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Report: #812339

Complaint Review: GMAC Mortgage Company - Loxahatchee Florida

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  • Reported By: Simone — Loxahatchee Florida United States of America
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  • GMAC Mortgage Company 16433 East Glasgow Drive Loxahatchee, Florida United States of America

GMAC Mortgage Company Formerly Homecoming Not reporting payments in a timely manner, in order to assess late fees and cause mortgage default. Loxahatchee, Florida

*Consumer Comment: Sue them

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Two years ago GMAC began a process of erroneously processing my mortgage payments; repeatedly not applying payments as they were received. Despite resorting to sending payments electronically in order to confirm immediate receipt of payments, and/or sending payments by certified mail, payments were applied several days after funds were verified to have been paid through my bank.

After tireless and futile efforts to have errors corrected by their customer service, and meanwhile being forced to pay higher and higher amounts attributed to "late fees" while GMAC "did research on the problem," I found out that my home was facing foreclosure. The attorney representing GMAC, David J. Stern, who was later indicted for major and widespread improprieties in similar actions against homeowners on behalf of GMAC, served papers to my house which were in actuality served to someone who was staying at my house while I was out of town. As a result, due to the imminent threat of being put out of my home i was forced to enter into a loss mitigation arrangement with GMAC which would "prevent foreclosure." A substantial portion of the enormous sum which this mitigation involved (more than $2,000) was for attorneys fees and also for an appraisal. To illustrate the mismanagement of this process, since this action was initiated, I have repeatedly requested from GMAC a copy of even the appraisal to which I was entitled, and to date, years later, have only been told that they are unable to locate it.

Today, nearly two years later, GMAC has again begun to process, or actually post payments to my account, days after the funds were drawn from my bank account. In one instance, my statement even reflects the fact that I have been assessed late fees prior to the due date. I see where this is going, have been through this before. This is an awful company whose actions pertaining to mortgage servicing are reprehensibly predatory, and most likely illegal.

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#1 Consumer Comment

Sue them


POSTED: Thursday, April 19, 2012

If you have the documentation to prove you've been paying on time you should sue them.  My mortgage got sold to GMAC as well.  I've set up automated electronic payments that debit my checking account on the first of each month when the payment is due.  I would suggest doing the same if you have not already done so.  This way you have additional proof of on time payments.   Keep in mind if the 1st falls on a weekend the payment will process on the first business day but will not be considered late nor will they assess late fees.

On a side note, they screwed up by applying some other person's mortgage payment to my account in addition to my own.   It was eventually backed out and I hope reapplied to the proper account.  One more reason to automate it with your checking account as I do not trust these idiots to do anything manually correctly.  

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