• Report: #547579

Complaint Review: GMAC MORTGAGE

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  • Submitted: Wed, December 30, 2009
  • Updated: Mon, January 25, 2010

  • Reported By: Andrea — Paso Robles California United States of America
GMAC MORTGAGE
3451 Hammond Avenue Wateroll, Indiana United States of America

GMAC MORTGAGE Affordable Housing Scam Wateroll Indiana

*Consumer Suggestion: Make them prove they are the real party in interest

*Consumer Suggestion: The usual run around before dropping the hammer

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We are a family of 5 and we are trying to keep our home. Our lender GMAC sent us information regarding the "Affordable Home Program". My husband Matt and I signed up/filled out the paperwork and were guaranteed for the 3 month trial period our mortgage would be $1200 instead of the usual $2000 while being evaluated for the program. We were denied the program for sending in a payment 12 hours early (the conditions stated the payments were to be made on the due date and not before). Prior to signing up for the program Matt, who is a self-employed landscape contractor, had worked 28 12 hour days straight to get us caught up in our payments. We had the money to get our payments current. Now that we have been denied the program, GMAC is requiring that we repay the $2400 that we "underpaid" for the 3 month trial period, $300+ in fees accrued for non payment (according to GMAC we are 2 months behind in payments) as well as our current $2000 mortgage or they will foreclose on our home. We don't have the additional money and we feel duped. They are currently calling us everyday, sending default letters and threatening to foreclose on our home if we do not come up with the money. We have both spent hours on the phone with GMAC trying to get this matter cleared up to no avail and are in fear of loosing our home as many of our friends already have.

This report was posted on Ripoff Report on 12/30/2009 01:07 PM and is a permanent record located here: http://www.ripoffreport.com/r/GMAC-MORTGAGE/Wateroll-Indiana-/GMAC-MORTGAGE-Affordable-Housing-Scam-Wateroll-Indiana-547579. 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

Make them prove they are the real party in interest

AUTHOR: nrsrchd - (United States of America)

Sorry about your situation and your friends.  If your friends have lost their homes and there was fraud in their mortgages, they may be eligible for triple damages because they have suffered a loss due to fraud.  They may not be able to get the house back if someone is already in it, but they could be owed damages. Then the people in the home might want to check their mortgage a well if they bought property that was taken illegally.  Now if you are still in your home you can put the foreclosure process on hold long enough to check your mortgage for fraud.  How will you find the fraud, in the paper work.  The paper work will be where the fraud will be found and needs to be treated like a crime scene.  When a crime is committed a forensic specialist is called in.  There are such people for mortgages and endlessfrauddetection.com can provide just that.  The will have a state and local municipality specific certified forensic mortgage audit done from all your paper work including any mail received threatening foreclosure.  They can provide just what you need to show the judge.  You will get a complete audit, a RESPA letter asking for more information or a letter of rescission depending on the violations found.  The rescission letter will be asking for all you have paid in back.  Then add the fines for the violations, audit fees, legal fees, and if that adds up to more than the cost of the house then the mortgage company owes you, not the other way around.  Now if the difference is less than the cost of the house then you renegotiate the difference for a really low interest rate as they violated the law(s).  Now that they know you know how to check up on them they will make sure the paper work is correct but be careful of language that may suggest you can not go back and sue later if you find fraud again.  This is what the "obama plan" does.  It has convoluted language that does not allow you to go back and sue if you find fraud.  So much for helping America. 
They also can provide the litigation paperwork support that your lawyer will just love as 90% of his work is done for him. Now all you do is pay him by the hour or on contingency which ever you can work out.  The paperwork will include all the causes of action and supporting case law as well as all the laws violated.
Endless Fraud Detection even has a radio show with links at the top of their web page.  They had a client on the rule of law radio network on Dec 17 that was talking about going through the rescission process.  His mortgage had 17 violations and 11 of them were rescindable but it only takes one.  My  question is why modify, refinance or sell something that could contain fraud?  Don't let them steal another home, yours or your friends. 

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#2 Consumer Suggestion

The usual run around before dropping the hammer

AUTHOR: nrsrchd - (United States of America)

Sorry to hear about your situation as well as that of your friends.  It is called predatory lending and they may be a victim as well.  If they have already lost their homes, then your friends may have triple damages coming as they have suffered a loss due to fraud.  There is a company that can help put a stop to the fraud as well as temporarily stop the foreclosure until the issue of fraud is resolved.  The way you are going to find the fraud is to have a certified forensic mortgage audit.  Since the chance for fraud in very high then the paper work should be treated like a crime scene and investigated as such. The company that can provide you with a certified forensic audit is Endless Fraud Detection, just add a dot com and you will find the website.  On the site they have a link that goes over everything the audit looks for and it is extensive. They can provide the complete audit as well as the litigation support paper work that any lawyer will appreciate as it so thorough 90% of his work is done. All he has to do is file the complaint, wait for the phone to ring with them asking how much to make you go away.  From there all he has to do is tell them read our prayer for relief, that is what will make us go away.  With that much work already done for him you can hire him by the hour or on contingency which ever you can work out.  This paper work is created by lawyers for lawyers.  
Now what will this include, a complete audit of all the paper work, and then either create a RESPA letter or a letter of rescission.  The RESPA letter is asking for more information while the letter of rescission will ask for all money paid in back.  Now add all the fines from the violations to the amount paid in and if it is more than the cost of the house they owe you a check.  If not the you will need to renegotiate the difference for a really low interest rate, say 1% because they were very bad and need to be spanked like any child that has stolen a candy bar.  Now that they know you know how to check their work they will be reluctant to pull the same thing again on paper, just make sure it does not give away to right to sue again should you find fraud again.   That is what he "obama plan" does, you give up your right to sue if you find fraud later.  This is how they are trying to cover up the poop they have place in the sand box called America and hope we don't smell it.  Well we smell it and when we find it we need to throw it in their sand box, their bail out money. 
The paper work is state and local municipality specific so nothing is left out.  These guys go for every thing they can find and work hard to make sure they keep up with all laws.  The ligation support paper work is so complete your lawyers it will raise his eyebrows when he reads what was placed in front of him and want to know how he can get in on this program.  It includes all the supporting case law as well as all the laws violated.  Once the mortgage company reads your complaint they will be calling to see what it will take to get you to go away as they will try to offer less than the prayer for relief so remind them, see you in court.  This may happen a few times until they see you will accept nothing less than what is in the prayer for relief.  Like the Ocwen case in Texas, they tried to foreclose on a 31,000 note and ended up paying the home owner 11.2 million dollars.  They do not want these in front of a jury of home owners that might think they have been screwed as well. 
They even have a radio show with links at the top of the home page.  The Dec 17 show on the rule of law radio network has one of their clients talking about his letter to rescind and how he is waiting to complete the process.  Now, when your child steals you punish him, right?  Have not these companies stolen from us by securitizing the mortgage when we sign it, and then selling it in bundles to security pools, have they not given up their ownership of the note?  Yes and now the "real party in interest" is the one that has the right to foreclose, not the mortgage company.  Now finding the "RPII" is not that easy as  many times the chain of custody can not be completed due to poor record keeping.  Now if it is found that one person owns the note and someone else owns the security interest, oops, that is illegal as both must remain together to be enforceable. This is one of the things the audit will look for, the one who owns the note and security instrument.  If the below link is not complete then just search for this case.  Landmark National Bank v. Kesler, 2009.
http://www.globalresearch.ca/index.php?context=va&aid=15324
Now that we have remedy available we need to use it to take back this country from the greedy bankers.  They are destroying this country as well as the world by trying to control everything.  We out number them so why are they getting away with this?  Because too many people do not realize the situation and those that do are not usually aware they have remedy.  Now lets take this country back one house at a time. Then we can save the rest of the world. 

nrsrchd

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