• Report: #547704

Complaint Review: AHMSI - American Home Mortgage Servicing Inc.

  • Submitted: Wed, December 30, 2009
  • Updated: Sat, January 30, 2010

  • Reported By: Karen — Mustang Oklahoma United States of America
AHMSI - American Home Mortgage Servicing Inc.
Internet United States of America

AHMSI - American Home Mortgage Servicing Inc. AHMSI They are charging me Corporate Advance Adjustment fees and not applying my late fees. Internet


*Consumer Suggestion: Get an audit to stop the lies.

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My home loan was sold from Citi to AHMSI. AHMSI did a loan modication which resulted in lowering my interest rate. I never receive a payment statement from AHMSI, letting me know where and how my money was applied. When I am late I have been sending in the late fee which has been over by $8.00 since September 2009. AHMSI is showing that I still owe late fees. I have called them several times about this and get a different story each time. One time AHMSI told me that I owed closing cost and I pointed out that those fees was rolled into my loan as show in my copy of the contract. The latest story is that AHMSI used it to pay "corporate advance adjustment" fees and they informed me that they have every right to charge this. I told AHMSI that I have never heard of this fee and that it is not in my contract. To date AHMSI has taken approx 647.00 in different amounts, such as $59.02, $29.51, $.51, $27.80, $3.80, $468.00 since the beginning of my loan with AHMSI. This month I was forced into retirement and was limited on the money I have. I sent AHMSI the principle, interest, and late fee without the escrow payment. AHMSI told me that I still owe the "whole payment" and that they are holding the money. I checked my account information through their web site and found that they did apply this money. AHMSI is still trying to collect what they call the "whole payment" which includes the escrow account in the amount of $720.00. My payments are only $690.49 if late charge applies, would be a extra fee of $21.51. That only makes the payment $712.00.

What are my rights? What can I do about this? Who do I need to contact about this?

This report was posted on Ripoff Report on 12/30/2009 03:54 PM and is a permanent record located here: http://www.ripoffreport.com/reports/ahmsi-american-home-mortgage-servicing-inc/internet/ahmsi-american-home-mortgage-servicing-inc-ahmsi-they-are-charging-me-corporate-advance-547704. 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 Comment


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

Great suggestion to request an audit, but I do believe the Debt Verification you are suggseting applies to new consumer debts when you, as the alleged debtor, receives the first demand for payment of the alleged debt.  You have a specifed period of time during which you can dispute the debt and demand verification of the debt.  Once you have made a payment towards the debt, you have in fact aacknowledged that you owe the debt.  Making a payment before having disputed the debt voids your ability to disputes the debt afterwards.  This is of partuicular importance with consumer debts as each State has a fixed time period after which a debt is null and void, UNLESS you acknowledge the debt by making a payment, regardless of how small.  Once a payment has been made the clock starts again.  This is a favorate tactic by collection agencies with debts which are about to expire.  If they can get the debtor to make even a small payment, say $10.00, the clock starts again.

I think your situation is one in which you are not disputing that you owe a sum of money, you just like to know how much and for what, especially the so-called "corporate advance adjustment" fee which according to you, is not listed in your closing statement.

Finally, it is my understanding when AHMSI receives a payment which is less then the monthly amount due, they place the funds received into a suspense account until the balance due has been received.  As you have stated, your payment was short the escrow amount due.  Placing the funds into a suspense acount is not the same as crediting your mortgage.  If you wait too long in remitting the escrow amount due you could trigger the start of foreclosure proceedings, something you wish to avoid. Sadly, the only suggestion I can offer is to keep calling - asking to speak to a USA AHMSI Representative and keep demanding a Monthly Statement. As sad as it sounds, call twice a day if you have to.  Paying AHMSI based on what their Rep. tells you is due is bad business. You need documentation - a Monthly Statement. 

Regardless of the State you reside in, all States require that all real estate dealings must be in writing. There is no such thing as a verbal agreementin real estate.  The same applies to the disclosure of all fees due in association with a mortgage.  Perhaps you should have an attorney review your loan papers, including the modification agreement you signed and see if there is a reference to the fee they are demanding from you.  I have a gut feeling this is a fee AHMSI created for themselves.   Not being a licensed mortgage broker, mortgage banker or real estate broker, but being a collection agency, I think AHMSI is not entitled to such a fee.  Have an attorney check it out. 

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#2 Consumer Suggestion

Get an audit to stop the lies.

AUTHOR: nrsrchd - (United States of America)

You have every right to be told and have the facts in your contract.  Any change should have been given to you and you signed and agreed to that. Sounds like they are changing the rule as they go along.  A certified forensic mortgage audit will make them stop changing the rules.  This will also put on hold any action they may take against you.  By this I mean that the paper work is the crime scene and should be treated as such.  There is a company that can provide this including any litigation support paper work that might be necessary should there be violations.  Now the auditing firm that provides these audits has yet to see on with OUT violations.  So where do you go for one of these, Endless Fraud Detection and add a dot com and you will be at the website.  The audit is state and local municipality specific so every law, statute and ordinance is factored in.  Then depending on the violations, either a RESPA letter(Qualified Written Request QWR) or letter of rescission is created.  The QWR is asking for more information and the Fair Debt collection practice act, 15 USC> Chapter 41> subchapter 5> 1692g (b) kicks in. Read it here.
(b) Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
The rescission letter is asking for all money paid in back and to start over.  Not only are going to be able to put ALL the money back into repurchasing the property, you will also add the violation fines, legal fees and other costs to that total.  Then if that amount is more than the cost of the house, they owe you.  If it is less then you renegotiate the difference, say for 1% since they violated laws and now they know you know how to catch their underhanded tactics and wont mess up the  paper work this time. 
Say you paid in 60,000 total which is the principal AND interest you paid, plus fines and other cost like the legal and audit costs total 20,000 and the house is worth 70,000, then they owe you 10,000 and the house is paid for.  Now if the figures are reversed you do the renegotiation.
The litigation support paper work will include all the laws violated and all the case law that supports your causes of action.  Now if your child steals you punish them right, lets treat these mortgage companies like thieving children and spank them, hard.
These guys even have a radio show with links to it at the top of the home page.  The show that is on the rule of law radio network has a client that was talking about his rescission letter on the Dec 17 show.
These mortgage companies are afraid of audits because they may have to pay 11.2 million in damages when they are trying to collect on a 31,000 mortgage. This is what happen in a Texas case, the company is ocwen.  They don't want these things before a jury full of homeowners who may think they have been defrauded as well.  Now lets take this country back one house at a time. 
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