Our mortgage was sold to ASC after being with another company for the first three years of the loan. We never had any problem prior to ASC but after was a complet nightmare! First they raised our payments, the problem we had a FIXED rate! We fought and fought but never got any where. The payments were alot highger but we were still doing o.k. until 16 months later the went up again. We again contacted a lawyer who went to bat against them for us. (A little FYI info when he agreed to handle our case we became his number 12 case he had going against them and completly cringed when we told him who they were because he said that dealing with a sack of poisionous snack would be easier and less dirty) He proceeded to fight with them for three months before they agreed on a loan modification program which would make our payment $824 a month on a fixed rate. Well we thought we had finally won but we had only started fighting these criminals.
Six and a half short months later we get a letter in the mail saying our payment would be going to $1585 a month because when they had been paying the wrong taxes, which we had in escrow. We had paid our taxes for several years independantly and knew they were always around $1, 200 a year but ASC said that due to fines and penaltys that it was going to average out to be a little over $1800 a year for the past three years. We went to the court house and they said that the only thing that they were charging was a small fee for being late that was added every month but nothing like ASC was adding. Turns out the so called fines were being added by ASC even though after paying our taxes on the right property for 5 years the suddenly started paying some other supposedly for three and were trying to make us pay!!! We talked to everyone at that place who we could get to listen but every one had a different person that they transfered us to and no one seem to get us any where or help. We tryed doing a loan modification again because we could not make those payments. I sent every little paper they wanted and kept every fax confirmation paper stayed on the phone for hours. Then we recieve a letter saying that we were not eligible for a modification because we failed to send in the required papers. I contacted ASC and asked what paper I did not send and the told me. Well I went thru the papers and found my fax confirmation and faxed that to them told them the representatives name, date and time of when I called and got a verbal confirmation that all of the required documents had been recieved. They just said they were looking into it. Two weeks later we get a letter saying our house was up for forecloser or we could choose a short sale option due to the fact they had reviewed financial documents and decided it was impossible to make current monthly payments. We called as we had done every day and asked what had happened to the modification we were told had been investigated and were told they looked into it and we had been declined due to missing information ( same thing I proved to them was sent) Our lawyer fought with them to the end but we lost our home. The home I was brought home from the hospital to, the home I bought from my mom when my dad died after three years of fighting cancer so she could get a fresh start, the home I brought my daughter home from the hospital to, GONE. This company keeps you chasing your own tail why they pull every low trick in the book to milk you dry of every last cent.

i have been tring to modifiy my home for a while like 3months just friday i was told to re send all paper work again cause i didn't send them on time which i did but i owe 6000. dollars and i called friday 3/4/2011 and ask if i could start making a payment and also if i could pay for my own insurance for my home well i was told no and just send the paper work in i want to keep my home and want to start a payment on my home and iam not being allowed

I have a loan, or should I say, I had a loan with American Servicing Company on a property in Santa Ana, California.

I started a loan modification a year and half ago. I have been very diligent in sending all required information and documentation. I have maintained a detailed conversation log. I have done everything asked for and on time and I was not able to obtain a modification of my loan.

On November 11, 2010 I was asked to re apply for the modification process again because my information was too old and I had been dropped for the modification process for not having current financial information. I was told I had to wait for a letter from the servicing company to verify the information and return the letter signed with all the documentation required. The due date to send all the information printed on the letter was November 26, 2010. American Servicing Company sold my property two days prior to the due date, on November 24, 2010.

I have talked to all departments, I have sent letters, I contacted two attorneys and they have been trying for almost two week to have the bank rescind on the sale of the property for the reason stated above but have gotten nowhere.

It is time now, for me to begin a lawsuit against American Servicing Company for all the illegalities and abuses this company is committing against the consumers. I am thinking of filing a class action lawsuit, because this seems to be a normal pattern of operation of this bank. If you are interested in being named on the lawsuit and know of anyone else who had a similar experience or is having a similar injustice being done by this institution, please send me a note.

8-18-2010
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Account# 1328019834
Delia Tautan & Ioan Tautan

To whom it may concern:

On May 17, 2010 my loan modification was complete thinking this will get better instead my nightmare you ASC started and we are in August and I’m in still same situation. My letter from you dates 9-08-2009 states no contribution yet you take 3 payments applied it towards the contribution never notified us/the customer next thing we know we are past due. I’m look into hiring an attorney or maybe anther avenues to get this resolved as you can see based on the below many phone conversations with ASC did not resolved anything, the only thing I got thru this experience is health issue of stress and hart attack . (Please note that the times and days of the phone conversations are accurate some of the names are misspelled not knowing how to spell the customer service rep names) I’m in the worse situation now then ever and I dot seems to be able to get much help from ASC

The below phone calls is the one’s I placed starting: 10-16-2010 thru 8-17-2010


• 10-16-2009 @ 9:12am –spoke to Dan reference the loan modification status he updated my financials over the phone and was told to fax information required for the loan modifications at 866-590-8910 (which I did)

• 11-2-2009 @ 2pm spoke to Britney I called reference the loan modification status, she told me the underwriter has the file and I should start calling once per week to find out the status.

• 11-4-2009 @ 1:54pm spoke to Brenda I called about the status of the loan modification make sure I get the same response as I did on 11-2-2010, she transferred me to Tina who transferred me to Emmy who told me I need it to resend the hardship letter and pay stubs (which I did)

• 11-9-2009 @ 11:27am I spoke to Gilbert I called to confirm that all paperwork received that was requested by ASC for the loan modification on 11-4-2010 he said yes, but he took my financials again. don’t understand why financials were need it again

• 11-25-2009 @ 1:07pm spoke to Josh I called to find out status of the loan modification, he told me I need to send a hardship letter and pay stubs again (which I did)

• 12-2-2009 @ 11:05am spoke to Hope I called to confirm paperwork that I faxed on 11-25 was received which it was. I asked how long it takes for the loan modification to be complete she told me it takes 30 to 90 days.

8-18-2010
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Account# 1328019834
Delia Tautan & Ioan Tautan


• 12-4-2009 @ 1:09pm spoke to Kristy I called to check on the status of the loan modification, she told me the file is in the process to be assigned to the negotiator.

• 12-9-2009 @ 10:18am spoke to Kimberly, she told me the loan modification was approved yesterday, my 1st payment due Feb 1st of $ 785.98 (she told me there is a contribution amount)

• 12-11 -2009 @ 10:31am spoke to Matthew I asked him about the contribution towards the loan modification because Kimberly told me something about that on 12-9, he said there is no contribution you’re 1st payment will be applied to February, he told me to fax my loan modification documents that I received from ASC showing no contribution required

• 12/22/2009 @ 10:07am spoke to Vanessa she told me the documents I faxed on 12-11 were received and will take a few days before it will get reviewed

• 1-11-2010 @ 11:49am spoke to Tim I called to ask if my account is been updated to reflect the new loan modification, he said no but there is money that is seating in suspense that will be posted to the account once updated.

• 2-12-2010 @ 9:33am spoke to Charlene – she told me account shows same as 1-11-2010

• 2-23-2010 @ 12:05am _ I called and listen to the automated message to see if account updated – same as 2-12-2010, also I spoke to Shannon in Escrow department because my 2nd mortgage company Country Wide paid taxes by mistake and county office issued a refund to you instead of Country Wide. Shannon assured me that the check will be cut and sent to Country Wide (my 1st conversation with Shannon about this was on 1-19-2010 @ 8:20am, I did not call back because I though was taken care of )

• 3-23-2010 @ 4:04pm I spoke to Anna to check on the loan modification status she told me a few more steps and it will be completed

I made several calls between April and May – (you can look at you’re computer I have them recorded instead of written down so I did not add the to this letter - My calls were about the payments I made – starting Feb, March, April and May –my payments were take and put towards the contribution when I was told there is no

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Account# 1328019834
Delia Tautan & Ioan Tautan


contribution. See letters faxed to you’re office dated and received 7-21-2010 @ 10:39am there 2 letters faxed in you’re office that about the payments placed towards the contribution, and to credit back all the late fees and inspections fees the letter included date times and all the people I talked to that told me no contribution.
The 2nd letter that was faxed giving you permission to take money from Escrow to pay June and July payment (the extra money in Escrow was the taxes credit that I called several times was supposed be refund to Country Wide but ASC never did –I had to pay Country Wide myself to keep from my payment going up)

Due to continues problems I start taking notes and recording conversations – see below (you can check you’re computer several calls per week made from April to June (if need it I can provide all the notes (letter was sent to me about the payment reversal saying request dined 7-23-2010 letter date)

7-20-2010 @ 2:38pm I spoke to Kim in Escrow Dept- telling her that my payments were misapplied and that need to be revered along with the late fees, she agreed, and also told her I wanted the credit seating in Escrow to go towards my June and July payments, she told once everything is corrected I will be due for August but not to pay until account is fixed, she called customer service while we were on the phone and walked Luanne on how to enter a request to make the correct changes because Luanne did not know – the request was to have 2-12, 3-30, 5-4 & 6-5 payments applied to my account and then take June and July from Escrow.

• 7-26-2010@ 2:35pm spoke to Hope she told me I was under the loan modification I got upset why my loan modification was completed on 5-17-2010, and because I’m under loan modification no changes can be made until that falls off.

• 7-30-2010 2 9:18am spoke to Monte – who transferred me to Escrow Dept I spoke to Constance she told me work order pending for reversal and escrow credit to be applied to June and July payment

• 8-2-2010 @ 12:01pm I called and spoke to John he is a manger his phone number 515-324-2490 – I was upset and trying to explain my situation and conversations I had on 7-20, and 7-26 he told me he will check and will call back. He did call back on and told me that the letter was sent on 7-23 explaining why payment reversal is denied and transferred me to escrow to find out why June and July payment was not applied from escrow credit – got same response cannot make any changes until loan modification falls off.
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Account# 1328019834
Delia Tautan & Ioan Tautan

• 8-6-2010 @ 3:09pm I spoke to Jennie lead supervisors she assure me she would work with loss medications to have the loan modification removed so she can request the changes that were put in on 7-20-2010 her number is 866-889-2175

• 8-12-2010 @ 11:287am spoke to Daniel (she works in same dept as Jennie call made on 8-6) she told me the request was submitted on 8-6 to make all changes and that all late reporting to credit bureau, late fees and inspections fees have been stopped.

• 8-18-2010 @ 9-:41am spoke to Sheila – she told me I was pending loan modification and she transferred me to loss medications, and gave me the phone number 877-222-7875 option# 4, I was on hold for a while so I hung

• 8-19-2010 @ 10:24am I receive a call from Jeanne at ASC in customer services dept – I called back on 8-18 @ 1:48pm spoke to Daniel she told me that Jennie was needing proof of taxes paid, you have a proof on file, she told me that the escrow credit and what is seating in suspense can not be applied until I bring the account current .


Delia Tautan & Ioan Tautan

AMERICAN SERVICING COMPANY IS MY MORTGAGE COMPANY.
I REQUESTED AND WAS APPROVED FOR A MODIFICATION WITH A LOWER INTEREST RATE.
I WAS NEVER LATE ON MY PAYMENTS.
AMERICAN SERVICING COMPANY REPORTED ME TO THE 3 CREIDIT REPORTS AS LATE AND ONLY
PAYING PARTIAL. THIS WAS NOT TOLD TO ME AND NOT STATED IN NEW CONTRACT WITH LOWER PAYMENTS THAT I SIGNED.
THE CONTRACT SAYS TO PAY AMOUNT ON DATE AND I DID.

THANK YOU

JANE SWIFT