• Report: #213164

Complaint Review: Homecomings Financial, GMAC

  • Submitted: Thu, September 28, 2006
  • Updated: Wed, October 04, 2006

  • Reported By:Blue Ridge Georgia
Homecomings Financial, GMAC
2711 North Haskell Avenue, Suite 900 Dallas, Texas U.S.A.


*Consumer Suggestion: IF AT FIRST YOU DON'T SUCCEED ,,,

*Consumer Comment: Welcome to the nightmare of GMAC Rick.....

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I filed Chapter 13 bankruptcy in 2003, which, when fully discharged in 2005, had paid my Homecomings Financial mortgage delinquency in full. Throughout the bankruptcy, I kept payments to Homecomings Financial current, and have proof via bank and bankruptcy status statements to that effect. My bank statements further prove I have paid county property tax and home insurance payments as required.

For the past year or so, despite submitted proof of the above, Homecomings Financial persists in claiming to have paid my property taxes and subsequently, to be justified in raising my monthly mortgage payment to cover escrow shortagestwice in the past year. This company has tacked on delinquent charges and is claiming to be due more than $2,000 in additional charges for which there is absolutely no justification.

Despite letters I've written to the company and my phone conversations with Homecomings Financial representatives, their automated late payment calls continue, along with incorrect statements indicating ever increasing delinquent chargesand solicitations from Senior Vice President Sally Wilson to refinanceas valued customer, breeze through application in minutesand have extra cash in just a few weeks.

Please send information re any class action suit of which I could become a part.

Blue Ridge, Georgia

This report was posted on Ripoff Report on 09/28/2006 08:37 AM and is a permanent record located here: http://www.ripoffreport.com/r/Homecomings-Financial-GMAC/Dallas-Texas-75204/Homecomings-Financial-GMAC-Subsidiary-SCAMS-MORTGAGE-CUSTOMER-OFFERS-REFI-INSTEAD-OF-ACC-213164. 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 Suggestion


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

Hello Rick,

From your report I see HomeComing is after you again. This company firmly believes, as does it parent company GMAC, in the old saying, If at first you don't succeed, try, try again. Trust me, HomeComing is not going to give up on trying to steal your home and the equity you have in it. GMAC has tried to defraud me of my home so many times I'm beginning to lose count.

If you had an attorney during your Chapter 13 contact him/her and ask them to assist you. There are several things you might be able to do to help yourself in the mean time. Depending on the amount of money HomeComing has embezzled from your escrow account file a small claims suit. As long as you have all your ducks in a roll you can do a small claims action on your own. To make your claim as strong as possible take all your financial documents to a CPA and have your loan audited prior to going to court.

Another option is to file a suit in state court. For this you may need a lawyer to advise and/or represent you.

Last, but not least; file a motion with the Bankruptcy Court to reopen your case so that you can obtain injunctive relief, as well as,actual, compensatory, and punitive damages. Once again, for this you may need a lawyer to advise and/or represent you. It's quite possible that if you can find a good lawyer he may be willing to file a class action suit for injunctive relief with you as the class representative.

It appears that both HomeComing and GMAC are incapable of keeping an accurate accounting of your loan, my loan, or anyone's loan. The fact that so many homeowners have notified them about escrows problems, and they have not taken measures to correct their accounting errors, implies that they have knowledge of their deficient accounting system and are negligent and are willfully breaching their fiduciary duties.

The time to take action is right now. HomeComing is setting you up to foreclose on your property. It's better to go on the offensive while you have a chance.

John has offered you some very good suggestions. It is unfortunate, outrageous, and sad that Joe has had to forfeit his home because of GMAC's miscreant behavior, don't let them beat you also. You can contact me via Joe's web site or look real close at my report "GMAC's so called errors and honest mistakes almost cost me my home, AGAIN!"(RipOff Report# 34)and find the link.

Please remember, I am not a lawyer, nor should my suggestions be considered legal advice. If you need legal assistance please contact an attorney.

By the way, for those of ou dealing with GMAC do a web search by typing into your browser:
complaints,GMAC. On the right hand corner of the page click onto GMAC. This, supposedly, will allow you to contact them directly to have your accounting issues addressed. I'm not certain but I think GMAC has been required by HUD to make this forum avaiable to help resolve our complaints.

Good luck and God Bless
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#2 Consumer Comment

Welcome to the nightmare of GMAC Rick.....

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

Sorry my title sounds bad but that's really the only words there are, when you're dealing with GMAC.

You can read my story on this website, or you can go to my farm, my farms name is platoridge, Don't forget to find the GMAC link!

Let me first start by saying, you are screwed in my opinion. But keep in mind even though you will be gray or possibly bald by the time this is over! Sorry but this is the truth, you are in for one major headache.

I would recommend doing the following;

First; Call your insurance carrier, and ask him for details about your payment history. And also explain that your bank statements showed you made your payments on time, but Homecoming Financial is also trying to say that they paid as well. But then nicely DEMAND your payment history, then either pick it up or have it mailed to you. If they mail it and you don't get the information within 3-4 days call them up every day until you do receive it. Each day let them know you're getting madder and madder!

Second; Call your local Tax assessor's office and pre-warn them that you need detailed documents of when each tax payment was made and by whom it was paid. I say to pre-warn them because I just stopped in, and then had to go back a week later to pick up the information. But, when you call they can tell you if you can pick them up right away.

Third; From now on any correspondence to GMAC needs to be via certified mail using the generic letter that can be found at hud xxxx .gov website (read between the lines) It is called the "Qualified Written Request." By using this letter GMAC is required to acknowledge your request within 20 business days and must try to resolve the issue within 60 business days. Or they can be fined! If you cannot find this letter go back to my website and email me, as I can give you the exact link.

From here on out is what I've been told, but did not do so because "I thought I knew everything!" And didn't want the extra work! This is now, probably why I do have to file an appeal.

Fourth; after you have proved yourself right and GMAC wrong; Hire an accountant to review all the information you have and ask him/her to put their findings down in black and white for you to take to court.

Fifth; find the best trial attorney you can find! Trust me if your in a small town like I am, this is going to be hard to do!! Most small town lawyers are scared of big time Corporation's! But do your best to find the best one available to you! With just the knowledge in my head of what just happened in court, you need to turn this in to a trial case, and nothing else!

Sixth; send all your proven information to your state's attorney as well as your local HUD office, and then send it to your local Federal Banking Institution for your state. Send your information to any and everybody you can think of! Heck, send it to your local mayor, your State Representative, your State governor, etc. The more people that know about GMAC the better!!

Yes I'm fighting for blood; one single company that has illegally ruined thousands of families needs to be stopped! We are working on a class action lawsuit, but at this point we still need more people, and we are still looking for the right attorney. I think I know the right attorney, but he would not take the case as long as I was in foreclosure. Since I'm no longer in foreclosure, I'm sure he will take the class action lawsuit case. But we still need help from everyone reading this letter!

Weather I lose my home or not I will be the first person on the witness stand next to the judge! I'm in this fight for life. We found the perfect combination of my wife's dream as well as mine. Now one company is going to try and steal this from us? I don't think so!! They may steal it now but they will compensate in the future!

As for the rest of the hundred's that have posted to this site, I've received ONE letter allowing me to post their story on my website. And, I've received only ONE affidavit to take to the lawyer! Is everyone scared of GMAC? Or do you not have the time to get to it? Right now my home will be sold November 30, 2006, guess what, I still have the time to write this letter to help anyone I can including myself. What's your excuse? I've yet to look for a new home, I've yet to box up a single piece of our home! I'm in this fight for life!

Who is fighting GMAC? Me and Virginia alone? If that's the case why take the time to write your stories here?
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