Ruth Michele Epperson
714 Atwood Road
Philadelphia, PA 19151
[email protected]
(215) 477 - 3341
EMC Account #: 1651991

ATTN: Predatory Mortgage Actions

To Whom it may concern;

Due to an EMC Mortgage Company clerical mistake, I’ve had to go to court every month from August 2009 thru February 2010, to stop them from selling my house via Sheriff Sale.

This started in May 2009. I sent in my normal payment of 732.00 on the 10th of May, EMC receipted it on May 11, 2009. I then received a letter dated May 14th, 2009, stating that “…..we have not received your 03/15/09 forbearance payment(s) in the amount of 732.00…..”

I called to clear up matters and was met with such insolence from Ruben, Emp. ID: REU, that I sent a fax to his Supervisor: Erica Reeder via two different fax numbers: 1-949-399-1247 & 1297. I did not receive a reply from anyone.

By the following Saturday, a very bold notice of Sheriff Sale was taped to my front door.

I faxed copies of 12 consecutive receipts of payment, including May 10th 2009, to EMC Mortgage and their representing lawyers: Gregory Jarvardian, yet, I did not receive a reply from anyone. EMC also mailed a payment history for Account 0001651991, which also showed a receipt of payment on 05-12-09. Both items prove that I have not forfeited on my obligation to pay the agreed upon mortgage fee.

Since no one was listening or responding to my questions, proof of facts or giving me any other type of communication, I was forced to file for a Conciliation Conference. In the interim, I continued to pay the monthly mortgage fee.

And each month it was returned to me, which gave me the impression that EMC was trying to force a foreclosure.

At the first court appearance, the lawyers representing EMC seemed taken aback when I showed them the stack of payment receipts, proving that an obvious mistake had been made and that there had been no default of the forbearance agreement. But it turns out that the receipts have not canceled the foreclosure, they have only generated postponements of the foreclosure: 09/01/09, 10/06/09, 11/03/09, etc., until we came to February’s conclusion.

The conclusion being that EMC re-modified my original loan agreement to the following:
The Unpaid Principal Balance of your Loan will be adjusted as follows:

Current Unpaid Principal Balance $50, 739.81
Interest $ 7, 632.11
Escrow Advance 1 $ 443.15
Recoverable Balance, Foreclosure/Bankruptcy Costs (If applicable:) $ 8, 807.40
Adjusted Unpaid Principal Balance $67, 622.47

1 Funds that EMC has advanced on your behalf to pay taxes and/or Insurance premiums or other escrow Items.
2 These are servicing expenses and/or fees (such as NSF fees) that have been assessed to your account.
• The 'new principal and interest payment will be $367.14, plus escrow funds of $183.35, which equals a new total monthly payment amount of $550.49. Please note this amount is subject to change if there is an increase or decrease in your taxes or insurance premiums or other escrow items.
• Your new due date, upon returning this signed Agreement, will be March 1, 2010

(There is also an 'End of Mortgage' Balloon Payment of $14, 000.00)


The sale price for the house was 65, 000.00 when I bought it in 1992. My family and I have lived in this house for 17 years. Yet, this is the result of their re-modification of a 30yr minus 17yr mortgage. Missing from the calculations is the fact that EMC failed to note that they have not paid on the Taxes for the house in over a year. And if that wasn’t bad enough, weeks later they sent a notice stating that I have to pay the added amount of 209.06 for Escrow + amounts, making the monthly mortgage amount 763.19. For the last 3-4 years the mortgage amount was 732.00, with no missed payments. Prior to that, it had been 932.00 a month.

I need to mention that I am on SS-Disability: 1168.00 monthly.

It appears that they created this situation for the purpose of taking away my home and at this point they are doing their best to make it difficult for me to maintain my home.

Some of their actions seem very predatory and they are not following the guidelines of the “Obama Plan”.

Can your office provide me with some assistance in this matter?

Sincerely,

Ruth Michele Epperson

February 2007 we were 2 months behind in mortgage and received a form document demanding payment of arrears by deadline or foreclosure would be initiated. We decided to get an application to withdraw the funds necessary to bring the loan current from the 401K. Getting the application took a little time, March was here with another payment owing and I became victimized by a Canadian Lottery Scam - Cost our checking account $3, 000.00. Prepared application to withdraw funds for 3 months mortgage to bring current. APPLICATION DENIED - Amount Requested did not Match the Amount on Demand Notice from EMC Mortgage Corporation. THAT'S WHEN THE TROUBLE STARTED. CALLED EMC and explained what had happened and requested a current statement of amount owing, date and statement of their intent to foreclose. I had reps tell me it was called a 401K letter and they'd get it right out. I never received, called again. Told they couldn't mail out that kind of statement, it wasn't in their procedures, I wasn't far enough behind, told I needed to be 4 months behind before such a statement could be generated. But, you sent such statement in February got me no where. Ok, they got payment in March which left us only 3 months behind so I needed to wait and the computer would automatically kick one out - I was told. Later calls, after no receipt, I was told you can't just stop making payment, waiting for us to send a letter that we're not going to send as they have not chosen the sale date yet. WHAT??? Customer Service Reps only deal with one area, accepting payments or promise to pay.

NOW THEY'VE SENT THE TRUSTEE'S NOTICE OF SALE - Demanding payment of Contract in FULL or our home is being auctioned in October.

NOW I'm so confused. We want to keep our home, fell on hard times and expensive circumstances and got behind. We were willing to use some of our retirement money to bring the loan current and get back on track with our monthly payments. BY LAW, I'M TOLD, ONCE YOU DEFAULT ON YOUR LOAN THE LENDER CAN DO ANYTHING THEY WANT - NO, THEY DO NOT HAVE TO ASSIST YOU WITH PROVIDING DOCS, necessary by Fedral Law to get a "Hardship Withdrawal" on a retirement account. They don't have to accept payment that brings the loan current. WHY SHOULD THEY - THEY WANT OUR PROPERTY WHICH THEY'VE FORCED US TO PAY MONTHLY PROPERTY MORTGAGE INSURANCE ON. They win all the way around and the homeowner is now HOMELESS - YES, IN THE UNITED STATES OF AMERICA - THE STRUGGLING, WORKING, CAUCASION MALE GETS THE SHAFT!!!

There phone line is awful!!! You can not get a person on the phone no matter what you do!!! My husband and I have been trying to get through for days and we have just been disconnected over and over and over again!!! What kind of customer service is that?? Awful!!! I still have yet to get through!! Who is going to answer my question!!?????