• Report: #431982

Complaint Review: Americas Servicing Company, Wells Fargo

  • Submitted: Sun, March 08, 2009
  • Updated: Mon, March 09, 2009

  • Reported By:Cresco Pennsylvania
Americas Servicing Company, Wells Fargo
MAC X2504, 1 Home Campus, Des Moines, Iowa 50328 Nationwide U.S.A.

ASC, Americas Servicing Company, Wells Fargo No Truth, all lies, no action, no response, lack of professionalism, illegal tactics, watch out! Des Moines Iowa

*Consumer Suggestion: Response

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ASC is a rip off company! As a mortgage holder with ASC, a servicing company for Wells Fargo, I have been in a merry go round of BS from ASC. With well over 100 documents going back and forth over the past year plus and an approved modification agreement. Yes, I was approved for modification. Unfortunately, the notary put the wrong date on her signature line. This started a real mess. ASC took over three weeks to get back to me to say I needed to resign the documents and send them back to be in affect and lock in the contractual agreement. OK, I said, send me the docs back via overnight mail(which is the professional way of doing mortgages) and I will resign, notarize and send back via overnight mail. Right? Done in 3-4 days, NOT! ASC, over the next three months to the present day, have lied to me a dozen times. "the documents were sent""The documents will go out tomorrow"" The documents have to be reviewed and will be sent out on Monday", one after another. I said to them, how about I reprint the documents that were sent via PDF file to me and I can sign them and notarize and send back. "NO!" they said. So, now three months later, I have just received my ACT 91 notice of forclusure! I haven't missed our agreed payment plan and have even begun our new modified agreement plan payments months ago and have not missed any! A day before reveiving the ACT 91 notice, I was on the phone with Barbara, ID #JRU from ASC. She said to me that I had to send in documents to redo the modification agreement, never telling me that I was taken out of the plan and sent to the foreclosure department. She has basically been lying to and deceiveing me as a person. I must say though, that she is the first person who works for ASC who has spoken with me more than once, I think twice. As everytime I call ASC, they put me on with someone else. And everytime is like the first time. No one knows anything that is going on. And they have to go through 5 minutes of clarification of my account. Totally reciclulous!

Therefore proving that they are a deceptive ripoff company that preys on mortgagees that are trying to make things right and save their properties from foreclosure. I can afford my mortgage. I own two companies that are doing ok, even in these hard times. I had a hard time a couple of years ago and did fall behind, but kept in contact with ASC on a regular basis and was told that not to worry and we will work this out. They don't want to work anything out. I have read in blogs that they let payments sit in their offices when paid by check until the late date goes by and then deposit the check so they can charge the 87 dollar fee for late payment. This happened to me early on but I learned quickly to either make the phone pay(with $15fee) or send the payment return receipt requested. This works. But, this February I did send it a check payment, I noticed that my check had not been cleared as of the 26th of the month, meaning I was now late! I called to find out what was going on so I wouldn't be over 30 days. I got Suresh ID#IND, I think, from ASC and told him about it. I said, Suresh, I like you, I am going to make a payment over the phone with you now as I do not believe ASC is going to apply my check properly. He took my payment over the phone and he said he did not charge me the $15 fee! Wow! I saw it on their website as paid on Feb 27, the problem is they applied it to the March payment. So now it looks like I didn't make a February payment at all! Another deceptive tactic by ASC! Again, what are they doing that follows truth in lending here?

At this point I believe that an attorney should contact or advertise to all ASC mortgagees to get together and file a class action against them for illigal tactics in stealing money from honest people. There are plenty of us out here who are trying to do the right thing, paying our agreed amounts and filing our paperwork properly. ASC actually sent me a letter the other day stating that I haven't made any payments since April of 2007. A direct lie and untrue mistatement of the facts. I havent' missed a payment in this period of time. Paid as agreed. I am at my wits end trying to deal with them in a professional manner and want to attack with all the legal remedies available to me. Who else out there is ready to roll? common, let's go get them now! How ever you can, find me through Rip Off site and send me an email. I promise I am who I am and will work with all those who are honest and willing to pursue these sleeze balls of the mortgage world. ASC is at the top of the list of lying, stealing, deceiving, rip offs who never ever do what they say they are doing. Gosh, would I be sued if I ever did 1 100th of the stuff they do on a daily basis. There is much more to talk about here, but I won't write a book here. Ok, I feel better now. Look forward to hearing from anyone who's listening. Thanks.

Peter
Cresco, Pennsylvania
U.S.A.

This report was posted on Ripoff Report on 03/08/2009 10:28 AM and is a permanent record located here: http://www.ripoffreport.com/r/Americas-Servicing-Company-Wells-Fargo/nationwide/ASC-Americas-Servicing-Company-Wells-Fargo-No-Truth-all-lies-no-action-no-response-l-431982. 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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#1 Consumer Suggestion

Response

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

"A day before reveiving the ACT 91 notice, I was on the phone with Barbara, ID #JRU from ASC. She said to me that I had to send in documents to redo the modification agreement, never telling me that I was taken out of the plan and sent to the foreclosure department. She has basically been lying to and deceiveing me as a person."

I dont think you understand that most servicing companies' Foreclosure and Loss Mitigation departments are mutually exclusive (meaning, they operate almost independently of one another).

So, the foreclosure group probably has to process the foreclosure according to the timeline an investor sets forth. End of story there.

The Loan modification group, in the mean time, is trying to get you approved and complete your loan modification. What happens if you complete the loan modification? F/C action will be stopped, right up until the day of the foreclosure sale (and yes, servicing companies will keep bumping out the foreclosure sale date as long as you stay in touch with the and are working to get a modification completed.)

So.. example of a normal scenario.... Bill is going to get his house foreclosed on 5/10/09. He calls his servicing company on 5/8/09, he gets approved for a loan modification over the phone; the servicer should POSTPONE the sale date 5/10/09 to allow time to complete the loan modification. It gets postponed until 5/17/09. Bill sends in the docs, but the doc is missing a signature. He stays in communication with his servicer. The servicer extends the F/C sale to 5/24/09 to allow Bill to send back new docs. Etc, etc, etc.

Keep working with them.

"Therefore proving that they are a deceptive ripoff company that preys on mortgagees that are trying to make things right and save their properties from foreclosure."

Servicing companies gain nothing (in fact, they LOSE money) from foreclosing.

"They don't want to work anything out."

This is your frustration setting in. Not the truth.

"I saw it on their website as paid on Feb 27, the problem is they applied it to the March payment. So now it looks like I didn't make a February payment at all! Another deceptive tactic by ASC!"

I don't think it works the way you think it works... You shouldn't be able to make a payment for a future month without first paying the previous months. E.g., you cannot have a March payment unless you make February first. So, February was likely paid (...even if you don't see it?). If it wasn't, that's their fault, and they'll correct it. If they try to F/C saying you didn't pay Feb 09 but you already paid Mar 09, it's not going to work.

I know this wasn't the ranting a raving response you may have wanted, but in real life, it's a lot easier (and costs a lot less) to work with the company and fix your own mortgage.
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