- Report: #751554
Report - Rebuttal - Arbitrate
Complaint Review: EMC-Chase Mortgage
EMC-Chase MortgageP.O. Box 293150 Lewisville, Texas United States of America
EMC-Chase Mortgage mers, rip off, accounting errors, over charged, loan mod, foreclosure Lewisville, Texas
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I have been dealing with EMC now for over a year. I have made over $60,000 in payments since getting my loan 6 years ago or so. The last year I was not late on my payments and actually had paid more.
My brother-well step brother has owned this home for over 38 years. I bought it 5-6 years ago because he had fallen on very tough times and I was able to get a loan and saved it from foreclosure.
He is 60 years old and has raised his 3 girls on this small ranch and has put his entire life into this property.
Here is a web site I built for it to show the bank I had been marketing it.Please take a look at it. He has done an amazing job on this place and alot of extremely hard work.
He does NOT want to sell it nor do I. He has worked extremely hard for almost three years to get his credit fixed so he could buy it back. [continued below]....
I have been able to stop 3 foreclosure sales and all we all want is for him to stay in this place until he passes. All of us including the folks he knows in Wallowa county are all very afraid he will do something stupid if he loses this place. Like I mentioned, he has finally got a loan approval and I have worked tiresly to get a short sale approval which we did for $195,000.
We then were getting all of the loan docs together and the EMC sent out the "Arms Length" form which halted the sale. I thought he was going to commit suicide that day. the loan when I got it was for $220K and now EMC says we owe $255,000 and they will not do a loan mod and allow me to have the loan done for $195K which we would def be able to afford the payments at that. They have still made a lot of money on this place and feel they are really taking advantage of this whole deal plus the loan mod person I spoke to was very condescending and rude and just mean.
I am begging anyone there to PLEASE HELP me. Can't they make an exception just this one time for him to get this loan and buy his property back at $195K which they approved???
This has caused a great deal of pain, sorrow, endless nights up and sickness just worrying and the whole family and friends where he lives there are very worried.
PLEASE help me save this home for him. I have been upfront from day one and am not sure why they would approve this then shatter our dreams all of a sudden with that form.
We will not lie so why are they? He is only related by a marriage and like I mentioned, I was able to get a loan just to temporarily save it until he was able to get approved himself.
This is not just a regular home that he has had a couple years and decided he can't afford it, this is his whole life and has amazing family memories there with his three girls.
Having the original loan 5-6 years ago for $220K and paying over $60K should put us well below $170K or so. I had a forensic review done on my loan and there are so many frauduluent things that do not make sense. I have been approached by a couple law firms for a massjoinder suit but all we want is to keep this place so he can stay there.
PLEASE, I am begging someone there to help me out, us out.
1. Quality Loan never was appointed as Successor Trustee yet claims to have power or represent as trustee.
2. The Notice of Sale is recorded on July 23, 2009 yet the sale date is scheduled for Sept 4, 2009. How many days are stipulated in the law between recording the notice and the date of trustee sale?
3. The trustee's agent Quality Loan is not registered in the filing in Oregon. Can they foreclose when they are out of state corporation?
4. Is the affidavit of service for the Notice of Sale valid as it was served before the 30 days of right to dispute from the Notice of Default.
5. The Oct. 12, 2010 Assignment of Deed is defective. Who is receiving the beneficial interest,
EMC Mortgage, or JP Morgan Chase Bank NA?
6. The October 19, 2010 Notice of Default recorded was signed by LSI Title on October 15, 2010 yet the
Notary swears they personally appeared before them on October 18, 2010 and signed the document.
7. Was the legal owner of the property notified? The owner of the property is Miracle Trust.
8. There was no Notice of Sale recorded to verify the current sale date.
9. There are multiple parties claiming a security interest in the property.
This report was posted on Ripoff Report on 07/11/2011 03:31 PM and is a permanent record located here: http://www.ripoffreport.com/r/EMC-Chase-Mortgage/Lewisville-Texas-/EMC-Chase-Mortgage-mers-rip-off-accounting-errors-over-charged-loan-mod-foreclosure-751554. 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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