• Report: #123210

Complaint Review: GMAC MORTGAGE

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  • Submitted: Thu, December 16, 2004
  • Updated: Sun, January 31, 2010

  • Reported By:Centennial Colorado
GMAC MORTGAGE
500 Enterprise Rd Horsham, Pennsylvania U.S.A.

GMAC MORTGAGE Ripoff ILLEGAL foreclosure Denied Right to Cure Mishandled Payments Ignored Dispute Letters Improper Debt Collection Practices Ruined Credit HORSHAM PA

*Consumer Comment: To all other GMAC Mortgage victims

*Consumer Comment: They did it to me and wait till you hear this one

*Consumer Suggestion: I have a solution for all of you

*Consumer Suggestion: GMAC did me in too

*Consumer Comment: gmac hurts hard working people

*Consumer Comment: GMAC admits its error

*Consumer Comment: been there done that

*Consumer Comment: Hurt by this company GMAC

*Consumer Comment: GMAC Mortgage

*Consumer Comment: disabled veteran and gmac has done to you the same to me now they are trying too forclose on my property

*Consumer Comment: morning val, trying to organize a faxing blitzs on gmac for dec 27 2004

*Author of original report: Help us BUILD A CASE Against GMAC Mortgage

*Consumer Suggestion: Commonwealth of PA

*Consumer Comment: hey valerie

*Consumer Comment: hey valerie

*Consumer Comment: hey valerie

*Consumer Comment: hey valerie

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I have been battling GMAC Mortgage Corporation on a 2nd mortgage loan for 22 months. Long story shortened...it all started when GMAC lost a payment, it was signed for but never applied.

I continually disputed the situation IN WRITING with them, citing our Section 6 RESPA rights. They continued to run my account delinquent, though a major portion of it was in dispute. They continued to report a delinquency on our credit reports.

Eventually, one of their collectors called and told me that I was in foreclosure. He told me I needed to pay (about) $2,000 of attorney's fees to stop foreclosure action. I told him that it was illegal to foreclose on my house, because I hadn't been given Notice of Default or Right to Cure, provided for in my loan agreement. This guy was miserable to talk to; continually taunting me that I would lose my home, my children wouldn't have a place to live, etc.

Using borrowed funds from our 401K, I cured (what GMAC considered to be) the default. That check was FedEx'd to the above debt collector, though it wasn't credited to my account for a few more days, causing yet another late fee.

After the alleged "default" was cured, the foreclosure action BEGAN. Simultaneously, GMAC filed a Charge Off on our credit reports (citing a $49,000) loss AND they also filed with our County Trustee to force the sale of our home... all this was done with NO RIGHT TO CURE, mind you, totally breaching our contract with them.

This has been an incredible nightmare, as the illegal charge off information remained on our credit report for over 9 months. We couldn't get a loan from ANYONE because of what GMAC did to our credit. Additionally, other creditors closed our accounts and put us on default interest rates because of our smeared credit. We simply cannot mitigate the damages that GMAC dealt us.

We filed a complaint with the Colorado Atty General's office. GMAC's response to them was that they "had no record of ever receiving" our complaints. I have written over 20 complaints, and I have delivery confirmation.

Please... I need help from ANYONE WHO HAS HAD ANY OF THE SAME EXPERIENCES WITH GMAC. Our story is so complex, it would take way too long to go into detail.

Bottom line is... I know that GMAC is doing the same thing to other people. Please let me know if you have had any of these experiences with GMAC Mortgage:
-misapplied payments (a couple of days late, so as to charge a late fee)
- mishandling or loss of payment (with proof of delivery)
- failure to respond to written letters of dispute
- improper debt collection practices (harassment, malicious intent to cause distress)
-failure to give Notice of Default or Right to Cure (thereby breaching a loan agreement or Deed of Trust)
- illegal attorney's fees charged to account
- filing a charge off on a home loan
-returning payments for illegitimate reason (they returned a check of mine because they didn't like how it was written out)

If you have experienced one or more of these things by GMAC Mortgage, please let me know. There is a wolf/popper attorney looking into a class action on these things, and I need more proof that what happened to me IS NOT AN ISOLATED INCIDENT... I know that GMAC is doing it to other people, too.

Please help all of us, and respond to this and come forward with your story. Thanks!!

Valerie
Centennial, Colorado
U.S.A.

This report was posted on Ripoff Report on 12/16/2004 02:11 PM and is a permanent record located here: http://www.ripoffreport.com/r/GMAC-MORTGAGE/Horsham-Pennsylvania-19044/GMAC-MORTGAGE-Ripoff-ILLEGAL-foreclosure-Denied-Right-to-Cure-Mishandled-Payments-Ignored-123210. 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

To all other GMAC Mortgage victims

AUTHOR: Vickie - (USA)

Hello to the original poster of this complaint and those who followed:

Please check out my detailed complaint submitted today - January 31, 2010 with the title of "I have been robbed by GMAC Mortgage".

I have filed complaints to this site and consumer affairs.  I also plan to write to David Horowitz and the Better Business Bureau.  I have written to Senator Barbara Boxer right after this happened (early December 2009) and still have heard nothing.  I have received a response and some support from the Department of Corporations.  It is through these avenues that I hope to get financial restitution for the $225,000.00 I stand to lose on the illegal Trustee Sale that took place on my property on December 2, 2009.

To pursue criminal restitution I am also contacting the FBI and have considered the US Attorney General (our California Attorney General, Jerry Brown is currently running for mayor of our state and do not think he will give this any time).

My real feeling about asking for action from any GOVERNMENT agency is that they will not pay this any merit as GMAC is almost wholly owned by our government right now.  Do you think the government wants to pay restitution?  And who can we go to if the government refuses to acknowledge the illegal business practices of this company?  Really their company!!!

Good luck to all who have been wronged.  I personally am not going to stop till I get back what they stole from me.

Vickie

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#2 Consumer Comment

They did it to me and wait till you hear this one

AUTHOR: Roberta - (United States of America)

I have been on a trial mod for my home and followed the directions to a tee then this last month about 2 weeks before I was to make my final payment I GET A CALL FROM THEM AN EMPLOYEE ERIC. He proceeds to tell me all is going well and that I MUST MAKE SURE MY LAST TRIAL PAYMENT ( which was due Dec 1) i must make sure it is not post marked before nov 30th and I was to send it over night.


WELL I DID JUST THAT AND THE POST OFFICE DID NOT DELIVER MY NEXT DAY LETTER AS THEY PROMISED!!!!!


I freaked out and called everyone at the usps and they said there was nothing they could do HOWEVER the post master in Lousiville did fax GMAC a letter on my behalf explaining it was the usps fault that the payment was 1 day late ( you cant be late in trial mods) I also called Maureen and betty in the supervisors office of collections and they told me to calm down it would be ok.


 


WELL I GOT A LETTER AND GUESS WHAT ( i WISH i COULD ATTACH IT HERE FOR ALL TO READ) THE LETTER STATES AND i AM QUOTING
THIS IS FROM THE DESK OF jESSICA KLIEN AT EXT 236*5448 AT 800 627-0128


OK SHE WRITES THE PAYMENT AMOUNT OF 966.07 WAS RECIVED dec 3RD ( SHE LIED i HAVE THE PROOF THEY GOT IT ON THE 2ND BUT DID NOT POST IT TILL DEC 3 AND THAT THEY DID ON PURPOSE TO MAKE SURE I WAS IN BREECH OF THE MOD) ANYWAY It goes on to say "Unfortunity, the late posting will prevent the modification from being completed"


I AM SOOO MAD I HAVE SUCH A STORY TO TELL BUT WHO WILL LISTEN ???IF ANYONEEEEEEEEEEE can tell me where to start I PROMISE YOU I WILL MAKE ENOUGH NOISE THAT OBAMA HIMSELF WILL INVOLVED .... I should have known something was up all of of that has to deal with GMAC knows they NEVER call us out of the blue that employee set me up and the postal system let me down now I am looking at forclouse god can anyone out there tell me how who or where to start sueing yelling ANYTHING!!!


I am going to put this letter online so that others can read it since I can not attach it here if you want to see the proof of what they are doing you can see it at http://www.facebook.com/profile.php?ref=name&id=100000576784604


my user name there is (((ROR redacted))) can also email me at (((ROR redacted)))


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#3 Consumer Suggestion

I have a solution for all of you

AUTHOR: Alison Cbar - (United States of America)

My name is Ali and I have been involved in real estate law for some time now, and GMAC is one of the biggest predatory lenders I have come across.  I have a client who has been in their mortgage for 29 years and was just notified that they have a baloon payment coming up of 280,000 dollars---- their ENTIRE principal balance, well it turns out the 30 years was ONLY interest and the ENTIRE balance was supposed to be paid at the end of the 30 years. Now I don't know about any of you but I dont know anyone who could afford to do that, or would see the point in having a loan like that. Gmac is a TERRIBLE company and I'm still floored that they haven't been federally shut down when they have harmed borrowers just as bad, if not worse than the ones who have already been raided and closed.

The first things you all need to do is not only report them to the Attorney General of your state, but report them to the Attorney Generals office of their corporate center. Then file a claim with the FTC, you can do this online. Then you need to dispute this with not only experian, equifax, and transunion but FICO as well IN writing with any documented proof you have. That usually takes around 30 days to come back and if they can't provide substantiated evidence that you are in the wrong then it'll be deleted and your scores will be recalculated. ALSO please file law suits with US HUD as well as local real estate attornies. We helped a client with GMAC win their house completely OUTRIGHT because of the same things that you all listed. Write to your senators, President Obama, News papers, make it public!

If you are still in your house currently, you have the option of modification to help you get brought to current, out of foreclosure and reduce your payments, and in some cases principal balance reduction. Please be advised that there are thousands of scams in this field driven by heartless savages who are trying to make a quick buck. If you are eligable, look into reverse mortgage- or if your note is held by Fannie Mae and you are not able to get brought to current then you can persue a deed in lieu and stay in your house and pay Fannie Mae rent, which I know isn't a good alternative, but it's better than moving you and your family to an apartment.

If you have any additional questions, or would like to tell me the entire situation then please feel free to contact me at(((Redacted)))ext 225.

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#4 Consumer Suggestion

GMAC did me in too

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

Hi Valleria,

I may be able to help you get more people for your class action. You can read my story on ripoff report,I am the only one in santa clara ca.at four,zero, eight- three, zero, one-two six two one. I to am battling GMAC in court and have been for two years.
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#5 Consumer Comment

gmac hurts hard working people

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

i am also looking to fight back this is not fair how this company can mess up credit and family"s lives they dont care who they hurt they say that dont have are payments when they do, or they dont apply them when they get them. and they over charge us with late fees or lawyers so many things i cant even begin i am really hurt i am going to keep fighting as long as it takes maybe i can help the next person they try to hurt
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#6 Consumer Comment

GMAC admits its error

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

GMAC has forwarded a letter to me stating its errors. They will be removing the incorrect information that they forwarded to my credit report. They will be hearing from me in the future to address the late fees, the changing of account numbers on my personal mortgage checks, and the changing of dates on my checks.

I plan to sue due to the errors and the harrassing letters and harrassing phone calls. The postal and time spent in letter writing. I spent 18 months dealing with GMAC.

I would be happy to join up with others in a class action sue. This company has hurt alot of consumers.

I need to say this, things started to get done when I wrote a letter to the CEO in Horsham, Pa. I went on the internet and got the CEO's address. Try writing to the CEO at your location and see if it makes a difference.

Keep the faith, GMAC needs to leave the business.
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#7 Consumer Comment

been there done that

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

kelly please read our reports contact us we can help you out poss read joeshs report tell him to give you daniels number

ok first go find an attorny
second your story sounds a lot like mine
gmac is great for not posting payments and when it comes to insurance their heads are up their butts
this is what you need copies of all your check payments showing the dates that gmac cashed them
then get copies of all your insurances to show that they were in effect when they said they were not (gmac was so confused with me that they had two flood insurances listed on my account) da only had one
most important if they sold your account to another company and didnt notify you in a letter then you have them by the balls in your mortgage agreement somewhere it will state that they have to notify you at least 30 days before it is transfered
also i sugest you call hud in washington dc and ask for the dept of respa file a complaint with them and please contact us asap
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#8 Consumer Comment

Hurt by this company GMAC

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

I too have been taken through the mud with this company. First thing they did was tell me my payments were late and billed me for late fees I was never late. Second was they called me saying I did not have house insurance. I have insurance on my house for the last 8 years since I bought the house.

They said I need to prove it, so I called my insurance company and they immediately fax the information to GMAC. Two weeks later I get another notice in the mail about no insurance and they are charging me with 600.00 because they added their insurance to my account. Took a month of phone calls and faxs and a lot of headache and they finally credited my account. Finally we come to the worst event.

In January of last year, we awoke to an early morning knock at the door, I was told I was being served. Gmac was foreclosing on my house for nonpayment. I called right away, they told me that I was behind with my payments, I told them I was not and would get the canceled checks to prove it. I faxed the checks, they never called me back.

I tried calling the person listed on the documents, after a week of leaving messages and calling twice a day, I finally got through to a manager. She told me she would look into it and as long as I was working things out with them , they would not foreclose. I believe they were going to help me make things right. Again I kept calling after two more weeks of leaving messages, the girl working on my mortgage called me and was very cross and began to tell ME that they were done with me, they were foreclosing on my house and there was nothing I could do about it.

Told me i could not afford the house. I am a professional woman with a good job. I could afford the house for the 8 years before with no problem and also on less pay. She said I would have to pay them 6500.00 in court costs and restitution fees to save my house and she just knew I could not afford it.

Anyway things got ugly, I contact the judge who was to hear my case and apparently GMAC had already been to court to foreclose, never contacted me. They told the judge I never responded to their calls and that they had trying for months and I ignored their calls. We had a conference call with their lawyers and the judge on the phone, the lawyer lied the whole time on the phone with judge and began using all the toughest legal terms he could muster up. Then had the balls to tell me to go beg money to pay the fees from my family. "Have a dinner" he said and asked them to help you out he said. To save my house I had borrow money, I am now in debt to family for this mess.

Two weeks after I airmailed the money I recieved a check from them for 175.00 saying I over paid on my mortgage payment. What the heck I think they owe me the rest 6325.00 I have over paid. I did this to keep my house and land that belongs in the family. I can not switch to another mortgage company because GMAC has ruined my credit. No one will help me. Now they are telling me that GMAC sold my mortgage to another company, when I called the new company they said they do not have my account. Anyway I am scared that they will try something else now. Someone please help me, Kelly Las Cruces NM
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#9 Consumer Comment

GMAC Mortgage

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

Hellow Val,
My name is Barb. I have had the same experience with Homecomings Financial, Bank One, GMAC or what ever the name is today. I am willing to join in a class action lawsuit. I have contacted Wolf Popper in NY and also I have contacted the attorney that handled Gregg Hammond's case in 2004. We have to try to get together on this all of us. There are now over 200 complaints about this "vulture" of a company. They have to be stopped. You can find my report under Homecomings Financial. Let me know what you want me to do. I am willing to try anything.
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#10 Consumer Comment

disabled veteran and gmac has done to you the same to me now they are trying too forclose on my property

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

to valarie im in the sam boat as you am an disabled veteran and gmac has done to you the same to me now they are trying too forclose on my property.i cannot get no pay history from the attorney since i am in an chapter 13 due to these guys. i have the payments and i thought i was getting a good va loan to decrease my payments. than whamo i got all these late charges that i cannot pay because of me disablity set income. i havent herd from the va that im behind in my loan. nothing at all.i have talking to an attorney and daniel we all are in the same boat i have not herd nothing even my payment history is no good at all this company is taking eveyone to the bank indeed. there has to be somthing done with this company with there tactics and lies. i got gmac mortgae in 2003 and in 2004 filed for chapter 13 than all heck broke loose. i have the payments that i have paid but to no reply> the only thing i got is that there taking my house due to forclosure for late payments and there add on lawyers fees.havent they broke some kind of law with me or does any one know. i have no where else to go.$5000 late fees i dont know how this have could have happened especially to an disabled veteran.imm %100% diasbled.if anyone has any ansewrs please let me know or if i have time to get an attorney people this is my home and im not leaving period.especially when you have the payments states money orders.i cannot no even get a payment history from these guys at all any info plaese call me thanks gary>
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#11 Consumer Comment

morning val, trying to organize a faxing blitzs on gmac for dec 27 2004

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

hey im trying to organize a faxing blitzs on gmac for dec 27 2004 tring to get everyone to print their storys off the rip off site and start faxing it into gmac this will hopefully alert their employes as to the company they are working for a few more suggestions came into play lets all get into the chat rooms on aol and warn people about gmac i have another name gmac screwedme@aol.com warn people not to buy cars, homes or have anything to do with any company run by gmac boycott their realistate agents, car dealers that do financing through gmac fax the rip off site to these people alert the news medias in your towns as to this date perhaps this will open their eyes up
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#12 Author of original report

Help us BUILD A CASE Against GMAC Mortgage

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

I have a Google Group set up for "Disgruntled GMAC Mortgage Customers". There are so many people that have been done wrong by this company, and we need a collective voice. I am as interested in other people's stories, as I am in my own. What happened to us should NEVER happen to another decent family.

If you (or anyone you know) has had a bad experience with GMAC Mortgage, and has documentation supporting it, we need to know their story. We're trying to "BUILD A CASE" (running those words all together...followed by a (.) and listed as a COMpany...wink) against GMAC Mortgage. You can help by telling your story.

I will not rest until this Giant in the mortgage industry gets what's coming to them.
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#13 Consumer Suggestion

Commonwealth of PA

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

I wrote to the Commonwealth of Pa, Division of Banking and they immediately asked GMAC to provide information directly to them within 30 days. They did. However, they provided information that had nothing to do with my problem. I am trying again and so we will see. I suggest that you try the Attorney General of your state and PA and send those proof of receipts. They post my mortgage payments when days after receipt and take no notice of when the payment was sent. They have charged me two application fees and I am waiting to hear about that. They changed my mortgage agreement made with their underwriter, Jimm Redd. All of this was done in Horsham, PA. My attorney appears to have assisted them since she told me I had to sign the changed mortgage agreement or we could not close and she would fix. That was BS and I stupidly thought she was protecting me because I hired her. Everytime I hear about this company and what they are doing to people, I am confused as to why this company is still operating in PA and allowed to be insured by the Federal Government. There is also the Comptroller of the Currency if money is missing or not applied, etc. Their website recommends HUD for resolution and that may prove to be a problem since simply trying to find a counseling office for HUD in my area has proven frustrating. HUD is supposed to be helpful if you face a problem with your mortgage company.
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#14 Consumer Comment

hey valerie

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

im in the same boat as you read gmac deaf dumb and blind i have put several attorneys numbers in there call them see what they can do call the guys in the tampa office ask for ron jordan im working with him now he found things that i missed it seems that in 2002 gmac made a payment out of my escrow account for $1133.00 and labeled it mics disbersment well it wasnt one of my three insurances and it wasnt my prop tax so what the heck was it seems they dont know i have faxed them and mailed a letter to them requesting my account info so lets see what happens also it seems they were holding my payments till after they were due so they could charge me a late fee anyhow call these guys gmac must go down for what they are doing
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#15 Consumer Comment

hey valerie

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

im in the same boat as you read gmac deaf dumb and blind i have put several attorneys numbers in there call them see what they can do call the guys in the tampa office ask for ron jordan im working with him now he found things that i missed it seems that in 2002 gmac made a payment out of my escrow account for $1133.00 and labeled it mics disbersment well it wasnt one of my three insurances and it wasnt my prop tax so what the heck was it seems they dont know i have faxed them and mailed a letter to them requesting my account info so lets see what happens also it seems they were holding my payments till after they were due so they could charge me a late fee anyhow call these guys gmac must go down for what they are doing
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#16 Consumer Comment

hey valerie

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

im in the same boat as you read gmac deaf dumb and blind i have put several attorneys numbers in there call them see what they can do call the guys in the tampa office ask for ron jordan im working with him now he found things that i missed it seems that in 2002 gmac made a payment out of my escrow account for $1133.00 and labeled it mics disbersment well it wasnt one of my three insurances and it wasnt my prop tax so what the heck was it seems they dont know i have faxed them and mailed a letter to them requesting my account info so lets see what happens also it seems they were holding my payments till after they were due so they could charge me a late fee anyhow call these guys gmac must go down for what they are doing
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#17 Consumer Comment

hey valerie

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

im in the same boat as you read gmac deaf dumb and blind i have put several attorneys numbers in there call them see what they can do call the guys in the tampa office ask for ron jordan im working with him now he found things that i missed it seems that in 2002 gmac made a payment out of my escrow account for $1133.00 and labeled it mics disbersment well it wasnt one of my three insurances and it wasnt my prop tax so what the heck was it seems they dont know i have faxed them and mailed a letter to them requesting my account info so lets see what happens also it seems they were holding my payments till after they were due so they could charge me a late fee anyhow call these guys gmac must go down for what they are doing
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