America's Servicing Company Fraudulent mortgage interest kiting unresponsive lies Des Moines Iowa

Dear Sirs,

I am enclosing a history of my on-going conflict with America's Servicing Company, a subsidiary of Wells Fargo Bank, over my property at 4960 Hawthorne Road, Chubbuck, Idaho 83202-2222. I have called them, begged them, pleaded with them, to no avail. They put money I send them into a suspense account and it eventually gets listed as a partial payment. It is untraceable for the most part, but certainly winds up getting them more and more interest. They now have lied to the court and said I was three months behind, so got the case released to file foreclosure. I was one month behind at that point and am now 2 months behind. The charges they have added on for the 1st forecloseure have NEVER been verified, so I have no idea what I truely owe them. Interestingly, since then I have had NO response from them NO filing of foreclosure, and the only mail I have received is a request from HOPE NOW, asking me to respond as ASC has me listed as needing their services.

I purchased my home in March of 2006, with a healthy down payment, and the reason I had to use a sub-prime loan is because my income is irregular and I am non-profit. My loan was sold after a few months (bundled for selling for a greater profit, I learned), and I was the loser. ASC kept refusing my interest and principle payment of $1339.+ and demanded $1545.+ which was the price for escrow, despite the fact I PAID my own insurance and taxes for the escrow. The reason? They let my insurance LAPSE when they should have paid it and they paid LATE on the taxes. They make a bunch of money extra over and above the true cost of the insurance and the taxes, so they kept the rest and never refunded the extra amount, despite the fact they said they would refund the overage (Lie #1). Then, when I fell behind I asked if they would take a partial payment, No, only if I was on time in my payments. Then I asked if they would accept the $1339., NO, only the full escrow. Even AFTER I proved I PAID the insurance and taxes they still would not accept it despite the fact my original loan says they will if I proved I paid the insurance and taxes. Years later they slipped up in a letter concerning the adjusted payment going up and said if you pay the insurance and taxes, your interest/principle payment will be ($). Even after that they sent me letters saying they would NEVER accept payment without escrow included.

When I was late, I asked them to let me make partial payments, NO, could I have a loan modification, NO, I had to be 120 days late, so I waited and then I asked for a loan modification, they said yes, if I could pay $3,159.+ ( unsure of the amounts) in two months and $3,000.+ two months after and until I got caught up. And to never get behind on the payments. I said I get paid irregularly and cannot say I could make those payments and be truthful, they said if you don't take the modification we will foreclose. I said let me see, you say that if I lie and say I will make those payments, even though I know I can't, you will accept the modicication...meaning you WANT me to lie to get the modification? The answer was whatever yiu say we will accept, just don't break the agreement. So I said OK I will make the agreement, to keep out of foreclosure. Of course I did not get enough money coming in and so was out of luck.

Finally, they put me in foreclosure after I had begged and pleaded to pay part of what I owed, asked for mediation (and got a rejection a month and a half later after they filed for foreclosure). They sent me all kinds of letters saying they would help and rejected anything I offered. To keep my house (I am 74, on social security, and disabled, and a minority single female), I filed Bankruptcy to get their attention, as well as a lawyer to help. That did no good as they never returned the lawyer's requests for an accounting of payments they put on SUSPENSE rather than deducted from my account. I should have been pretty even after paying an extra $420. per month to the trustee, on top of the regular payments I made, but they kept adding on interest on top of interest, and my total grew instead of falling. At 9.1% interest, that is a bunch!! I had to agree to a 'drop dead' contract to allow them to file for foreclosure if I missed payments again, so in order to screw me over the lawyer they hired to deal with me filed before I had missed a payment, so they said I was in default when I was barely one month behind. I proved to my lawyer that I had paid the first month they claimed they didn't get, but it was listed on their online account as in 'suspence'.

I had chosen to pay by mail with a signed receipt as the telephone payments cost $20.00 extra, AND THEY REFUSED TO TAKE THE $1339. without the extra escrow, no matter what I said. They also charged me $60. extra because they said I was late even after the Bankruptcy Judge changed the payment date to the 18th instead of the 1st of the month. (Gee, they don't recognize a Judge's legal decision?????) My lawyer said not to pay them anything until they give me an accurate accounting so, I will be back in foreclosure pretty soon. I am filing state and federal fraud complaints against them and will also file interstate fraud by mail as well, and have recommend ed that everyone else, who is being cheated this way, do likewise. I think some people back east have the right idea as well, and that is to picket Wells Fargo Bank in your town, since they OWN ASC, as well as several other HIGH interest rate lending companies, they don't bother letting us know about.

By the way, I talked to Wells Fargo when they called to see if I wanted to do a reverse mortgage, but they said I had no interest in the house....I put $18,000.00 DOWN!!!

I think if enough of these victims fight back AND file a class action suit against them for fraud (and refunds and penalties) they won't treat us like dirt anymore. I am willing to spearhead the 'find a lawyer' routine for people want to join in. I am actively seeking a lawyer, but if you know of one you think will take the case, let me know as well.

Lori
Chubbuck, Idaho
U.S.A.