EMC Mortgage ripoff EMC foreclosed while negotiating new loan Irving Texas

We fell behind in our payments when we were both unemployed at same time and forced to file bankruptcy to save house. We had been having billing and payment applications issues with EMC for years including amount disclosed in BK. Long story short we were forced to sign foreberance aggreements and tender $25,000 and $15,000 payments to reinstate loan.

To this date (5yrs later)they cannot supply me with adequate statements as to how they applied these payments. Statements, letters, history reports, etc. all showed different amounts due. In most of these documents the past due amount and principal balance were not reduced (owed $40,000 before and $40,000 after these payments).

We were working on refinancing with another lender with communcations between us, EMC and new lender regarding discrepencies in EMC's pay off amount, which took 3 months to obtain. EMC new we had prelim approval and an escrow # from new lender. Phone conference set up for 10 am to discuss EMC's latest pay off amount (aprox $20,000 over stated). EMC didn't accept agreed upon call until 4 hrs later (2 pm) at which time they informed us that they sold our house at 10 am that morning at a price of aprox $250,000 below our current appraisal.

We are currently in litigation against them filed in Sanata Clara County of Calif. and is scheduled for mediation 1/19/06. Any information, documentation, support or assistance you have to offer will be greatly appreciated and if we can be of any help to to you let us know.

Jeffrey and lydia
Morgan Hill, California
U.S.A.