Homecomings Financial A GMAC Company RIPOFF - REPAYMENT PLAN - RUINS CREDIT UNABLE TO REFINACE OR PAYOFF UNFAIR ATTORNEY FEES LOOKING FOR CLASS ACTION LAWSUIT INDIVIDUALS PLEASE EMAIL Dallas Texas

I would like to hear from any individual with a problem with this company. My husband have a mortgage that was sold to Homecomings shortly after we bought the home in Dec 2006. We filed Bankruptcy Chapter 13 in January 2007. Our payment are never posted to our accounts, we have to call and wait endlessly to speak to someone that always tells you something different. We were a month behind on our payments and mailed a check for December's payments. We were told today by Homecomings that they have the payment but will not be applying it to our account. That they will be filing for a motion for relief that will foreclose on our home if we do not pay the balance owed which will involve attorney's fees. We tried to make January's payments to bring our account current but they will not take a payment from us. If we were able to make the payment we would not be in arrears at all. This is a scam mortgage company. I would like any information from anyone that is a victim of this company and would like to know if there is actually a class action suit against them and would like to participate in one if possible.

I am in the same boat...I've been dealing with Homecomings' incompetencies and lies for over a year. I'm currently in foreclosure but I will NOT go down quietly. In November I got fed up and sent the Homecomings CEO a letter...a 5-page letter detailing ever issue and problem I've had with them. I also copied every last person or agency in a position of authority I could think of...right up to our good President-elect. The agency I have had the best response from is the Wisconsin Department of Financial Institutions (DFI). FINALLY, someone who is willing to advocate for me!

I will not go through my whole story here because it's the same as everyone else. They have been jerking me around for a year. They have lied, called me names, tacked BS fees onto my account, refuse to send me statements, never call back, and have gotten several thousand dollars in Modification "downpayments" for Modifications that never existed. They are criminals, if you ask me. They have added over $9,000 in fees onto my mortgage in the latest Modification that was sent. And of course that amount was captitalized, so it makes my home THAT MUCH MORE over its market value. It will be years and years before the market stabilizes enough for my home to regain all that value so I can refinance elsewhere. At any rate, my big mouth paid off. The WI DFI contacted Homecomings and now they are suddenly responding. My letter contained a detailed, bulleted list of 10 specific items I asked Homecomings to respond to. Of course, the letter I got in response was exactly 1 paragraph of BS and it addressed nothing I asked for. HOWEVER, when DFI contacted them, it was a whole different story. Suddenly they're willing to work with me. Basically, I have in writing (via the letter DFI received who forwarded me a copy) that they are going to give me everything I asked for. They are going to "forgive" the $8,000, report my account as "paid as agreed" back to 1/1/08 and a number of other things. HOWEVER, they have yet to send any of this to ME. They only sent it to DFI. They told DFI that they had sent me a "new" Modification on 11/20/08 with new terms forgiving the $8k. I never got it. They also told DFI a statement would go out immediately. Never got that, either. When I received my response from DFI saying it appeared to them (based on what Homecomings told them) that all appeared to be good, I flipped out. I fired a letter back to DFI that day and basically told them Homecomings was lying, that I hadn't received anything. The DFI rep called me and we had a lengthy conversation. She is going after them and forcing them to respond to EVERY SINGLE concern or complaint I have. She also added some of her own. I don't know yet what Homecomings' response is, that was only a week ago, but I am anxious to hear back.

In the end, I'm not sure it's even worth trying to keep my house. Who knows how long I'll be stuck with these crooks? I can't refinance. My Credit Union said I just owe too much based on what my house is worth. Even if I get the new Modification, what's to say they want screw me over again in a couple months? They have before. I believe they will again. I don't know what other options I have.

If a class-action comes out, I AM IN!

most likely the same story most every one that has any knowedge of this company , they were offered 200,000.00 for my house they told me i had to vacate first before they could entertain any offers , would not talk to me about anything i also had an a lawyer , he could not get even one person to talk to him bottom line is this . we had 200,000.00 to pay for the house , they sold it out from under us for 134000.00. they are an evil bunch and need to be dealed with in a ruthless way the way they treated us.

It appears that you have a case of breach of contract. You can sue in civil court for unlimited damages. That was a good idea to file a complaint with the BBB but you should also file a complaint with the Department of Corporations where GMAC has obtained a license from to do business. sj

Then help us and lets pool together and file a cass action suit. We have a great attorney!! All she wants is a 1/3 of what we get. No money up front!!

Since last post, there have been many things to happen. First, we found an honest customer service rep. His name is Joe Whitehouse. My first suggestion is to ask for HIM. I was amazed to find an honest employee within this deceptive company. I pray that he is still employed here. We learned that on the last account of being placed into foreclosure that , we had not even been sent over to an attorney firm until 2 days after they received our payment. Not 2 days before they received our payment. So where did the $$ attorney fees come from ?? It was a LIE. plain & simple . A LIE. So, after an honest employee looked at the dates, and spoke with management, we did not have to pay the additional $1200.00 . If this individual was not HONEST, he could have played along with the other employees, and we would have to have paid the attorney fees in antoher repayment plan. I have never in my life been so thankful for a Customer Service/Account rep.

We waited for everything to "appear" caught up on all of our statements and with the help of this honest employee our statements began to appear true, as in paying on time. We then followed the advice of legal representation. We went to the better business beareu and looked up this company. We got the phone #'s listed on the site for this company. We called the home office and we spoke with Executive Correspondent Richard Cook. His direct # is 214-874-6379. I explained the history of the account. He said that he would review and call me back. The next morning by 10:00 a.m. He called to say that he found evidence to support the facts that I told him. He apologized, and said that in return he would return attorney fees that we had to pay and all of the late fees that we were charged. He then said that all 3 credit reporting agencies would receive proper reporting within 30 days. We did receive our refund of attorney fees. The credit reporting agencies still have not been updated fully. Within 30 days it went from 210 days past due , to 180 days past due and now it shows 90 days past due. Foreclosure has only been taken off of Transunion.

Rishard Cook did overnight documentation of the payment history corrected, copies of H.F. creidt reporting with all info. corrected. A letter stating that indeed we had paid on time. A letter stating that indeed we shoulf have never been in the foreclosure process. With all of this info. Finally we were avle to refinance last week. This happened with a manual override by the new mortgage company. Without this documentation we never would have been anle to refinance our home. Just to let you know, an FHA loan is not credit score driven. With proper documentation a manual override is possible to get the refinance done. If you would like the company name that helped us to get refinanced please post a rebuttal with your state and city, and possibly they can help you.

At the time of our refinance, our adjustable rate mortage had set in, and 2 of those payments had to be made, and it was hard. The new payment was a little over $300 over the original payment. Now, our payment is $100 less than the original payment. THANK GOD. I just want everyonw to know, DO NOT GIVE UP. it put us through hell. The stress on our marriage, our finances, even our children. Pray, and perservere. It was kind of funny to walk into our attorneys office and the sign that he had in his office was so pretty and it read, " NEVER GIVE UP" , when I think about how many people have the same story of us, and the hell you will go through, our hearts and prayers go out to all of you,because it has been a long and tormented road to get away from this company. Just do not give up. Do not let them take your home, there are laws. It is called Mortage Abuse and Predatory lending. You obvioooously have access to the internet, look up on your search engine those terms. MORTGAGE ABUSE AND PREDATORY LENDING. Look up an attorney in your area who handles MORTGAGE ABUSE AND PREDATORY LENDING. Follow thru, and please DO NOT GIVE UP. I am not sure if the wesite will post our attorney's name & number or not, but his name is Gary Templeton and his number is 205-408-0048. He is highly educated on these practices and came highly referred. Good Luck and God Bless, I will continue to update as frequently as we have information.

It's not. These crooks want your home, and they will do whatever it takes to see that it is taken from you. Trust me.. been there done that.

We filed for Ch 13 in an effort to save our home from foreclosure. All was hunky dory.. or so we thought. We were told to pay the contracted amount we orig had to pay. Homecommings wanted more, they wanted over $200 more amonth, so what did they do?

Again, without a word to us, they stated that our mortgage pmt was $806 instead of the orig amount and then would put our pmts in suspense. Wait until our next paymetn, take the added amount out fo that pmt and apply it to the previous pmt.

As you probably figure the amount having to be added to the previous month would grow, to the tune of $200 each month.. meaning month one $200 short, month 2 $400 short, Month 3 $600 short ect.

It finally got to the point of them saying we were 4 monts behind and they refused our sept pmt and told us to contact our atty. Never, in any of this, from start to finish was there anything from HF stating what their expected pmt was or what was going on.. any more then there was anything from HF about the fact that they put an escro on our note raising our pmt from the orig contracted amt to over $800 a month. they kept their mouths shut on that one for a year.

Today I got a certified letter in the mail stating that I had until November 2nd to pay them close to $9000 or the house would go back to foreclosure. fortunately we had already decided that we are done with thise crooks and have found a new home owner financed, and the pmt supposedly going to HF has gone to make the down pmt on the new home.

We are discussing a lawsuit against HF for the ruination of our credit, the loss of a great deal of our other property in trying to save the home in the first place, and the value of the loan itself, not to mention court costs and attys fees. Realistically, I doubt that anything will come of it as they are a huge company with tons of cash to spend on big name attys. So in the end we will spend a great deal more money, and get absolutely nowhere.

So in the end we will probably be looking for a future class action suit against them. we wont get much as they ahve ripped off so many others, but if they have to pay millions to satisfy the debt they owe to society, hopefully that will cause them to go bankrupt... i doubt it, and to be honest, I seriously doubt there is an atty out there that has the guts to take these jerks on, but hopefully some day, some how.. it will happen.

If you are in Ch 13, or if HF has targeted you and your home as one they want.. you are basically SOL. They will get it, or they will die trying. Best thing to do is cut your losses and see if you can find an owner finance or some other company to cover you.

Lastly.. tell everyone you know... and everyone you DONT know, about HF. Tell them your story. Tell them that if they see HF on their mortgage paperwork as the lender DONT SIGN THE DOTTED LINE!!!! Tell them if their mortgage is sod to HF, to go and refinance as fast as their feet can carry them. Do it Before HF gets their hooks into their home!

you stated some time back that they cant be following the fair debt collecting act right you might check this out just enter this and see where it leads you 15 u.s.c.1692k its the law for collectors

The waters of this problem run deep. My husband and myself are going through the same thing. We have retained an Attorney to fight on our behalf. Having filed Chapter 13 bk on 10/23/2003, letters to creditors were mailed on 11/03/2003 Homecomings filed for foreclosure on 11/11/2003. They did this so that they could add fees and costs to our loan that go unexplained and even took payments and applied them towards those fees and costs.

Thinking we were doing the right thing we paid our Chapter 13 off two and half years early. Imagine our surprise when 45 days later we found out that they had again filed for foreclosure. The State of Ohio very recently passed a law prohibiting predatory lending as it is sweeping the nation.

My advice is to contact every government office you can think of and file formal complaints, in fact flood their offices with them. You might ask what good will it do? Have you every been to a concert and listned real close to a solo singer? Alone their voice may never reach the back audience, however if you combine that soloist with a choir you can make the floors and the walls tremble. I urge all of you who have reported the disgusting and abusive treatment by Homecomings to stand tall and sing loud.

The apple doesn't fall far from the tree. Homecoming Financial is a subsidiary of GMAC, and as such, has learned from its parent company how to effectively defraud you of your home and ruin your credit. There are numerous consumer credit laws which can effectively put an end to Homecoming's exploitation. To protect ourselves we must learn about and understand how to use consumer credit laws.

Since you are already in the foreclosure process consider filing a cross complaint. Your lawyer should be able to advise you of your rights and the best course of action for you to take.

Continue to send your regular monthly mortgage payment even if Homecoming refuses to accept your payments. Send all payments registered mail return receipt requested via the U.S. postal service.

You are being scammed by a company that specializes in making homeowners forfeit their property. In anticipation of having to defend against Homecoming's foreclosure action I strongly urge you to have your loan audited. If its record keeping and accounting is as sloppy and inaccurate as GMAC you'll likely find that you are being ripped off for even more than you are aware of.

Please update us on your progress.

Good luck and God bless,