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Report: #156241

Complaint Review: EMC Mortgage Corporation - Irving Texas

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  • Reported By: Palm Beach Gardens Florida
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  • EMC Mortgage Corporation 909 Hidden Ridge Drive, Suite 200 Irving, Texas U.S.A.

EMC Mortgage Corporation Terrorist Mortgage Company's damage to Hurricane Victims far more devastating than storm itself! Ripoff Irving Texas

*Consumer Comment: Can answer part of that...

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Our difficulties began as a direct result of last year's hurricanes Frances and Jeanne, with my husband losing 4 weeks of work and my home based business also taking a loss, in addition to unexpected expenses relating to the storms.

Immediately after the storms, we called our mortgage company, EMC Mortgage to ask for a deferment of our mortgage payment due to the storms. They told us that they would go ahead and do it. However after receiving nothing in the mail, our statement arrived and showed us 2 months behind. We called EMC numerous times to eventually find out that they never granted the deferment, denied any knowledge of anyone at their company saying that they would, and wouldn't consider doing so now. In the meantime, our homeowners' insurance company sent us a check for approx. $19,000.00 to cover the damages we sustained from the storms. The check was made payable to us and EMC mortgage. When I called EMC to find out how to process the check, they told me to endorse it and sent it to them, which we did. When we asked EMC when they would send us our funds, they told us that they would not because we were in arrears on our payments--but if we would just make 1 more payment that they would release the funds. This happened several times where we did what we said what we would do and EMC didn't. When we did get current, then they told us that they would only release the funds to a contractor and not to us--even though we told them that we would be making the repairs ourselves as my husband has significant experience in the home repair/improvement industry.

So from October 2004 to May 2005, we were making payments but had several times been behind 60 days (due to the deferment issue). Since Dec 2004, we had been trying to refinance the mortgage but couldn't because of the 60 day late EMC kept reporting on us(catch 22) which sent our credit scores plummeting. So I asked EMC what we could do to have us be considered current (so that we had the hope of being able to refinance). They set us up on a forbearance plan, and told me that we would then be considered current as I told them that we were trying to refinance. So we verbally agreed to that, and then I asked again for our insurance check which their insurance department said that as long as we showed current on their system they would remit but only to a contractor OR to us and a supplies provider (the story changes again). We did not show current yet, so we called back a few days later, got yet another representative who looked up our account and said that because of the forbearance plan, we would not be considered current until May 2006!!!

Frustrated, we realized that we had no hope of resolving things with EMC and as they had already been threatening foreclosure, decided that our only option was to sell although we did not want to leave our home. We called EMC and let them know that we have placed the house on the market with a realtor, and asked that they not foreclose on us knowing that the house would likely sell within 30-60 days. They agreed and while we asked, they would not send us anything in writing. Now they have started foreclosure proceedings. Surprise, surprise.

We have spoken to several attorneys who have said that EMC has grossly mishandled our case and what they have done to us is civil theft. How ridiculous is that--beginning foreclosure proceedings while they continue to withhold almost $20,000.00 of our money! A Class Action Suit is definitely in ordersign me up. EMC Mortgage and companies who operate like them are an embarrassment to America. But more importantly, they make good taxpaying citizens realize that there are no terrorists quite as devastating as the ones right under our noses here at home.

Yolanda
Palm Beach Gardens, Florida
U.S.A.

This report was posted on Ripoff Report on 09/07/2005 10:50 AM and is a permanent record located here: https://www.ripoffreport.com/reports/emc-mortgage-corporation/irving-texas-75039/emc-mortgage-corporation-terrorist-mortgage-companys-damage-to-hurricane-victims-far-more-156241. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

Can answer part of that...

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

POSTED: Wednesday, September 07, 2005

Refusing to release the funds to you is not unusual. While you or your husband may be quite willing and able to do the repairs, the mortgage company is still technically the owner of the house and can demand that repairs be done by a licensed contractor. After all, if they release the funds to you, some bad wiring is put in.. You're not licensed and bonded... House burns down... Or, they could give you the money and you never have it fixed, go into default... That's for their protection, and nothing you can do about that. Same thing if you have a car accident. Insurance company will write the check to you and the title holder (creditor). That insures that the money is spent to repair the vehicle.


As for the first of your problems. I certainly sympathize with you on that. I have relatives who have a different company who were told one thing by one person and then something different by another.. Promises made, not kept, denied. Seems to be a pretty common occurance with all mortgage companies. The best advice I can give is that you must document every conversation you have with them. Get names, write down everything said, ask for their permission to record the conversation. It sucks, but outside of that all you have is "he said, she said" and you're going to lose that battle every time. Not that it's right, but you're going to lose.

And when you refinance... The new company won't be better than the current one. Don't trust them, don't believe them. Get it in writing, get it on tape. I think SOME of the employees will say anything to get you off the phone.

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