- Report: #460793
Report - Rebuttal - Arbitrate
Complaint Review: America's Servicing Company - Wells Fargo Bank - Lehman Bros. FSB
America's Servicing Company - Wells Fargo Bank - Lehman Bros. FSBP.O.Box 10388 Des Moines, Iowa U.S.A.
America's Servicing Company - Wells Fargo Bank - Lehman Bros., FSB Cheated me out of money, fraudulent charges, 2 years of foreclosure threats, sold house while agreeing to modify loan, eviction notice by Wells Fargo Des Moines Iowa
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Re: America's Servicing Company Consumer Complaint.
Escrow insurance fees have been paid my myself on a Quarterly basis, renewing in September each year, on my properties since I moved to Idaho in 1980. Therefore when I bought the house at *** ***** Road,
*****, ID I was paid up from the date of purchase of March 16, 2006. I continued to pay the insurance costs to my local insurer, Farm Bureau Insurance in ****, Idaho. I sent a letter to ASC from the insurance carrier (included), stating my preference (and proof) to continue paying as I had since I moved to Idaho in 1980.
I had intended and notified the County Assessors Office that if ASC sent them money to let me know because I would pay the taxes through my local assessors office the same way, in lump sums throughout the year, and did pay
$200 of it, in 2007, and $36.00 ASC did not pay in 2008. ASC continued to erratically pay them, late, despite the fact I had a Homestead deduction and ASC's figures were always incorrect. I found inaccurate payments listed on
their web site on my contract, saying they paid more than was correct. They never corrected the false reports.
When ASC let my insurance LAPSE in 2006, I notified my insurer that I would continue as before, paying to Farm Bureau, and for them not to accept payment from ASC. I did the same with the county tax collector's office on the
taxes, because I have a homestead and a circuit breaker tax arrangement so part of my taxes were paid for (and should have been known by ASC). I did not want a duplication of taxes paid as was the insurance in 2006 and 2007.
My contract with Equifirst stated that I can pay the escrow myself and notify ASC, with proof. When ASC declined to respond, as they always did when I wrote to them. Even though half of the insurance was already paid prior to ASC coming on board, they certainly knew there was a continuing policy of property insurance, and that Farm Bureau had made a new policy for me including the house and replacement value included, as well as liability and personal property coverage as part of the purchase price information sent to them by Equifirst. By the way, ASC NEVER sent me any information prior to sending a bill for the takeover of the contract....If Equifirst had not notified me, I would have continued to send them the payments....and been late and charged late fees by
ASC. This could have been the beginning of them attempting to use a non-judgmental opportunity to take my home. I have been involved with many contracts on land and property, and never seen such a manipulated contract. I was never notified that it was a substandard Deed of Trust, by the Realtor, the Title Company or the lenders, all of whom KNEW IT WAS and could have notified me, if they had been honest. This has led to the inability of millions of homeowners losing their homes and the bailouts of the banks, such as WELLS FARGO, who owns ASC, but never offered any help OR ACKNOWLEDGED until early 2009 they were the controllers, so I never had a chance to appeal to them to refinance when they got bailout money from the government. I believe
this is a deliberate intention to mislead and perpetrate fraud or a form of bait and switch contracts on and unknowing public!!
I paid $200.00 on the taxes, and had a Homeowners' property tax reduction for 2007, but ASC paid on it and the insurance anyway. I had the insurance return the check to ASC, stating it was paid by me, so they KNEW the payment was a duplication!! They made no attempt to contact me, which set it up so they could get double payments!! ASC paid the taxes in 2007, but the figures were incorrect and they claimed to have paid more than they actually did. In 2008, due to my inability to work because of incredible stress created by fear of losing my home, and the loss of income due to the recession (depression) created nationally by lender fraud, they paid all but $36 of the amount due, which I paid in January, 2009.
I have asked for an accounting, and ****, my attorney has repeatedly asked for one, but we never have had a response from them. (Like when I asked, begged and pleaded for a modification in 2006 and they said they would but by the time they responded, I was in foreclosure...and the answer was NO.) They continued to refuse to modify my loan throughout the last three years!
I asked ASC for permission to pay the escrow, since it says in my contract I can do so, but they won't because that would do away with there ability to over-charge and charge for late fees...as they certainly have done. Later I did get a letter saying if I was paying my own escrow, my payment increase for adjustable interest raise would be different than the $1545.00, and that would be $1339.00+, which is what I was paying them for interest and principle. ASC STILL never acknowledged my notice of payments for escrow I proved I was paying! They charged $197.00 per month for escrow, raising it to $206 and more, despite the whole cost was about $135 per month, even currently. As values have gone down on property here, it would be considerably less than that today.
In 2008, with all the overpayments, over-charges, and the 6 Chapter 13 payments of $325.00 monthly went to ASC, and the recession in Idaho stopped my non-profit income almost totally, I was unable to continue to pay the taxes and insurance so when ASC paid the insurance I let it go, even though Farm Bureau would have sent the check back if I wanted them to do so, as I had them do in 2007. ASC refused to acknowledge ANY bankruptcy payments whatsoever, however they defaulted my agreement, saying I had missed three payments (figuring from the 1st of the month rather than the 18th as the bankruptcy Judge decreed, and one of the Chapter 13 payments, plus a
lot of interest and late payment fees and penalty charges. This created a change from Chapter 13 to a chapter 7, since my bankruptcy lawyer refused my request to ask the Judge's attention to the default which was unreasonable.
What I NEEDED was a lower interest rate, lower monthly payment total cost, and for ASC to let me pay my own escrow costs (with proof, of course), as the contract clearly states I can. I also need ASC to submit to an accurate audit, as requested, so I can get back the money that I paid on the insurance and taxes, and a starting date for me to pay my own escrow from now on. I certainly do not trust them to do it right, as they never have!!
Furthermore, in the last modification they offered me, they stated on the telephone they would put $999.00 they had in escrow towards the modification, so they can surely use that to put on a REAL modification, if one can be worked out. In that modification, they wanted some $4,700.00 + (I have a contract for exact figures), and then they would raise my monthly payment to $1,705.00+. If I couldn't make $1545.00, this was guaranteed to put me back in foreclosure, which was what their intentions were!!
They also have never responded to requests from me or my lawyer for an audit or given me a credit on the charges they have made in error, nor the excess charges for late fees and interest added on for the payments made
as the Bankruptcy decreed on the 18th of the month rather than the 1st of the month. As I do not get my Social Security payments by the 1st of the month, nor any of my business payments which also are due the first of
the month through the 15th, I am unable to pay ASC before the 1st of the month!!
Another error you is the SIX Thousand Dollars that was added to the foreclosure costs for 2007 where they charged me for an early sale interest penalty on the property, when I did not sell the property.
Before this foreclosure date I had requested ASC to work with a buyer for a pre-foreclosure SALE, and this potential buyer sent them a signed request from me and them to give him information on a short sale, and ASC NEVER responded to his repeated requests, nor his faxes, nor his phone calls, nor did they contact me about our requests.
It was obvious they wanted to foreclose on me and steal the value of the property by repeated sales and foreclosures, as this scam run by lenders is all about, especially for margin buyers or low credit rated buyers, who are mostly minorities or women like myself, or people losing their homes because of a handicap or illness or loss of income, as I have had rather than work with the original buyer to help them keep the home, even if they pay extra to do it!!
I also was NOT NOTIFIED IN PERSON for any of the Sales that have been scheduled by Northwest Trustee, for ASC, except the very first one in 2007, mailed to the mail box . All of the others, including the last one I never knew about on the 16th of January, and the 13th of February, 2009, there was NO POSTING, no calls, nothing.
The only notices I ever received were FIVE (5) UNDATED mailed notices to JOHN DOE **** and JANE DOE *****, sent to my address mail box (NOT HOUSE), and PO Box in Pocatello, which I received several weeks late, since I rely on others to get my mail as I am wheelchair bound!! During this period of time I never heard from ASC, no letters, no calls, no warnings, as there was in 2006 and 2007. I don't think this is truly a LEGAL NOTICE.
The next thing that I think is important is the statement from the Northwest Trustee person I called in January 2009 when I ACCIDENTALLY FOUND OUT about the foreclosure the day before when a man stopped by the house to inquire if he could buy the house since it was up for sale on the 17th (and when I called Northwest Trustee and they said they could do nothing, I had to call ASC to change the sale date). When I called ASC and asked them to give me time to negotiate and asked them to respond, they said they COULD cancel the sale with 10 MINUTES to the sale time!! They did cancel that sale at the last minute, but never offered me another modification as I requested! Later they said it was MY RESPONSIBILITY to offer a new modification (I was never told that, and I never found it in the contract!) Northwest told me there was a bid coming in on the house as we spoke on the phone. I asked what it was and he said it is 85% of the sale price of $178+Thousand Dollars
That figures out to be $151,000.00, which was a bid from Lehman Bros.I believe is a bid by ASC (or their agent) so the property would not be sold out from their interests........meaning what the current actual value of the house is on a down market.
No real buyer would put in a bid like that, (other than the lien holder.) They would just show up and bid the lowest possible bid...like maybe 50 or 75 thousand. I personally know people who speculate on these sales in just this method. So, if this is the true value of the property (and that IS the figure on my assessors values sheet 151 improvements, why should I pay more than that on a bailout, since that is probably what the value really is today and not inflated as it was in 2005 when it was up for sale????
I understand that Idaho has a rescind clause in the statutes allowing acreage property to be re-purchased by the previous owner within a year of the sale if they repay the costs spent by the buyers at the foreclosure. Several people have told me this and I hoped to purchase the property back since I believe that this was an illegal sale due to fraud and unfair business practices and taking advantage of minorities and handicapped people (who I KNOW can get redress for being cheated by consumer fraud and there are high penalties associated with this unfair practices against the elderly or handicapped who simply cannot get legal help because they can't pay an attorney. I was rejected by the legal aid when I asked for help because the attorneys had too many cases. I was qualified, and I know that they had applied for funds to help elderly and handicapped to fight unfair foreclosures. I had been told I was eligible for a 20% down payment with no repayment if I kept the house, and the current rate the government suggested was reasonable enough to cut down the payments so I could afford them. I am extremely frugal in expenses and have no credit cards, or poor spending habits, because I have always intended to help people who had little or no funds for non-profit ***** services. I have never had a salary as such, nor does my son who volunteers billing services because there is no money to pay someone a salary.
The problem with this is I do not know whether the lender' is ASC, or Wells Fargo, or the second buyer Lehman Brothers, who went bankrupt in 2006. I had understood it was returned to the lender, but now ASC claims Lehman Brothers paid cash for it.....how is that possible if they are in a bankruptcy?? I have the legal papers for this as well. I did not find out who bought the property until 2009 when I called Equifirst and asked who bought it and they told me they had no phone number listed for Lehman Brothers, so I couldn't call them to try to get help from my Lender as suggested by all the people I called or asked online sources. Isn't that illegal to with-hold information necessary to contact the owner? Again, it doesn't sound like good business practices at the very least, and I feel this shows their contempt for owners who won't leave to make it easy to cheat them.
I have heard a number of comments in the news that the huge numbers of bankruptcies and foreclosures were the deliberate attempts of big lenders to create another market they knew would take advantage of the American
The current insult is the SALE of my property in February, for which I had no real notice, as usual My lawyer called the local sale office on Monday before the sale on the 13th and there WAS NO NOTICE OF SALE LISTED. (About three weeks later I was notified Lehman Bros. had bought the home and later they sued for eviction, which I am still fighting. I have a 60 day stay but desperately need to get an attorney to file suit for fraud,and all the other claims I have.).
I had been was concerned because I had no letter in answer to my repeated requests for a modification, including a request by HOPE NOW (initiated BY a request from ASC), in which they recommended a serious modification (see letter from them for details), and which ASC never acknowledged and then rejected.
When I called HOPE NOW back to ask for help they simply said ASC was UNDER NO OBLIGATION to negotiate, even though ASC had listed my name for them to contact. In checking up on HOPE NOW, in most cases those modification
suggestions were rarely accepted by the lenders! That helper for HOPE NOW was insulting and suggested I move, regardless of the fact I am 75, have no place to go, cannot pay rent and deposit, and I have a handicapped 56
year old son living with me who has no income, but helps me get around. She was aware that my and my son's health has deteriorated and I am mostly bed to chair bound the last 6 months and have help coming in 3 times a week to
help me dress, bathe and move around to exercise. She said I should consider moving to a nursing home!! If I did that I would lose my non-profit, part time home business, which helps to make ends meet on my limited income, as well as help my son pay medical expenses and other costs since he has no insurance, and has been rejected for state help.
I am sure that many people have had major psychological problems, because of the greed to make all the money they can no matter who gets hurt. One 91 year old woman shot herself in her anguish over a threatened eviction! They gave her the house to live until she died a more natural death!! I offered to pay rent until I could re-purchase, but Wells Fargo rejected that, along with every other offer I made to modify my loan. They said I had no equity (I put $10,000.00 down) for a reverse mortgage.
The more they get away with it legal fraud (because we have no bailout funds for lawyers to go to court) the worse it gets for the people who can't fight back because they have relatively little money live on or to fight.
Another part of this insult is when the new owner took over the contract for the property, the insurance I HAD was voided, and I lost my coverage for liability and personal property as well if there was a fire or casualty. Another clause in the eviction notice I am fighting is that the original owner gave inacurate information on the truth in condition of the house, so the new owner is trying to make ME responsible for the first owners' dishonesty.
THIS MESS NEEDS TO BE SEEN IN COURT!!!! by a Judge disgusted by the BS perpetrated on the people in this country who have already lost their homes!! In 2007 I found record of some 395 who complained to BBB or one of the scam sites on the Internet, only a few of which were satisfied with the arrangements. I left my e-mail address for anyone who wanted to get together and start a class action suit, but got no responses because people were leery of fighting the fight and losing money in the process. I called DOZENS of lawyers to get a case filed but no one would take it because it was too cumbersome or would take too much time or whatever. I was eligible for county attorney help but they had too many cases to take mine!! Maybe when the Idaho State Attorney General's consumer protection office files on the illegal behaviors it will open up hope for those who have no help in protecting themselves and wind up on the street or homeless. An attorney in California sent me a case file to copy if I had to file myself (no attorney), which he says is successful in winning cases, but I would have to identify applicable Idaho statutes to use it. Any information I have not included, please let me know and I will send it. I can prove my case!!!
If you have advice for finding an attorney who will fight this to get my money or my house back, please let me know as well!! I know there are hundreds more complaints in both Idaho (there IS a state case pending, but that doesn't help us...the victims get any returns) and in the USA than when I first filed this case with Ripoff Report.
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This report was posted on Ripoff Report on 06/11/2009 02:38 PM and is a permanent record located here: http://www.ripoffreport.com/r/Americas-Servicing-Company-Wells-Fargo-Bank-Lehman-Bros-FSB/Des-Moines-Iowa-50306-5014/Americas-Servicing-Company-Wells-Fargo-Bank-Lehman-Bros-FSB-Cheated-me-out-of-money-460793. 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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