I have been trying to resolve a problem that was created to me by GMAC back in August 2004 when GMAC took over the servicing of our loan from Countrywide. Now my home is being FORECLOSED ON and I blame GMAC for helping me get to this level.
This is one of a mountain of letters and faxes that I have sent over the years to GMAC. I have placed many countless phone calls and got no where. I have sent certified letters with no response. My certified letters to Waterloo, IA get stamped by Bob Smedley but I dont believe that they get anywhere past the mailroom.
I have sent faxes to GMAC many, many times over but have yet to deal with an individual who can take the time to help or even understand my situation. Most recently I have been working a GMAC Complaint Response Analyst. She has been trying to be the in between person with myself and the Loss Mitigation dept. I have no complaints at this time about her, who I believe at this time is trying to help me.
However, in my opinion, the Loss Mitigation Dept. has the worst customer service representatives, least knowledgeable with the most pathetic customer relation skills that I have ever encountered in my whole entire life. Loss Mitigation tells me that they are not in the position to help me research my account.
I am also told that if I can reinstate my account that my monthly payment would be increased further between $1400. - $2000. per month on top of my current monthly mortgage payment. Which by the way, my fixed rate monthly mortgage payment has gone up and down in the last 3 years. It is now up again over $200. from the initial monthly payment we started with back in Feb. 2004.
Secondly, the GMAC Insurance Dept. that because of them this whole mess was created in the first place. I am still waiting to hear back from the Customer Care dept. that last month sent me a letter telling me that my account is being looked into. They were responding to my letter but I never got another word from them.
This all began when GMAC first was lax on paying my taxes and I received a delinquent tax notice, and then GMAC didnt respond to my phones, faxes and letters telling them that my Homeowners insurance would be cancelled. I have correspondence and notes to prove my whole story.
We would like an accurate analysis of what is actually due to GMAC. We have requested a proper analysis over and over but have never been granted our request for an analysis. I am requesting that our mortgage account be reviewed and credited properly. We would like the outcome of this Loss Mitigation Analysis to be provided to us in writing.
I am asking to get the insurance debacle resolved which has harmed our family, given us no peace of mind for the last three years, its created a stressful situation and caused our account to be overcharged with fees and surcharges along with our payments and credits not properly accounted to our mortgage.
Our home should never have been placed in foreclosure in the first place. GMAC ALLOWED OUR HOMEOWNERS INSURANCE TO CANCEL. It was the fault of GMAC from the beginning. GMAC advised us that the account was under investigation and on "HOLD" from foreclosure back in September 6, 2006 by their, Client Relations Consultant, Voice of the Customer GMAC. She said we would receive the results of this investigation but never did. Then a $4,000.00 check was immediately returned to us just days later and the foreclosure process began.
As of October 20, 2006, the NJ Commission of Banking and Insurance was able to assist and got GMAC to place the foreclosure proceedings on our home were placed on hold due to this pending investigation while we try to work with the Loss Mitigation dept. We begin submitting a variety of financial information and applications to the GMAC Loss Mitigation dept. immediately.
We received a phone call from Nick from the Loss Mitigation dept. in the afternoon of January 30, 2007. He proceeded to tell me that their analysis was complete and that we cannot afford our property. He indicated that we needed to submit to GMAC $11,400.00 in order to work out any re-payment arrangements. But he wasn't able to give us any further information, any details or any other individual to speak to in that dept. He said that someone would get back to us but never did.
I placed numerous phone calls that got no where, many faxes that went unanswered and a various number of certified letters from January 30, 200 to April 1, 2007 sent to Loss Mitigation. January 30, 2007 was the last time we heard from GMAC, until I got a recorded phone call from GMAC the last week of March 2007 which I returned on April 2, 2007. Then out of the blue we got an April 13, 2007 letter from the GMAC attorney telling us that our foreclosure was back on.
GMAC is in violation of Section 6 RESPA by not supplying us with a proper accounting and written analysis of all the documentation we submitted to GMAC October 2006 December 2006. There are a number of credits due to the insurance mess and payments I feel don't truly reflect the status of our account.
I believe that we are being victimized by GMACs predatory servicing practices. The loan we committed to pay on February 12, 2004 was initially with American Home Mortgage, was then sold to Columbia National Incorporated, then sold to Countrywide Home loans, then finally to GMAC, August 2004. All in a span of six months.
This loan is a Conventional Mortgage Loan which doesnt adhere to the same guidelines as a FHA or a VA loan. We currently have about equity in our home we purchased in June 1998. Our type of loan is not insured by any government agency. It is far easier for GMAC to brazenly pick on us without having to conform to certain government standards.
I have just submitted a letter to Mr. David M. Applegate, GMAC President of Residential Finance to see if somehow I can get someone competent enough to help us fix this mess that GMAC started.
Wall, New Jersey
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