen
Okc, Oklahoma

This report was posted on Ripoff Report on 4/3/2007 11:47:15 PM and is a permanent record located here: http://www.ripoffreport.com/mortgage-companies/gmac-mortgage/gmac-mortgage-screwing-with-us-yfwwf.htm.

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REBUTTALS & REPLIES:
2Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

good story

AUTHOR: Daniel - Ft Lauderdale (U.S.A.)

ok first off get yourself an attorny NOW you have a very good case against gmac because you kept good record keeping now this is what i would like you to do call gmac ask them who was servicing your account in 2000 2001 2002 and 2003 in other words who was the servicer of your escrow account reason for asking this is in 2003 gmac switched from zt sterling to balboa life and casualty ( a company under countrywide home loan) this is where most of you problem may have started as it did with mine i have a letter from a former gmac employee in it she stats that gmacs computer account record keeping is a total screw up and their new systum went through some sort of crash and as a result their left hand didnt know what the right hand was doing this is why you have a misc funds record where your monies went??? you need an attorny get one it has takin me 5yrs to finall get a court hearing with a jury its schedu for 6 07 but as of friday 4/6/07 i have been informed that gmac wants to settle this out of court in some sort of mediation this is not going to happen i want my day in court i want the world to know what a back stabbing bunch of sob s this company is
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#2 Update By Author

Thank you for your input,

AUTHOR: Cathleen - Okc (U.S.A.)

Thank you for your input,we would love to get an attorney to fight gmac but we cannot find one here in okc that is willing to help unless we pay them tones of money,which of course we do not have.I will give gmac a call and ask who was servicing our account in 2000,2001,2002 and 2003. we would appreciate any further direction you or someone else can provide.
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#3 Consumer Comment

find the money

AUTHOR: Daniel - Ft Lauderdale (U.S.A.)

we hear this all the time i dont have the money to hire an attorny well what do you want your home or to be on the street? i didnt have the money either but i managed to scrap up the $2500.00 retainer fee and found one. use a credit card get a loan from some one. but get one you cant do this alone. talk to an attorney show him this web site maybe that will spark and interest in your case. other than that pack your bags move out and never buy another home again because thats what will happen if gmac trashes your credit. good luck
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#4 Consumer Comment

we need help too

AUTHOR: William - Cornelius (U.S.A.)

your story is our story. we did find a lawyer, but we are renting, with no hope of ever being a homeowner again. fairbanks/gmac took all our savings. i hope god will forgive them. all we wanted was a home and retirement. we have neither

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#5 Consumer Comment

Cathleen, you really need to do some searching and find us!

AUTHOR: Joseph - Watseka (U.S.A.)

Although completely backwards, your story is so much the same as mine. First mistake I see is that you voluntarily left your home and moved into a rental unit. GMAC will now will file a complaint to the court that the Home as been Abandoned, and is not being properly cared for, etc.
Like I said, I see your story. I went into foreclosure for the SECOND time on August 23rd 2004, I lost this foreclosure case due to my incompetent lawyer (that a case against my lawyer will be filed against him will be filed to try to bar him from practicing law ever again!) I was notified of my loss in court on November 26, 2006 from that same lawyer just 4 days from the sale of my home that was scheduled to be held on November 30, 2006 at 9:30 am.
I must note to all of you seeking a lawyer instead of going PRO-SE. I filed a PRO-SE bankruptcy case the same date of my home's sale on November 30, 2006 and saved my home from the sale.

Although I continue to try and find the RIGHT lawyer to represent me, I'm still PRO-SE all the way! Under nervous knees, (and a scared-crap-less mouth in front of the judge) I was able to show the judge that there is a problem with my home loan! Now an adversary hearing will now be held on June 14th, 2007 in the Federal Court House in Danville Illinois.

As of just a few days ago my complaint to the Bankruptcy court was accepted and now GMAC will have to open their books to the court that will only prove that GMAC's books are wrong!

Back to my Lawyer he spent over o years on my case, going to court almost every 30-Days. But yet not one bill as ever was sent to me from my lawyer asking for payment to represent me. SO WHO WAS PAYING HIM?

PEOPLE spend the time to find out each and EVERY law, trust me GMAC is breaking each and every law out there knowing that they are smarter than you! I'm proving it right now; others are also proving it right now. GMAC is losing in Federal Court nearly every day from people just like you and me. We can do it one by one, but you have to decide if your family's home is worth it to you!
You can find the help you need and want if you can find us and learn about all the laws I live on a farm called platoridge, so do a Google search for that and HUD, Pro-Se way, etc.

It's a lot of work to save your home, but in comparison; how much work will it take to find a new home for your family after GMAC ruined every penny you owned in the home you loved so much, but are no longer living in?
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#6 Consumer Comment

Don't bother to file complaints with Hud discrinmantion agaisnt mortage companies

AUTHOR: Charles - Phenix City (U.S.A.)

Don't bother to file complaints with Hud discrinmantion they always side with the mortage company & they do not give a chance to here your side of the story, or file a rebuttal. Hud, discrinmantion does not help victims of discrinmantion in housing hud discrinmantion office will make any excuse to find reasons, that u where not discrinmanted agaisnt & close your complaint.
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#7 Consumer Suggestion

Free Legal Services !

AUTHOR: Stephanie - Margate (U.S.A.)

Here is the link for a free legal aid attorney in your state.

http://www.legalaidok.org/

At this point you might be better served trying to get an FHA secure loan. Go to Hud.gov for more info. I am a realtor I would HIGHLY reccomend that you get a new loan threw a major bank and not threw a mortage broker. I had a similar excrow issue with Countrywide and can certainly feel your frustration. We resolved it by refinancing. Good Luck to you and your family

If you are reading this and need a free attorney in your state go to google and type in Legal aid for "your state"
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#8 Consumer Comment

Send the Attorney a Verification Debt Letter

AUTHOR: Fed Up - Newnan (U.S.A.)

We perish because of the lack of knowledge.
We enter into contracts that we really don't have a clue about.

My advise to you is this... send the attorney a verification of debt letter.
The attorney acts as a debt collector and debt collectors must validate the debt.
We don't know to ask them this so they don't do it.

What is validating the debt? You want them to provide proof that the mortgage company actually gave you their assets to fund the mortgage loan.

See...this is the part we don't know...because we are taught from young that banks loan money. Banks do not loan money. The consumer finances the loan themself - but we don't know we do.

Your mortgage contract was fraudulent from the beginning...

What I am about to write is unheard of...because 95% of consumer don't know the lending process (the unspoken process). The loan officers and customer service reps don't know the (unspoken processs). So this is the reason why they are the first contacts/front line...to stop you (or should I say try to stop you).

They can't stop you if you know the TRUTH.

The original bank executed a credit loan to you. Credit loans are against the law.
But see...we don't know the difference of a credit loan and a loan of money.

Banks exchange promissory notes for credit. The federal reserve bank admits to this. The CFO of these companies know exactly what they are doing.

When you have a complaint...stop going to the little people...contact the CFO and the institutions that govern these corporations such as:

- The FDIC
- OCC
- Department of banking and finance

These individuals can shut a company down and make them answer your letters.

Let's get back to verification of the debt.

The attorney will send you the security deed and/or copy of mortgage note and name /address of the company they are acting on behalf.

This is not verification of a debt. They are trying to enforce the security deed by foreclosing on your home.

The only way to enforce the security deed, you must be the owner in due course of the mortgage note AND the security deed. So if you ask them who is the owner...they don't know...why? Because they are acting on the behalf of the loan servicing company...in your case GMAC.

GMAC is not the holder and owner in due course. Why don't they know who the owner is...because they sell this loans in bundles to the secondary market. The wonderful sellers...don't have a system in place to track who the owners are once it's entered into the market place because they are sold in BUNDLES.

MERS (mortgage electronic registration system) is NOT the holder in due course...yet many foreclosure are foreclosued by them.

I have stopped my foreclosure. I am prepared to go to court...as pro -se (defending myself).

I will ask these simple questions BEFORE a JURY....not just a judge...because judges are corrupt.

- What was the alleged agreement. (you must make them say this)

-Did the allege funds come from companies assets?

- Was I a borrower or a depositor?

See...knowledge is POWER...so they surpress this information from the hardworking people. (consumers)

Let's talk about each questions:

- The alleged agreement: You assumed they would finance your loan right...well the bank can only finance the loan (1 legal way) that is to deduct funds from their assests.

But they don't do that...they deposit your promissory note into an account that you are not aware of. They then get money for it from the FRS window - they then take the money out of the account that you are not aware of and give it back to you.... So they just withdrew money out of an account that had your name on it...(FRAUD)

If you deposit a check in your account...the only person that can withdraw it is YOU!... so they actually owe you the money...

-Did the allage funds come from their assets? When banks make loans their assets increase -search the web for: "modern money mechanics" and read page 6 this is a publication that the federal reserve bank wrote many years ago but know it's out of print. The explain in DETAIL what banks do...

The bank consider promissory notes as value....when did it come valueable? The minute you signed your name to it... You made money or an negotible instrument out of thin air but you didn't realize it. BUT THEY KNEW!!

- Do you know that in states that they must first go to court to execute a foreclosure - 99% of the times the attorney only has a copy of the note and security deed? Why can't they bring the original? So many attornies also claim that the paperwork was lost. HOW? Are these papers not important to them?

They are very important to them...to the degree that they deposit it. That's why they can't furnish the contract in it's orginial state...showing where you signed in BLUE INK!

They sell these negotiable instrutment into the market place everyday....few little people don't ask any questions about where the funding of their loan will come from...

Fraud of CONCEALMENT: When you enter into a contract ALL information must be disclosed to you...if you now knew what you know...you probably would not apply for a loan...so this is the very reason why they don't tell you the truth

Fraud of Conversion: They did not tell you that they were going to convert the instrument into another form.... They merely took your promissory note and converted it into a BANK CHECK...but because they handed you a check...you thought the check represented their money....

Fraud of Extortion: Unless you now pay them monthly payments and unlawful INTEREST in Federal Reserve NOTES...they hold your title / deed....from you.

They know that you paid for the house in full, you just don't know it!

This is the reason why 95% of the foreclosures today are FRAUDULENT...and unless consumers STAND UP AND FIGHT...they will continue to STEAL our homes from us...

LEARN THE BANKING PROCESS...

I haven't paid for my home since 10/07 and my cars since 8/07 and I have challenged both ORIGINAL entities that claimed they loan me their ASSETS....

I stopped the attorney from foreclosing twice... ( I still live in my home)

I stopped GMAC twice...from repossession ....( I still have both cars)

I don't know how you can contact me so I can share my information for free with you.

But I will try to visit the site often to assist you along the way...
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