I work for a very large, probably well known mortgage company that for privacy's sake shall remain nameless... and I want to clarify on the topic of getting that lovely phone call on the 10th for your mortgage payment. My present mtg company is Wells Fargo, and not that long ago, I was getting these hang-ups on the answering machine during the day from an unknown number. When I was finally able to snag that call one day, it turned out to be a Wells Fargo rep. 'wondering' if we had sent in our mtg payment yet since it was after the 10th.

Caught off guard, I fumbled through the call, and hung up but vowed to research this more fully if they were to call again. A couple of months went by and sure enough, I get another call asking about the status of my mtg payment. Not in the best of moods, I see red, and while making the Wells Fargo rep. hold for me, I went and got a copy of my note and mortgage, and then asked for her to tell me where it states that I'm supposed to get this 'friendly' reminder phone call about a payment due.

The rep. fumbled, stumbled, and finally had to admit that the precise wording she had used earlier of "because you agreed to this when you signed your note and mortgage" wasn't on my documents. Which led to the other lie of "well you must have signed an addendum at closing agreeing to this."

My friends, I keep all the mortgage documents in one file folder and I am a mortgage underwriter - no where did I or my DH sign /anything/ agreeing to this harassment. When confronted with that startling bit of news, she passed me on to her superior who agreed with me, it's not on any of my documentation but they're making the phone because of the investor for my loan.

He claimed that the investor required this phone call after the 1oth day of each month, but quickly offered to put a 'do not call' note on my file for the computer so I wouldn't have to deal with this any more.

Bottom line is?

When you signed your note and mortgage, the wording should have been along the lines of you agree that your payments are due on the first of each month, but you have a grace period of 16 days to send it in before late charges are assessed. Again no where does it say that you are required to send it in prior to the 10th, and quite honestly if your living from paycheck to paycheck, it just doesn't always work that way.

To further clarify, while most investors would love to have that mtg payment in by the first, it's not against any rules if you send it in by the 15th. No investor that I know if has ever complained, and I work closely with them... it's the LENDER who is prompting the phone call, and it's the LENDER who is harassing you for the payment. It may be stressful, and irritating, but if you want to fight it, you can as long as you understand your mortgage documents.

Finally, there is a document that most if not all of you signed, and it's basically an agreement that stated you were aware that the servicing of your loan would be sold. It just stinks that you have no control of who buys it next...

Hopefully I've helped.

I am in the mortgage industry so I should have not fallen into this trap but i did... I was refinancing my home. The loan closed 3 days before the end of the month - I have a copy of the wire transfer paying off my loan in full... ASC reported me late anyway - 2 months after my loan was closed and paid off.

I have sent them a formal RESPA complaint , and filed a complaint with the FTC. I also sent a copy of my dispute and FTC complaint to all three credit bureaus. It remains to be seen if they will fix the problem. The rep said " I can tell you know they won't take it off" and She said it with attitude too. NICE. I know I should have made the payment earlier - my bad. However it does not mean that ASC can willfully violate federal law... We will see.. Looks like I am not the only victim... I just may have better documentation...

Effective July 1st, 2007 (ASC) America' Servicing Company forced insurance on our home increasing our mortgage payments monthly by $1,000.00 USD. That additional $1,000.00 they are charging only covers the dwelling with the limit of liability coverage of $182,000.00 for replacement of the home; which did not include any flood insurance. The annual premium amount totaled $3,399.00. On Friday, August 3, 2007, we purchased our own insurance costing us $4,600.00 annually from a company of our choice which also includes flood insurance; our insurance covers the dwelling for $204,000 as well. After placing a down payment of $1,900.00, we still have to pay monthly payments until the premium is paid in full. They are now telling me that i have to keep paying them the $1,00.00 until they receive a refund from the insurance company the had chosen for us and that we also need flood insurance for the same amount as the dwelling $204,000.00; that is unheard of even here in Forida. Now we can't afford to keep paying their extra cost every month and our cost for insurance and eat as well as other monthly responsibilities. It is as if they want people to loose their home. It has been nothing but drama with this company.

About a year ago I refinanced my home. I moved it from my previous lender I will call Mortgage Lender #1 to Mortgage Lender #2. Neither are America's Servicing Comany (ASC). Neither of my mortgage holders have ever had dealings with ASC and have according to them not released any of my info to ASC. ASC has made a false and fraudulent claim to my property and have begun foreclosure proceedings. Let me repeat!! _ They are not nor have they ever been my mortgage holder!! I have an attorney and we are suing for harassment and the PA Attorney General's Office of Consumer Protection is also involved. Complain loud if you are having trouble with this disgusting company!!

So considering my mortgage servicer (ASC) refuses to enter the 21st century by offering an internet payment option free of charge I thought it would make sense to setup an automatic monthly payment. I've already had many frustrating experiences with them and just want to avoid having to deal with this company. Unfortunately I'm stuck. As far as I can tell we have no options especially in this Real Estate Market where many people like me can't get out of their current loan.

Last time when I saw that they were charging me 3 to 4 times the going rate for Homeowners insurance I tried to replace it with a reasonably priced policy. My new insurance company did everything they could to establish a new policy but ASC refused. They sent me a letter indicating that my insurance was not and could not be implemented. A month later I got around to calling them to understand why they did not allow my new policy and they said that it was because I had not sent them a letter requesting the change. I reviewed the letter they sent me and in no way did it indicate that I needed to fax or mail a letter requesting the change. All it indicated was that my policy was unable to be implemented with no solution or remedy.

I only mention this to preface what dealing with them has been like. Similar to every experience I've had with Wells Fargo they do whatever they can to nickel and dime their clients and most of their employees are very rude and arrogant. This pattern is most accurately demonstrated by their need to charge for an internet payment. So I setup my automatic payment to avoid issues with the mail and to avoid the fee. I had it going fine for a month or two and then got behind again where my payment was getting made just later than normal.

I made my June payment at the end of the month and knowing that my July payment was in question canceled the auto payment. Since then they tried to charge my account 3 different times in July without my consent. I've called each time it's happened and each time they assured me they would not charge my checking account again. Each time this has resulted a $20 NSF fee not to mention the other costs and complications this causes when paying other bills and simply managing my money. How do I get them to stop this auto payment nonsense because this is making it impossible (considering my current financial situation) to manage my money. How many people will guarantee me that they won't charge me again before this stops?

More importantly do I have any recourse? Who will hold this company accountable for their consistent incompetence and manipulation?