I had been having problems with Altegra Credit Company not applying my mortgage payments in a timely manner. I decided to send my future mortgage payments via Western Union Quick Collect after trying to get them to post my account
Despite sending in the payments via Western Union Quick Collect, I was still receiving form letters stating my account was in default.
I telephoned the Altegra Credit company numerous times and was never given a clear answer to any of my direct questions. The last time I telephoned this company I was threatened with foreclosure, the sale of my personal property and jail time if I didn't clear up the problem.
After that telephone call I decided to only deal with them in writing because I knew I was going to need proof that I was trying to take care of the problem and was not getting any cooperation.
A few months later after sending numerous letters to the mortgage company and not receiving a response, I decided to send them a RESPA Letter. Still I did not receive a response from Altegra Credit Company.
I was angry and frustrated that I kept getting these form letters stating my account was in default and decided to call the mortgage company one LAST time asking for information on the alleged default.
I was told Altegra Credit Company no longer handled my account and that my account was transferred/sold to America's Servicing Company in November of 2003 and that I should contact the new company.
I was given a telephone number and told to speak to someone there who would be able to help me clarify the problem. I called America's Servicing Company and talked to a female representative who denied receiving any paperwork
When I informed her I was not notified of the sale/transfer to America's Servicing Company and didn't know that I was supposed to send the payments to them, I was chastized for not sending the payments to the proper place and was told I was shirking my financial responsibilities.
I was given the name and address of where to send a letter and copies of the Western Union Quick Collect receipts explaining my reasons for not sending the payments to America's Servicing Company. I sent the information as instructed and never received a reply to my request for information on the alleged default.
I sent America's Servicing Company a RESPA Letter and did not receive a reply to the RESPA Letter.
I contacted America's Servicing Company on the telephone and asked for account information only to find their records from Altegra Credit Company were incomplete. I was told they would have to request a payment history from Altegra Credit Company.
I tried to be patient and finally decided to contact America's Servicing Company about the payment history. I spoke to yet another female representative who stated that I was sent a copy of the payment history and they were waiting for me to contact them.
I asked if they had received a copy of the Western Union receipts and my letter, and she said there was no record of the letter or receipts in her file.
I decided to telephone them again after hanging up from this individual within 10 mins after talking to her. This time I spoke to a male individual who stated they had received the letter and copies of the receipts and that a copy of
my payment history had not been sent from Altegra Credit Company to America's Servicing Company as requested according to the notes on my account.
Each time I telephoned America's Servicing Company I got the run-around.I spoke to several different people and can only say they leave a less than desired opinion of themselves upon contact.
Out of total frustration, I filed a complaint at the
Office of the Attorney General and the Federal Trade Commission againstboth Altegra Credit Company and America's Servicing Company.
I was assigned an investigator from the Office of the Attorney General. The investigator sent America's Servicing Company a letter and they actually responded. The only reason they responded was because the Office of the Attorney General contacted them on my behalf.
The response was they would get back to the investigator within a certain amount of time, and when that time period lapsed, they would send another letter stating they would respond within a certain time period. This went on for months.
When America's Servicing Company finally responded to the investigators letter they stated that I was in default of two (2) mortgage payments from over 5 years ago, but did not provide any specific information.
While waiting for the information on the specific time period it was alleged I was in default, I continued to send in my payments via Western Union Quick Collect. They accepted the payments and I didn't receive any default notices or any other correspondence from them other than their replies to the investigators letters.
Approximately, 3 months later America's Servicing Company finally responded by saying that my payments have been consistently late 2 months for the last 5 years, and that the payments received after that specific time period were
always applied to the payments in default.
When asked why I wasn't notified, they didn't provide a clear answer, they only repeated that the account was in default of two (2) payments and how the money was applied to my account after the default dates over the last 5 years.
I sent my next payment via Western Union Quick Collect. I didn't receive any correspondence from America's Servicing Company and we were still communicating via the Office of the Attorney General.
In October 2004, I was served with Foreclosure papers by the Sheriff's Office.
I immediately called Western Union Quick Collect to ascertain the dates the payments were acknowledged. I found the payments were acknowledged but the last payment I had sent was rejected due to Non-Sufficient Funds.
I immediately called America's Servicing Company and was told that the payment was rejected because it was not the full amount demanded in a September letter.
When I talked to their numerous represenatatives, I was told I received a letter stating I was in default, followed by a Demand letter and an Acceleration Letter When I said I hadn't received anything from them except the response letters to the Attorney General Investigators requests for information, I was told that I got the letters and she had proof I received the letters.
After trying unsuccessfully to state I had not received anything from them other than the responses to the Investigators inquiries, I resolved to fight these people to the very end no matter what happens.
I only had 20 days to respond to the Foreclosure papers and had problems finding a lawyer who was willing to defend against the foreclosure. I was advised to file a Bankruptcy to stop the foreclosure.
Bankruptcy is something I can not consider, especially since it is only 2 payments. Had I been given the information there were two (2) payments in default, those payments could have been made at anytime, including now.
Instead, I am now faced with not only the two payments in default, but I am now being forced to pay for the attorney's, service of the foreclosure papers, their added fees along with over 5 years of accumulated late fees.
I contacted the investigator from the Attorney General's Office and explained the entire situation and provided him with the proof he requested. I have not heard anything from the investigator for weeks.
I have contacted the Federal Trade Commission, The Office of the Attorney General, the Office of Thrift Supervision, as well as many other organizations about both of these companies.I have been informed there are others who have also filed complaints about America's Servicing Company.
During my last conversation with America's Servicing Company, they offered me a repayment plan that includes me paying over $5,00.00 in extra fees and costs.
Now they want me to sign a paper that says that I am agreeing to their terms of my own FREE WILL and VOLITION.
I need to find someone who will look these papers over before I sign them. Given my situation this is going to be virtually impossible to do because the lawyers I keep talking to advise me to file for bankruptcy.
I can not find other financing because of my credit history behind Altegra Credit Companies inaction, and since they never provided me with the information I requested, they sold/transferred my account to America's Servicing Company with the defaults listed, I am being forced into a repayment plan that includes extra fees that could have been avoided.
The stress of this situation is more than one can bare without some kind of assistance, the duress of being coerced into signing papers that say I am signing of my own FREE WILL and VOILITION are just too much to handle on my own.
I just received a reply from America's Servicing Company in the mail today that states they are looking into my situation and state that my foreclosure is suspended for 30 days. This is after I made the arrangements for a repaymnet plan on the telephone over 2 weeks ago.
This still does not negate the impending foreclosure unless I sign the repayment plan papers that say I am doing so of my own FREE WILL and VOLITION.
So.. PLEASE, if you have any complaints about America's Servicing Company, PLEASE file a complaint with the Federal Trade Commission, your local Office of the Attorney General and send a RESPA Letter to your mortgage company and send a copy of this letter to the Office of Thrift Supervision.
I know there are a lot more of you who are being victimized by America's Servicing Company, please don't suffer in silence like I did, file your complaints with the proper authorities and post your complaints hereat the Rip-Off Report.
The more complaints against America's Servicing Company, the more the authorities will be compelled to investigate their activities.
Capital City, Pennsylvania