• Report: #536921

Complaint Review: America's Servicing Company (affliate Of Wells Fargo Mortgage)

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  • Submitted: Wed, December 09, 2009
  • Updated: Fri, October 19, 2012

  • Reported By: Larie — Miami Florida United States of America
America's Servicing Company (affliate Of Wells Fargo Mortgage)
P.O. Box 10388 Des Moines, Iowa United States of America

America's Servicing Company (affliate Of Wells Fargo Mortgage) WELLS FARGO Use of Misappropriation of Funds and Fraudulent Accounting Practices to Steal Consumers' Homes Des Moines, Iowa

*Consumer Comment: My issue w/ASC

*Consumer Comment: *NATIONWIDE ALERT for those facing FORECLOSURE!!! A report on the PBS News Station the other night said that....

*Consumer Suggestion: Third Party assistance in mortgage fraud

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After countless attempts to resolve the following issues amicably via telephone and written correspondence with America Servicing Company/Wells Fargo I am now seeking third party assistance.  The aforementioned companies have made incessant and purposeful accounting errors on my home loan and are using fraudulent accounting practices to try to illegally foreclose on my (and many other home owners) home without cause or proper legal notice. 


ASC has already lost several of my payments and previously foreclosed on my home in 2006 even though I had proof of payment in the form of a Cashier's Check and an attorney signed letter/receipt on the Law Firm's letter head that was accepting the payments for ASC at the time.  I was later told that "it was all a mistake" and ASC later 'reversed the sale of my home' but never updated the municipal, tax or public records to indicate that I am the owner of the property.  I have now been going through a similar challenge with ASC/Wells Fargo again since October 2007 and am in the process of fighting for my rights to retain my home after having made ALL of my mortgage payments (with corroborating documentation).


As space is limited, here is a summary of some of the problems that Wells Fargo (doing business as ASC-America Servicing Company) has refused to address or resolve:


1.  ASC refused to set me up in a timely fashion on their Auto Payment Plan.  They finally set me up on their Plan several months later after I was forced to make phone payments and pay a "convenience/service fee" with each payment.


2.  ASC reanalyzed my Escrow Account 3 times within a couple of months and changed my mortgage payment on 3 separate occasions, adding hundreds of dollars per month to my mortgage payment without notice.


3.  ASC unauthorized and undisclosed change in the amount drafted from my bank account caused several expensive overdraft fees.  They promised to reimburse me for the fees but later refused to do so.


4.  ASC cancelled my Auto Payment Plan without notice and refused to cash my paper checks that I sent to replace the payments, then claimed that I wasn't making my payments--though I had proof of said payments.


5.  I then made a phone payment with ASC's own pay-by-phone system.  Ironically, ASC again claimed that they never received said payment and initially didn't include it in their own Accounting Payment Recap.  Of course, my own bank had receipt of not only the payment but also the recipient...ASC.


6.  ASC continually added late fees to my mortgage account even though I was making timely payments.  I was told by two different Customer Service Representatives that the late fees would be reversed/refunded to me.  However, like the overdraft fee refund promise...ASC never delivered on this fee refund promise either.


7.  Every conversation with ASC/Wells Fargo rep or Supervisor leads to a different story about the errors, overages, proposed refunds, missing then found payments, etc.


8.  Force Placed Insurance was added to my mortgage loan--although ASC had proof of insurance maintained by the Condominium Association--which again spiked my mortgage payment.  I was supposed to receive a refund for said Force Placed Insurance along with a refund of the corresponding other fees that had been assessed.  Only a partial Insurance refund was issued much later than agreed.


9.  I was sent an Escrow Disclosure Statement with a substantial surplus (several thousand dollars) and was told that I would receive the refund once my payments were current.  Clearly my payments were current had ASC followed proper accounting practices instead of losing/misplacing and misappropriating my payments and/or refusing to cash the checks that I sent to their office (some by Certified Mail/ Return Receipt).


10.  ASC/Wells Fargo has purposefully and maliciously reported incorrect negative information to the 3 National Credit Bureaus, thus severely damaging my previously stellar credit rating and making it impossible for me to refinance with another mortgage company.


The above 10 items and the previously outlined "accidental foreclosure/unlawful sale of my home in 2006" are just the very tip of the iceberg of egregious behaviour and unlawful practices that I have been the victim of by Wells Fargo doing business as America Servicing Company.  I am actively looking to help as many people as possible that are (or have in the past) experiencing the same or addtional problems with either of these two companies.  If anyone is aware of a class action lawsuit already in existence against either or both of these companies, please contact me immediately.  Otherwise, I will be more than willing to do the work to seek assistance in organizing one, as I have seen numerous cries for such an opportunity from my fellow Rip Off Report Victims of ASC/Wells Fargo.


This report was posted on Ripoff Report on 12/09/2009 08:28 PM and is a permanent record located here: http://www.ripoffreport.com/r/Americas-Servicing-Company-affliate-Of-Wells-Fargo-Mortgage/Des-Moines-Iowa-50306-0388/Americas-Servicing-Company-affliate-Of-Wells-Fargo-Mortgage-WELLS-FARGO-Use-of-Misappro-536921. 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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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

My issue w/ASC

AUTHOR: Cesar - (United States of America)

Hello, I see that this report was filed in 12/09 so it' been some time.  However, as I googled: "Phone # of ASC written correspondence dept" I came across this website & thought I'd try it to ask about the outcome.  

My issue pales in comparison to yours but suffice to say that due to what it, in my opinion, is an error on ASC's part, my credit score has been significantly negatively affected.  That's bad enough but then to be told that I can't SPEAK to somebody about it & I'm forced to FAX (fax, reallly?) "written correspondence" in adds serious insult to injury. 

At any rate, were you able to ever actaully SPEAK to somebody about your issues? I realize that if I get to speak to somebody my issue still may not be resolved but at least I get a shot to state my case.

Any suggestions on how to get somebody live?

Thanks!





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#2 Consumer Comment

*NATIONWIDE ALERT for those facing FORECLOSURE!!! A report on the PBS News Station the other night said that....

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

a bank CANNOT 'evict' someone from their home, which has gone into foreclosure. Only a Judge can have you 'evicted' from the home.

*KNOW YOUR RIGHTS!!!


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#3 Consumer Suggestion

Third Party assistance in mortgage fraud

AUTHOR: nrsrchd - (United States of America)

This is to let you know that there is third party assistance.  It is called endlessfrauddetection.com.  They provide third party forensic audits of you mortgage.  They can even go as far as providing all the litigation support paper work that can be taken to any lawyer with reading skills and all they have to do is file and wait for the mortgage company to scream "don't take us to court, we don' want another ocwen".

Ocwen paid out 11.2 million to a customer that were trying to collect 31,000 from.  These guys even have  radio show on ruleoflawradio.com and that last show Dec 17, had a client who is going to court with violations that require the return of all monies paid  and quiet title to the home due to recindable violations.  That is violations that make the mortgage void from the date of signing and means he will be sitting free and clear once all is said and done.  The client is suing for the return of all money, court costs, audit cost and all litigation costs.  I hope this helps. 

Nrsrchd
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