American Home Mortgage Servicing Escrow Mismanagement, Incompetency, Attempt to Foreclose on Borrower with perfect payment record Irving Texas

An outline of my issue with American Home Mortgage Servicing, as I understand it is as follows. Below my explanation are 3 important emails between Kerry Phillips, the paralegal from American Home Mortgage Servicing who is supposedly handling my case, and my Miami Attorney, Steven Cronig, who was working pro bono as a favor to me since he and I are friends. As you will see by the last email dated Tuesday, February 24, ZC Sterling, acting on behalf of American Home Mortgage, erroneously made an extra tax payment in January of 2008 to the city of New Orleans.

The result of this double payment was a letter I received in May of 2008 informing me that my escrow was now deficient and would be reconfigured for an additional $1200 approximately. How this figure was arrived at, I have no idea. The result of this erroneous reconfiguration meant that I would be expected to make a mortgage payment of about $3200 dollars per month. My original mortgage amount was $2030.21 and this amount had always been sufficient to cover the escrow for insurance and taxes since I purchased this property at 1200 Short Street, New Orleans, 70118, in 2005.

I should tell you that I have a second mortgage with AHMSI and make a payment of about $641 on that mortgage, which I have never been late on. When it came to my attention that this mistake had been made I called AHMSI on May 13, 2008 and was told by Marie Edwards in their tax department as well as by Allison Bishop, a supervisor, that I could continue to make my normal mortgage payments until AHMSI had recouped their money from the city of New Orleans. Only then, I was told, would my mortgage be set back to its original amount. I was also told that my credit would be suppressed to protect my credit rating since I would be paying an amount that did not correspond to their incorrect monthly statements.

Shortly thereafter I began getting debt collection calls from AHMSI. These continued with varying degrees of frequency for this past year. During that time I repeatedly called AHMSI to try to resolve this issue and was told repeatedly by their tax people that there was nothing they could do. I then got copies of my credit report and found out that I had been reported late on Equifax and Experian and to this date I still show late payments for June and August 2008 with Equifax. My credit has not been suppressed as I'd been promised and the debt collection calls continue.

Several months ago I'd had enough and contacted a friend and real estate attorney here in Miami, Steven Cronig (see his email to Kerry Phillips below). As a result of Steven's threats my mortgage has finally been set back to close to its original amount. Now, unfortunately, I am getting calls from debt collectors again and have received at least two letters threatening me with foreclosure, the latest, dated April 3rd from Dean Morris of Monroe Louisiana, tel: 318 388-1440. My credit report is still blemished as far as I can tell and AHMSI contends that I am simultaneously in possession of a $3000 est. escrow credit and owe AHMSI approx. $9000.

How this is possible no one has bothered to explain to me. They also contend that I am delinquent since November of 2008. I have never missed a payment on my mortgage in 4 years. My escrow account was established as most homeowners have them established and those amounts were and are sufficient to cover my taxes and insurance which have remained fairly constant. How it would be possible for me to owe any monies to AHMSI when I have never missed a payment has also not been explained to me. I have always had exemplary credit. AHMSI has violated the Fair Credit Reporting Act and were negligent in paying my 07 taxes, which remained delinquent until 2008 when they made, through ZC Sterling, an error in payment that has not been rectified in nearly a year.

Despite the fact that the overpayment was approximately $4300, AHMSI added over $1100 to my original escrow amount to come up with their erroneous mortgage payment of approximately $3200. This has never been adequately explained. I am an honest, law-abiding citizen and I have had to deal with this issue and this staggering amount of incompetency for 11 months. I am tired of fighting AHMSI. I have wasted countless hours on the phone. I have sent emails. I have talked to lawyers. I have had to listen to debt collectors over and over again. I have never received a written explanation of my situation from AHSMI or an apology for their countless mistakes and ineptitude, not to mention the many violations of the Fair Credit Reporting Act they are guilty of.

Accordingly, as the holder of a tax escrow, AHM is legally obligated to make sure tax payments are timely made and may not: (i) collect additional escrow amounts occasioned by its own mistakes; or (ii) declare a loan to be in default while an escrow account is in dispute if undisputed amounts remain currently paid; or (iii) report payment delinquencies or defaults due to any escrow dispute. AHM has violated each of the above subcategories. They were delinquent in paying my 2007 taxes from escrow. They tried to collect additional escrow amounts occasioned by their own mistakes and they have declared me in default though my escrow is in dispute and I have continued to make regular mortgage payments.

In 11 months I received one phone call from AHMSI, that from Amy Jasman about a month ago. During this conversation she had no idea I'd continued to make my regular mortgage payments and contended that I was in default since November of 2008 as substantiated by Kerry Phillips' email dated Tuesday, February 24, 2009. Needless to say this is yet another error since I have never missed a payment on either of my mortgages since their inception, even during Hurricane Katrina. I have tried to contact Kerry Phillips repeatedly but have never received a phone call from her. The only person I have been able to speak with at AHMSI about my case is Amy Jasman, who works with Ms. Phillips.

Sincerely,

Michael
Miami, Florida
U.S.A.

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