Something has got to be done to help lay people! Especially if we do not have the money to hire an Attorney, to help us understand our legal rights.
I just got home to find a "Re-Notice of Foreclosure Sale" in my mail box from David Stern's Law Firm for GMAC Mortgage! The Order was signed September 18th with a sale date of October 18th! I am on a Repayment Plan and I am sure I sent my payments on time!
After a year long fight in court, with me filling my own motions disputing simple calculation errors like Stern's Office stating I owed $94,000.22 of payments instead of $7,500.00. In their claim they stated I never attempted to make a payment to GMAC, which was false.
GMAC clearly told me they could not accept any payments from me, per instructions of their Attorney David Stern. I was 3 months late in July of 2006 and wanted to make partial payments. I was informed my account had already been turned over to the Law Firm any and all communications would have be with Stern's Office. A week later I was served.
I called Stern's Office leaving what seemed like 100 messages for what ever Attorney, working on the case against me. I must have had 3 or 4 different lawyers at any given time. I sent letters and still no reply from his Office. None of my motions were replied or addressed. They did send me a filed hearing date for Sept 14th 2006 then on Sept 12th I get a motion to Cancel the hearing, with no explaination. I called their Office again, still no one would talk to me, I kept getting directed to voice mail. I called GMAC, same story, "call our Attorney"
Finally on April 9th 2007 I recieve in the mail a "Motion for Summary Judgement" and another motion setting a Hearing date of April 25th 2007. I finally get to Court, and by God's grace the Judge lets me explain my case. She seemed to have pitty on me and said something to the effect that she had no choice but to sign their Order, but she would give me 60 days to sort out reinstating the loan or getting new finance. The Judge also said their legal fees would stay at $1,350.00.
Boy was I an idiot to believe they would listen to her! Legal Fees Jumped to $4,239.50 after they had pointed out their calculation mistakes not mine! This time only a $25,000.00 mistake. By now GMAC's Loss Mitigation Department was willing to talk to me, so I could Reinstate the Loan. By now no bank would touch me with my credit distroyed.. I had no choice, but come up with a large sum of money and set up a repayment plan to keep the Loan. The other option was to deal with Foreclosure buyout scammers with offers too good to be true!
Now, hear we go again today! I just finally get thru to Loss Mitigation after holding for 35minutes! I didn't even bother to call David Stern's Office. I was informed my August payment was not received that is why i got the Notice. Nevertheless they did recieve September's payment! She said it really was "not set for sale" and GMAC would reinstate my Repayment plan. I told her I had a signed notice by a Judge from the court!
She did not seem to understand. She continued to explain that I would need to pay an additional $1,500.00 in Legal Fees! When I complained the representative said the Law Firm had the right to proceed with "Sale" because technically I'm still in Forclosure, and the Judge's Original Order still stands!
I had no idea, I thought by coming up with the large down payment and setting a Repayment Plan, I was out of Foreclosure! It seems the Law Firm can simply file a piece of paper, the Judge signs it without my presence and off to the Auction Block my home goes!! If I knew this I could have cut my losses and moved on! Now I am at their mercy and God forbid I don't check my mail or the notice gets lost! My home will be sold and I would never know it!
She also explained the Law Firm had the right to proceed with "Sale" even if I was one day late! I no longer have any rights while under this Repayment Plan. She did state that GMAC "had no control" on what the Law Firm charges. Ofcourse they don't, not since I have to pay for it if I want to keep my home.
The other thing I don't understand is why does it cost $1,500.00 to file two pieces of paper?
Oh, by the way something happened to her computer, so I have to wait until tomorrow to call her back!
This all seems like one big scam! I feel like I'm being punished and squeezed for every dollar I have, just because I want to keep my home! I have taken resposibility for the late payments, that were back in June 2006. This was due to legitimante finacial set backs that no longer seem to matter. I have been paying for the loss thru my teeth!
This Foreclosure nightmare has become a feeding frenzy for Mortgage Company Attorney's like David Stern! Especially feeding off people like me who really don't understand exactly what legal rights I may have. All I want to do is hang on to my largest investment and equity!
I am sick and tired of being sick and tired! I'ts time to fight back. If there is Lawsuit aginst Stern's Firm, I want to be part of it! Let me know.
Fort Laudedale, Florida
U.S.A. Click here to read other Rip Off Reports on GMAC Financing