I am too am a victim of the World Savings predatory lending practices and unknowingly ended up with a negative amortization loan. The way they explained the percentage rate was that it would start out at a low rate and it would only increase once per year until the 7th year at which point it would cap out at 7.5%. At the time, rates were in the 6.25% area, so I figured I was trading off a higher rate further down the road for a lower introductory rate.
What they did not tell me, is that my payment was figured on this lower rate. The actual interest rate was completely separate and was a variable rate at almost 9%. So the difference between the interest due, calculated at the variable 8.xx% and my low 4.1% payment rate, was added on to the principle. Thus my mortgage was going up! I called World Savings immediately and they informed me there was nothing I could do until after my 3rd year; at which point I can refinance.
Then Wachovia takes over World Savings and the housing market/Wall St collapse takes place. At this point I am 2 years into the mortgage and my mortgage principle has gone up $14,000. I called Wachovia several times asking to refinance the mortgage. I got a bit of a run around until finally I had mortgage paperwork in my mailbox and they scheduled an appraisal. The appraiser came ,did his thing and left. I called Wachovia a week later and they informed me that the Loan Application was canceled. I asked them why. They said I called them and canceled it!!! I informed them I did not call them and I asked them what the appraisal was and they would not tell me. I called the appraiser and he could not tell me either b/c it was paid for by Wachovia. So it is clear that I owe more than the property is worth and they do not want to forgive any principle in order to re-negotiate a new mortgage.
Now 3.5 years in, I am finally paying principle. Ironically, this might work out in my favor as my interest rate is now 6.1%. It is amortized bi-weekly, and I pay bi-weekly. So I should have it paid off in 21 more years, even with the negative start. That is so long as I can afford to make payments and stay current.
For those of you facing foreclosure. You need to know 3 words. "Show The Note". It is your only weapon against these banks and their fraudulent attempts to shame you, damage your credit and steal your home. Fight Back! Google "Show The Note". http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/