• Report: #240564

Complaint Review: Countrywide Home Lans

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  • Submitted: Sat, March 24, 2007
  • Updated: Tue, April 03, 2007

  • Reported By:Anchorage Alaska
Countrywide Home Lans
500 E Benson Blvd Ste 103 Anchorage, Alaska U.S.A.

Countrywide Home Loans RIPOFF, Taking payments, trying to take home out of chapter 13 Anchorage Alaska

*Consumer Comment: Some helpful advice from someone who has been there

*Author of original report: Rebuttal

*Author of original report: Rebuttal

*Author of original report: Rebuttal

*Consumer Suggestion: what you can do

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I am a 24 year old who bought a condo in 2005. It was sold to countrywide 2 months after closing on the condo. everything was fine for the rest of 2005 and then in 2006 my grandma died and got behind on payments, countrywide said can do a work out program and have payments of 1600 a month. i told them i couldnt afford that. my payments were 615 a month and then they wanted to raise it up to 1600 a month.

when i told them that i couldnt afford that they said that they were going to foreclose on my property. i was two months behind at the time. so i called a lawyer and he was like with my credit score to save my house would be best to file a chapter 13. this was in april of 2006 when i was told that. so we started the proceedings.

in june of 2006 my lawyer was like don't make anymore payments to countrywide so we can put that in the chapter 13 and like a dummy i didnt. so finally in october we filed the chapter 13. everything was going just fine until december of 2006.

i did a payment via western union as usual cause the countrywide in town was like we don't apply the payments to your account we mail it to the payment processing center. so i sent the payment via western union.com which it usually takes 2 business days for the payment to apply to my account. it took countrywide 1.5 months to apply it to my account and then they sent me a letter stating that they were going to court to ask the judge to take my house out of the chapter 13. i was like WTF

so for january and february i didnt have enough money to send it via western union was its like 40 bucks more and my payment was 615 but i still had to pay the court 248 for my chapter 13. so i took the payments to the store in town so they can mail it cause they said it will get there faster. i wrote them a check for january of 2007 and february of 2007 the checks have not gotten presented to the bank yet. I don't know what happen to it. but now i have a court hearing to try to save my house. I have the carbonated copies of the checks that i wrote and i told my lawyer that and he was like i don't know if that is enough proof

so i have been either trying to sell it or do something to stop it from going in foreclosure. i put a stop on the checks with the bank and i had to spend the money that has been sitting in my account cause i had to be hospitalized due to had a diabetic episode. countrywide is stating i owe them 754 for january and february

my regular payment is 615.19 and with the escrow account is it 754. but they are saying the 754 is not for my regular payment with escrow its for attorney fees only which was in my chapter 13.

i don't know what to do. i don't want to lose my house. its the only residence i have. my lawyer was like keep paying them but they want the full 1508 or they will send my payment back. i don't have 1508 to pull out of my ass.

what do i do? the court hearing is on 3/30/3007 which i have to be on the phone with them due to i cant be there in person.

Kathleen
Anchorage, Alaska
U.S.A.

This report was posted on Ripoff Report on 03/24/2007 03:45 PM and is a permanent record located here: http://www.ripoffreport.com/r/Countrywide-Home-Lans/Anchorage-Alaska-99507/Countrywide-Home-Loans-RIPOFF-Taking-payments-trying-to-take-home-out-of-chapter-13-Anch-240564. 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 Comment

Some helpful advice from someone who has been there

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

I am also currently in Chapter 13 bankruptcy due to Countrywide and they are fighting me every step of the way. Luckily I have a good lawyer...sounds like you do not. It seems to me that your lawyer is taking your money and running. As far as I know, Countrywide MUST accept your payment, that is ANY payment you make to them while you are in bankruptcy. They usually save the payment and post it when they have collected enough for the previous payment you owed. It stinks yes, but thats how they do it. This happens to accumalate more fees sometimes however, you need to pay what you have agreed to in bankruptcy. If you find that they are not taking responsibility for their end then perhaps open a civil lawsuit against them. It all comes down to this...how much do you want your home? It is a cruel world I know. Believe me, you are not going through anything I have not with these jerks. But maybe you should just switch totally to a chapter 7 bankruptcy. Your lawyer should have made it very clear that you couldnt really afford chapter 13 anyway. But anyhow...maybe just go chapter 7 and be done with it.

It sounds like you are losing more than gaining. Also, is it possible to perhaps get a second job??? At least to get you current on the payments owed while in bankruptcy? I also have found that if you mail a money order to them and mail it return reciept requested, it really helps. They cannot play games with you and then also that way, you KNOW they have the cash because you have to pay the cash for the money order and also they have to sign for it. It has the date recieved and everything on it. That way you do not have to worry about how long it takes them to cash a check. Plus I find it safer. Get into the habit of going to the post office once a month. Overall, it is about 5-8 dollars more than your payment but hey...it sure beats $40 for western union!!! Good luck with everything.
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#2 Author of original report

Rebuttal

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

First, I have been in the chapter 13 as stated since October. Second i just didnt pay them. Like i said i didnt say anything about the money because it was takening them 1.5 months just to post something that was sent via western union as stated. So i thought they were just behind, until I got that notice. As stated before the checks were sent back to me with a note stating that they were not accepted. Third, they told my lawyer that they never recieved anything not that they got something but they sent it back.

Fourth, the money was not in my account due to had to pay medical bills since i was hosptialized and my insurance wouldnt pay for it. Fifth, to be abled as lower middle class is that a racial thing. I have a steady income. i go to work everyday just like you do. i had a medical issue that had to be taken care of. just you do and they do. so if for you to say that they should "pay their bills" and for me to think that i can stay somewhere "with out paying" then you are as corrupt as they are. I try atleast 95% of the time to pay my bills on time. There are some times when people in the "lower middle class" as you put it that couldnt. So maybe you should think about everything that was said before your so called rebuttal.
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#3 Author of original report

Rebuttal

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

First, I have been in the chapter 13 as stated since October. Second i just didnt pay them. Like i said i didnt say anything about the money because it was takening them 1.5 months just to post something that was sent via western union as stated. So i thought they were just behind, until I got that notice. As stated before the checks were sent back to me with a note stating that they were not accepted. Third, they told my lawyer that they never recieved anything not that they got something but they sent it back.

Fourth, the money was not in my account due to had to pay medical bills since i was hosptialized and my insurance wouldnt pay for it. Fifth, to be abled as lower middle class is that a racial thing. I have a steady income. i go to work everyday just like you do. i had a medical issue that had to be taken care of. just you do and they do. so if for you to say that they should "pay their bills" and for me to think that i can stay somewhere "with out paying" then you are as corrupt as they are. I try atleast 95% of the time to pay my bills on time. There are some times when people in the "lower middle class" as you put it that couldnt. So maybe you should think about everything that was said before your so called rebuttal.
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#4 Author of original report

Rebuttal

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

First, I have been in the chapter 13 as stated since October. Second i just didnt pay them. Like i said i didnt say anything about the money because it was takening them 1.5 months just to post something that was sent via western union as stated. So i thought they were just behind, until I got that notice. As stated before the checks were sent back to me with a note stating that they were not accepted. Third, they told my lawyer that they never recieved anything not that they got something but they sent it back.

Fourth, the money was not in my account due to had to pay medical bills since i was hosptialized and my insurance wouldnt pay for it. Fifth, to be abled as lower middle class is that a racial thing. I have a steady income. i go to work everyday just like you do. i had a medical issue that had to be taken care of. just you do and they do. so if for you to say that they should "pay their bills" and for me to think that i can stay somewhere "with out paying" then you are as corrupt as they are. I try atleast 95% of the time to pay my bills on time. There are some times when people in the "lower middle class" as you put it that couldnt. So maybe you should think about everything that was said before your so called rebuttal.
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#5 Consumer Suggestion

what you can do

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

I am sorry to hear about your situation. It is my thought that you should immediately try to find and investor to help you.
If you find a private investor, you might be able to make a short sale on this house and in doing so, you could still walk away with SOME money and possibly purchase again when you are more able to become a homeowner.

Bankrupty is NOT going to be an ideal solution for Countrywide at this point and is simply going to cost you more money than you have to loose.

The most important criteria for a person to be able to file for Chapter 13 bankruptcy is that the individual must have a regular predictable income. There are a few other criterions that must be met for filing a Chapter 13 Bankruptcy that you probably already know. Chapter 13 is a wage-earner's reorganization. The idea behind a Chapter 13 Bankruptcy is that a Debtor pays all or most of his debt at a reduced interest rate.

Once approved, It is still up to you to FOLLOW THE PLAN, if you have already entered into an agreement to pay and did not, I dont really see where Countrywide ripped your off, it sounds more like your lawyer was the one who ripped you off by not explaining this to you. Either way, you are NOT keeping up YOUR end of the bargin.
At the point where your checks were 'lost', sure, countrywide could have called you, but certainly YOU should have known that the money was not taken from your account after THE FIRST MONTH, yet you repeat the same process the next month.....

THen, after 60 days, the money that you were going to use to pay them you now do not have. WTF?

The fish factor aside, what really do you expect them to do? They ARE a business and they too have bills to pay. YOu did not keep your end of the deal and they are right to call the note.
YOu did not pay due to unfortunate circumstances and Countrywide gave you another chance to pay....
You agreed to PAY THEM and they lost TWO checks so ideally you should still have the money but whoops, now you cant pay again, because due to some other circumstances the money that you set aside to pay them is gone.....Do you propose that they allow you to live in this home without making ANY payments?

That aside,
there are state agencies that could possibly help you. In your state, you can contact the local social services office and explain your situation to one of the intake workers.
There are some 'catchall' services that they provide that are created especially for lower or lowermiddle wage earners to attempt to keep them from fiscal disaters due to illness and unexpected events. There are certain income guidelines that they can better explain to you but if you go, your case will be assisted much faster if you take your birth certificate, an explanation of the events that led to your situation, a copy of your late notice from the lender, a copy of your last three pay checks and your 2005 or 2006 (if you have filed) tax returns as well as your birth certificate and another form of ID.


GOOD LUCK
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