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!!