My Mortgage Issues with America's Servicing Company: I have a split home loan. One is interest only and the other is fixed. The loan company is known as ASC, they tried to take my home in June of 2006 until I proved to them that I was not in error. I had to hire an attorney since they were inadequate in performing simple accounting 101. I should have brought a case against them. Personally I think anyone else in the boat that has not received anything good from this company and their neglect in account handling and customer service. We should band together and fight them. The mortgage company prior to this now has a Class Action Law Suit against them for mishandling accounts and transferring of funds, that's how my whole mess got started. Only ASC still to this day is unwilling to correct their mistakes including the mark against me on my credit report.
Their Foreclosure Division filed suit against me. however once I handed their attorney everything to valid to show this was ASC's error, he was dumbfounded and agreed. After 1 month of jerking me around I got my attorney involved and it took another 4 months more to end this issue. The Offer was: I was not going to be liable for their attorneys cost and they would remove all late fee's imposed and all negative credit scores hit against me. Since it wasn't my fault.
(Option-One Mortgage sold the loan over the ASC in October of 2005. At which time I received a letter from Option-One and ASC telling me to make my first payment to them on November 1, 2005 [thank god I kept that letter stating that]. Option-One collected the October 2005 payment from me and never forwarded that payment to ASC since the loan was acquired in a time frame that it was Option-One's job to relinquish that payment to ASC. They didn't thus ASC claims that I owed them for October 2005. From November 1, 2005 until June 2006 I fought with them on this issue every month. June 2006 came and they put me in foreclosure over this one payment being delinquent for more than 120days. As soon as I collected all my files within a day I was at their attorneys office to show proof that all payments where made and I was not in error.
The final was: a cashiers check for 5 months of back payments and one personal check per their request for the month of October 2006. We did, all parties who's hands touched these documents/checks copied them and forwarded me hard copies via mail. Once the mortgage company got the checks at their foreclosure division they applied the cashiers check and lost the good faith personal check. (How convenient?) Again, trying to rip me off since they lost I suppose.
When my November 2006 statement came it showed owing for 2 months. I flipped out and check my online bank statement, which did not show this check being cleared. At this point I contact my attorney who thought he was completely done with this case. Instead, he had to contact their attorney and so on...
They didn't contact me concerning not having the personal check nor did their attorney, yet he made copies of both checks and sent those zerox copies to my attorney would forwarded them to me. Thus, when they didn't receive the October payment, they hit me with all the 5 months worth of late fees and hit my credit report again with negative marks. I had to stop payment on the personal check ($35.00 fee). I never received this canceled check back even after I paid for the stop payment on it to this day.
The long and short is, they took away the late fees and credit history once I handed them their asses through their attorney who was representing them. Then when THEY accidentally lost the personal check, re-applied all 5 months of fees that I still wasn’t liable for when it wasn’t my error. When I had my attorney draft paperwork proving their attorney zeroxed copies of both checks, they still didn't remove the late fees. Thus making it impossible for me to fight this issue. These fees are still on the books with them even now. I can't afford to hire another attorney to prove what's already been proven. The attorney the represented them against me was: Thomas Dore (Covahey, Boozer, Devan & Dore, P.A. in Towson MD) and I've emailed multiple times without a response back.
ASC is: America's Servicing Company a division of Wells Fargo. This company is ridiculous to deal with, so be warned now!!!