Our situation is similar to many complaints found on this board and others. Yes, we were late with two payments, OO seemed as tho they were willing to do whatever to help us. We agreed upon payment, which we sent 2 days before it was due. The day we sent the money, they suddenly added $500 to the agreed upon amount. We produced recordings of the previous agreenment, the supervisor admitted to a mistake, we sent the $5500 that was originally agreed upon. The next week, OO's attorney said that everything was fine, the sale was off.
A few days later we received a letter stating that our forebearance was off and the foreclosure was back on, due to the fact that we sent $5500 instead of $6000. Same old story as so many others, bait and switch. They refused to even acknowledge our recordings of the conversation, said we were wrong, period. They had no record of our 45 minute phone call on the day we sent the Western Union payment, no record of the $5500 agreement even existing.
Below is a copy of the letter we sent OO and their attorney. They are required to produce all of the info as spelled out in RESPA. There is no way they will be able to provide documentation everything they are supposed to, and there is absolutely no way they will be able to explain the $40k increase in our payoff over the past 3 months. We were told by an attorney who deals with them often that this will stop them in their tracks, and that this is the point they start trying to settle in a nice way as opposed to trying to take your home. They HAVE to provide you with the information you request. We got notice today, per a fax, that the sale of our home is off and they are gathering our information, which is the last thing they want us to see, not that they even have it.
I hope this helps someone.
Option One Mortgage
Attn: Customer Service
Post Office Box 57054
Irvine, California 92619-7054
VIA U. S. Mail & Facsimile FAX 949-790-8505
Re: Loan Number xxxxxxxx
Dear Customer Service:
This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
I am writing to request all writings, documentation, receipt of payments and recordings of all my conversation and information concerning the above mortgage. This includes all conversations recordings on June 6, 2008. On that date we agreed to a repayment plan for $5,500.00 up front with the next payment due on July 20, 2008.
I hired a mortgage consultant to help me with this situation. Every call made to Option One was made by a three-way call with my husband (John Smith), the mortgage consultant, and Option One. Further, all of our conversations were recorded as well.
On June 6, 2008, I wired $5,500.00, the agreed upon amount, to Option One. On June 9, 2008, the day of the foreclosure sale, the mortgage consultant called the attorney that was handling the foreclosure (Scott Humphrey) and was told by him that we had done what we agreed to and the sale was off.
On June 20, 2008, I received a letter from Option One canceling the forbearance. After 6 to 10 phone calls, we were told that we had not paid the correct amount and that we were told to pay $6,000.00. That is completely inaccurate and I have the recordings of our conversations as evidence of that.
For this reason, I am requesting everything regarding this mortgage, including all phone recordings pursuant to this qualified written request under Section 6 of the Real Estate
Settlement Procedures Act (RESPA). I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
Should you have any questions, please contact me at the above number or my cell phone at xxx-xxx-xxxx. Otherwise, I look forward to your acknowledgement within 20 days.
With best regards, I am
Very truly yours,