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Report: #239238

Complaint Review: GMAC Mortgate - Waterloo Iowa

  • Submitted: Fri, March 16, 2007
  • Updated: Wed, December 24, 2008
  • Reported By: Deltona Florida
  • GMAC Mortgate
    Waterloo, Iowa

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Sitting at home minding my own business when I get a call from a Home Investor (we buy ugly houses, etc) wanting to buy our home! I said why would you call us...he says, because court records show your home in foreclosure!!!

We were shocked, checked the clerk of courts website, and sure enough, our name, address, and GMAC starting foreclosure proceedings!!

Calling GMAC got us Mr Stern (foreclosure mill attorney in South Fla). We call there, leave voicemails, FINALLY get ahold of someone who says "we won't have your file until the end of next week, call back then!!!

We call GMAC back and FINALLY get ahold of someone who tells us what happened. About 6 months earlier, we had made a .30 CENT error when we sent in a payment. Because we were .30 short, our payment went into a "suspense file." Of course, the following month, after interest, penalties, etc, same thing...suspense file. During those 6 months my wife even called at least one payment in...they said NOTHING!!! We seldom received monthly statements, and never any during this period.

When we FINALLY go ahold of "Daniel" at Stern's office, he was like most people we had talked to...the "your just another deadbeat" attitude. No one would listen to what happened, and didn't care. However, they would settle for $6,000 in penalty and interest...and lawyer fees, etc. When we attempted to get a break down of all costs, we were put off, promised them, this day, almost a year later, we haven't received it although they had been ordered to provide them twice by a judge.

We checked with some laywers, and were basically told, "your screwed" but would take our case, which would have probably cost us thousands more. So we decided to fight it ourselves.

My wife searched the internet, got all the information and laws, kept a close eye on the clerk of the court website. THIS IS VERY IMPORTANT!!!! Twice the lawyer filed for "summery judgements" that we found out about on the website...we were NEVER notifed by them!!!!

Several months into this of figuting, trying to work a settlement and begging for a breakdown of charges and fees, the lawyers office FINALLY told us to call the Loss Midigation Office!! We were never told about them!! GMAC would only refer us to the attorney! Guess when they figured we would not just roll over, they gave us the number.

We contacted them, again very "you deadbeats" attitude, and set up payments they KNEW we couldn't afford (over twice what our regular payment should have been). We were able to make those payments for 5 of the 6th scheduled months, but were 2 days late on the last one. They returned it, added several more thousands in fees, and wanted to set up another of their so called "payment" plans.

We finally got a settlement figure from them (GMAC) (although to this day STILL don't know what all the fees were for) then the lawyers office gave us another settlement figure for about $2500 MORE than GMAC. They were trying to charge us for lawyer fees TWICE!!!!

I finally got the settlement money together, taking money from a retirement fund (taxes will kill me next year for that)!!! We sent the money to GMAC and assumed it was over. My wife kept checking the Clerk of Courts website waiting to see a dismissal.

A month after they received our check, she checked the website and again, Stern had filed another summary judgement for 2 days later, and we found that GMAC added $1600 in "fees" to the next months payment!!! We went to court and the lawyer called in moments befoe the scheduled time to say they were dismissing the case. The judge was NOT AMUSED by GMAC or the lawyers!! He told us it was the worst case of abuse and incompetence he had ever seen, and would never had issued the summary judgement after reading our file, but would have scheduled it for trial.

After almost 2 weeks, we STILL can't find out what the $1600 in "fees" is for, although the judge did tell us to let him know if they didn't drop it. We have been told there is apparently one person who knows, and several messages to her voice mail had been ignored, although she has our home and both cell phone numbers.

Yep, the 30 cents was our mistake. There was a time when the company would have called or send a letter saying " made a mistake, please sent us 30 cents!!! Not GMAC!!! They are our to destroy people. It will take years to get my credit report fixed (they reported "foreclosure" to the credit agencies). I would have happily paid the 30 cents plus 100 bucks in late fees, had they bothered to notify us.

We are like some others here. I'd refinance with another company in a second but first, with my credit report, the interest rate would be through the roof, and second, there is not guarentee that the company won't sell our note back to GMAC!!

Deltona, Florida

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#1 Consumer Comment

i have possible evidence that you can use

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

please try to contact me i have evidence that you might be able to use against sterns office it seems that gmacbadpract@aol is the root of a lot of peoples problems with foreclosures hopefully this will reach you
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#2 Consumer Suggestion

The Law Offices of David J Stern are being sued.

AUTHOR: Velacorp1 - (U.S.A.)

I currently have a pending law suit against the Law Offices of David J Stern, Plantation, FL. This is not a class action lawsuit. This lawsuit involves matter of a fraudulent nature that this law firm utilized in procuring foreclosure against us, this with the blessings of the courts----UP UNTIL NOW!

Anyone with any information, particularly inside information as to the actions of this company regarding unlawful foreclosures and ex-parte proceedings; Abuse of Process and the submittal of "questionable" Lost Note Affidavits in lieu of Note,
please contact us immediately as we will be issuing subpoenas to staff as well as ex-staff that may have information regarding the illegal actions of this law firm and their relationships with certain judges in this state.


Thank you

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#3 Consumer Comment

David Stern Law Office paid $2,150,000.00 for violating FL Consumer Collection Practices Act

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

Hi John,

Are you aware that in an action captioned as Bryant v. Law Offices of David J. Stern, P.A., the law firm of David Stern had to pay $2,150,000.00 for violating FL Consumer Collection Practices Act. I guess paying more than two million dollars was not an effective deterrent to preventing them from doing the same thing to you, Dan, and numerous other homeowners.

If you want to recoup the money that Stern embezzled and extorted from you contact a consumer lawyer and reference the "Bryant lawsuit".

I have a court appearance and would like to be able to tell the judge about your case. He seems to believe Gmac is a reputable and fair company. Please either search for me at Platoridge or post the name of your judge so that I can cite your case when I go to court this Monday.


P.S. If anyone else wants to share their story or needs some case law information meet us at Joe's farm, we have a wealth of information you may be able to use.
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#4 Consumer Suggestion


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

I have been throught the same thing with GMAC mortgage... Foreclosure when all payments have been made, I filed for bankruptcy but continued to make monthly mortgage payments, my attorney went to court, cost me 1000 for him to do so, the bankruptcy judge denied their motion to foreclosure. Continued making payments, after bankruptcy was dismissed, they proceeded with foreclosure proceedings anyway. After 3 months of sending paperwork, bank statements, taxes, yada yada yada, we all know the drill, they doubled my payments (actually more than doubled) I asked why!! No explanation! Made the payments but stated on the reinstatement form that I would only continue to do so until they gave me a breakdown on the account, checked the RESPA law did everything I was supposed to do, to this DAY I have received nothing. Filed complaints with HUD, then filed a complaint with The Office of Financial Services in MI, they handle their license. They have 21 days to respond, have not done so yet. In the meantime they sold my home, I'm here until Jan of 08 but I will not go without a fight. One other thing, I have a parcel next to my property that is not part of the mortgage, the dividing line is right down the drive, when I leave there will be a privacy fence installed with the signs NO TRESPASSING. I will have the last laugh with GMAC, the property has been quit claimed to my niece.... HA HA HA....
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#5 Consumer Comment

John, here we come!

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

I've been told about your story and had to search for it tonight. I've been busy with my own case so have had little time to spend on this website. Obviosly from what your report said you and your wife are smarter than the average person so please read between the following words to find the help you seek.

I lost my home to foreclosure do to my lawyers stupidity, my lawyer informed me of this 3 days prior to the sale of my home, (November 27, 2006) 3 MONTH'S after the judge made his decision.

While I still live in my home because I had to file for bankruptsy on the same date of the sale of my house (and I did this PRO-SE) with no lawyer. I now have GMAC in an adversarial proceeding (still with no lawyer) so GMAC now has to answer to me.

To protect you, your family and your home do a search on google for the following; HUD, GMAC fraud, Platoridge, RESPA; etc. In those links you should find the help your looking for!
By the way my name is Joe, I live in Illinois!
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