i am continuing to be reported late on my mortage payments and i have never been late since my loan started in feb, 2009 #4001583394

This is a guide:
All plaintiff should write to their State Attorney General with a copy of this article, asking him or her to do the same as the one in Ohio.

Ohio AG, AHMSI Trade Lawsuits
Ohio AG, AHMSI Trade Lawsuits in News > Mortgage Servicing By MortgageOrb.com on
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Friday 06 November 2009

Ohio Attorney General Richard Cordray and American Home Mortgage Servicing Inc. (AHMSI) have filed lawsuits against each other.

Cordray's suit against the Coppell, Texas-headquartered servicer alleges numerous violations of the Ohio Consumer Sales Practices Act, including "incompetent and inadequate" customer service, failure to respond to requests for assistance, and unfair and deceptive loan modification terms, among other violations.

AHMSI's suit disputes those claims.

"The acts of some mortgage servicers have gone beyond the point of being negligent - they have become predatory financial practices, and in Ohio, they won’t be tolerated, ” says Cordray, who filed the suit in the Cuyahoga County Common Pleas Court.

According to Cordray, AHMSI required loan modification agreements that forced consumers to pay excessive fees and waive their rights in order to get help. The suit also alleges that the terms of loan modifications were unconscionably one-sided in favor of AHMSI.

The lawsuit seeks a permanent injunction from the continuation of unfair and deceptive loan modification practices, consumer restitution, civil penalties and damages. It also requests that the court order AHMSI to implement processes designed to provide efficient, competent and adequate customer service to all of its Ohio mortgage customers.

This is the second time Cordray has sued a servicer in recent months. In July, he sued Carrington Mortgage Services LLC, similarly claiming unfair and deceptive loan modifications. That case is currently in litigation in the Franklin County Court of Common Pleas. As of Sept. 30, Carrington implemented a voluntary 60-day moratorium on home foreclosures.

AHMSI received a letter from Cordray last week alerting the company of the attorney general’s intention to sue AHMSI for unfair servicing practices. According to the company’s executive vice president and chief legal office, Jordan Dorchuck, AHSMI offered to meet with representatives from Cordray’s office in an attempt to resolve the alleged violations, but Cordray’s office refused to discuss its allegations prior to filing suit.

“Although we respect the attorney general’s commitment to serve the people of Ohio, we are convinced that these allegations are entirely without merit, and intend to defend ourselves vigorously against them, ” Dorchuck says.

Dorchuck says AHSMI was dismayed to receive Cordray’s letter, citing positive feedback from Ohio borrowers and nonprofit agencies regarding the company’s homeownership preservation efforts.

“Rather than wait to be named as a defendant in a suit that AHMSI considers to be rash and without merit, we elected to petition an Ohio state court for a declaration that AHMSI’s servicing practices are fully compliant with Ohio law, ” Dorchuck adds.

AHSMI, which was founded in April 2008, services some 500, 000 Alt-A and nonprime loans. The company did not originate any of the loans.

In a statement, the company also pointed to the loss mitigation actions it has taken on Ohio loans in recent months. Since October 2008, more than 2, 200 AHMSI borrowers have entered into modifications that fall outside the federal Home Affordable Modification Program (HAMP). An additional 173 customers are currently proceeding under HAMP trial modifications.

AHMSI’s non-HAMP modifications for the year ended Sept. 30 show that 74.8% of AHMSI borrowers with modified loans are performing after six months, compared with an industry average of 60%.

Cordray has also warned consumers to watch for certain red flags when entering into loan modifications, including agreements that include such words as “borrower has no right of set-off or counterclaim” or “no defense related to the loan or the property.”
SOURCES: Office of Ohio Attorney General Richard Cordray, AHMSI

There is a problem with my account mentioned above. Two years ago when I was with AMC – my loan was at 202, 000 and I have made all of my payments up until the last three months due to being out of work. Now I have been trying to sell my property and I have someone who wants it for $260, 000 and the property value is just at that at this time. I want to know how my loan went from 202, 000 to 303, 000 without me refinancing it or modifying it any way? I feel like AHMSI is screwing me over and I need an answer of how to fix this problem on my loan or I am just going to have to file for bankruptcy and you would have to put the property on an auction. Well like I said, I have a buyer already for $260, 000 and that a big difference from 202, 000 to 303, 000. Please review this file immediately and you can reach me via e-mail at 4001210360-A.

They screwed me out of 2 payments in June, '09. Now, they are trying it again: in Sept-Oct, '09. It is not my place to pay for their "office coffee", or their 5 hour lunches, or their motel rooms. They need to have someone to monitor thier actions... somone who knows how to use a computer, and subtract as well as add. I have all the reciepts this time. They will not do it again. If I have to, I intend to go public. I will ask the local T.V. news to help me straighten them out. I cannot afford a bank of high priced lawyers like they can. They have already threatened to put me out of my house and sell it. Well, they have a huge fight on their hands. I have ALL the reciepts to prove I have been making my monthly payments. I have all the reciepts ant threatening letters from them, but I cant post them here... will be glad to mail copies.

My husband and I purchased our "dream home" in 2005 with Option One. Since then AHMSI has taken over, what a nightmare. 2 years ago we got behind 2 payments, I called to request a modification so we could get caught up. AHMSI advised me that the modification would take 30-45 days to process, this was in July. We called every few weeks to get status and no one seemed to know anything except we were behind on our payments and they wanted their money. I tried explaining that we were told not to submit a payment during modification that it would be refused. By November we still had heard nothing and one day I received a call that within 10 days our home was to be sold at a sheriff sale!! Out of the blue, no notice what so ever. To save the house we had to pay $7100.00 up front to stop the sale, the agreement they came up with for repayment was roughly $2100.00 monthly for 9 months!!! We were only behind 2 payments!!! We fulfilled the contract and were back on track. Now we are going through the same thing again except this is due to the recent addition of the Obama/Fanne Mae program. I have been told again not to pay during modification but am getting harrassing calls and letters from attorneys daily!! I feel so beat down, and we are not quite sure why no one seems to mind what this company (and others) are doing to average people that just need a little break. I would sign up for a 50 year mortgage if I could pay a little less per month. They don't seem to believe that people do want to pay, they just need to be able to pay less.

Signed,

Ready to give them the keys!!