• Report: #429664

Complaint Review: American Servicing Company - Wells Fargo

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  • Submitted: Sun, March 01, 2009
  • Updated: Mon, March 02, 2009

  • Reported By:Corona California
American Servicing Company - Wells Fargo
3476 Stateview Blvd. Fort Mill, South Carolina U.S.A.

American Servicing Company - Wells Fargo PAS REO *HELP!! TRYING TO SAVE OUR HOME* Fraudulent Loan Modification Is this Legal? Looking for a trustworthy attorney Fort Mill South Carolina

*Consumer Comment: Back-office workings of a servicer

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This is intent to notify and expose the fraudulent behaviors of American Servicing Company in an effort to retain our home. Please allow me to take you through a portion of our mortgage nightmare.

We were contacted by American Servicing Company, in April 2008. We proceeded with a loan re-modification of $4274.91 and were told to pay that amount for 4 straight months with out being late due the on 19th of every month. No payments were ever late, always paid approximately a week in advance. Payments were made via Western Union.

After the 4th month of paying the arranged payments were complete. We contacted the company in July to proceed to set the loan modification as specified in prior agreement. Mind you we have been calling almost daily trying to talk to someone. This was also a disaster because we never were able to speak to the same person, and received different information/request which we always complied with in a timely manner. Some of the representatives we talked to informed us not to make any more payments at this time we should save the money for a lump sum payment that would most likely be requested in the near future. ("These Arrangements were made only verbally over the phone".)

June, 09 were we instructed to complete a list of items sent to us through the mailo from ASC including: financial worksheets and hardship explanations to buyer's prequalification letters. Which we did all of them and faxed to them. The fax had all of the necessary documentations and cover sheets had loan numbers, names, their contact names, dates, and phone numbers for both parties to include explanation on the bottom to contact us immediately when received. It turns out our results of faxing four (4) times, mailing through US postal, and finally certified mail, we were told several times it was going through the process, then we called back being told that they had not received it.

In November around Thanksgiving (thanks giving, what a crock!) someone came to our door with a paper saying that they were going to sell my home. The same home that we were in the process of a loan modification to keep. Again we contacted the mortgage company to inform them of the notification that we received at our door. They seemed to have acknowledged it and were going to act on it. I thought in our behalf but looking at it now it apparently was not.

In December they officially confirmed that they do have the information and it was going through. In January 12, 09, a letter was sent saying that the loan was going from $3537.29 to $3196.02 due date March 1st 2009. We found out later that the home was sold January 12th (the same day they sent the loan modification letter stating payments were being decreased and new payments would start March 1st) Coincidence?

Please if anyone is going through or has gone through or even know of anyone experiencing the same or similar situation. Please contact the FTC @ 1-877-382-4357. They informed us that the more people who come forward with a complaint it would force them to investigate.

Tony
Corona, California
U.S.A.

This report was posted on Ripoff Report on 03/01/2009 02:13 PM and is a permanent record located here: http://www.ripoffreport.com/r/American-Servicing-Company-Wells-Fargo/Fort-Mill-South-Carolina-29715/American-Servicing-Company-Wells-Fargo-PAS-REO-HELP-TRYING-TO-SAVE-OUR-HOME-Fraudule-429664. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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0Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Back-office workings of a servicer

AUTHOR: Mike - (U.S.A.)

When someone is delinqeunt on a home mortgage, there are several things that go on, all at the same time:

1. The servicer is going to file for foreclosure proceedings, whether or not they are currently working to complete a loan modification, repayment plan, short sale, or anything else. They do this because the investor/owner of the loan requires them to. End of story.

2. At the same time, the servicer should continually work to get you in to a loan modifciation (or something else!!!) through the entire process, all the way up until your home is sold at a foreclosure sale. BUT, at any time, once you are FULLY approved for a loan modificaiton (or something else), the foreclosure proceedings should STOP (you are at THAT TIME considered current and they cannot sell your home!!!).

However, large companies are obviously not infallable. Servicers will likely assign the foreclosure process to an attorney in your state to have them complete the foreclosure process. When a workout option is approved, they send notice to the attorney to STOP FILING FOR FORECLOSURE. If that notification from the servicer to the attorney is delayed or slowed or forgotten in any way, the house may accidently get sold (yea, that part sucks). However, in these cases, the servicer should be responsible for re-obtaining the rights to the home (normally through voiding the sale). This entire process doesn't happen a lot, but ya, it does happen.

Contact your servicer and, if their records show you were approved for a plan before the sale, make sure they are working to void the foreclosure sale.
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