Homecomings Financial violates RSMo 443.325 on foreclosure Ripoff St. Charles Missouri

Homecomings Financial was foreclosing on the property I had inherited from my mother. Their first attempt was stopped and a local realtor (a family friend) stepped in to help. A 90 day listing agreement was signed and was not up until September 27, 2005. The realtor was working directly with the foreclosure department at Homecomings Financial.

The realtor was instructed by Homecomings to do an internal and external BPO of the property. This result was far less than the original appraisal on which the original loan was based.

On September 28, 2005 I contacted the realtor to find out what the status was and where Homecomings wanted to go from here. The realtor was surprised and said, "Don't you know?" I told him I had no idea what he was talking about. He told me that Homecomings had held the foreclosure sale on September 13, 2005. I told him I knew nothing about a foreclosure sale and I had not been notified by Homecomings by phone or mail. He went on to say that he attended the sale and the property sold for $99,900.00.

I contacted Homecomings immediately to inquire about this and how I could get the rest of my personal possessions and my parents things that were still in the house. Had I known of the sale I would definately gotten these things because some of them held great sentimental value to me since both my parents were now deceased. I was told that everything had been "trashed" on September 15, 2005 by a company based in Florida known as Cyprexx.

Cyprexx confirmed that they entered and had trashed everything but that they had taken pictures prior to touching anything that was removed from the property.

I waited to be contacted by Homecomings about the balance due and recieved no communication from them. I also requested a copy of their proof of mailing from the US Postal Service to prove they had sent me the notice as required by Missouri statutes. They refused to return my calls after that day and I heard nothing from them.

They filed the foreclosure on my credit report. It states a balance of under $8.000.00 on 2 out of the 3, and the third reports a balance of under $5,000.00. Still no contact from them regarding the balance due. Then on June 23, 2006 I receive a letter from a legal firm acting to collect a debt for their client (PMI Mortgage Insurance Co) because they had paid Homecomings an insurance claim of over $40,000.00. I disputed the validity of this debt by requesting the proof of mailing from Homecomings. Much information was sent to me, but not the specific document I have been requesting. Yesterday (August 3, 2006) a different legal firm also acting to collect a debt has sent me a letter. So...here I go again!

This situation suggests (#1) violation of RSMo 433.325 which clearly outlines how I was to be notified of the scheduled date of the foreclosure sale on September 13, 2005. Violation would make the sale void, (#2) by instructing Cyprexx to break and enter my legally owned property and remove my possessions from my the home is theft, and (#3) reporting one amount of loss and filing a claim with their insurance company for an amount which is approximately 5 times greater than they have previously reported suggests insurance fraud! What do you think? If I am not correct then they would have sent me the little green card from the US Postal Service they were given as their proof of mailing me the envelope which contained the required notice...don't you think? But then how can you produce evidence that wasn't there to begin with in the first place? These people need to be in jail...and hopefully they will be once this is out in the open.

Tina
Moscow Mills, Missouri
U.S.A.