Saxon Mortgage, Inc. (Saxon) is doing the same thing to us. Me and my wife have been in this loan modification process with Saxon for almost a year now. Their rules change depending on what day it is and who you speak too. I faxed all documents they requested and received fax confirmation. I phoned on several occasions to see if fax was received. They habitually claimed they didn't get it. I of course re-faxed these documents to them. We called several days later to make sure fax was received. They will later acknowledge receipt. I was told several times that it was in review.

First week of November, Saxon sent me a modification agreement dated October 29, 2009 with a required Escrow Advance fee of $5, 518.02 . Me and my wife agreed to it, signed it in front of a notary as required by Saxon, and mailed it via overnight mail. My wife talked to them over the phone several times to make ensure smooth procedure. They told my wife last month that they will make sure this will be processed since they wrote it. They also promised to call my wife when the loan modification if finalized. They promised that it was a done deal and that we will start with our new loan payment in January 2010. We waited and waited but Saxon never called my wife.

Yesterday, my wife made a follow-up call and ended up spending two and half hours with Saxon’s representatives because she was told that they only received about $3, 000 cashier’s check. My wife insisted that we have proof that we sent $5, 518.02 which was the exact amount they asked us to pay for Escrow Advance fee. They advised my wife that our loan modification was not processed and that we have to re-apply for another loan modification. That is, we are back to square one. They also said that whatever payment we sent that was intended for the Escrow Advance fee was applied to our original loan balance. After over an hour with Saxon, they told my wife that her call was already escalated and that 3 Saxon managers already determined that they cannot revive our loan modification. They told my wife that we had to re-apply for a modification all over again with the new lender and that we would not get back our $5, 518.02 Advance Escrow fee.

So, I went to the bank where I obtained the cashier’s check. The bank provided me a copy of the cashier’s check. At the back of the cashier’s check showed that Saxon Mortgage cashed it on November 12, 2009.
Our house is scheduled for Trustee’s Sale this coming 17th of December.

Is it legal for Saxon to require payment of a $5, 518.02 Escrow Advance fee knowing that they will just tell my wife later that we would never get it back?

Saxon appears ruthless trying to toss my family out on the street just before Christmas. Saxon’s harsh, repugnant, shocking, and repulsive acts are messing with peoples’ lives and are never held accountable.

Did Saxon take millions of federal bailout monies? If so, why is Saxon faking us with a loan modification and then arbitrarily and capriciously grabs our monies which Saxon represented as a required payment for our Escrow advance fees.

Does Saxon have a record of cold bloodedly foreclosing on any homeowner owing money?

Saxon lured me and my wife into their fake loan modification program and then finding any reason they can to turn down our loan modification just to take our Escrow monies.

Did Saxon receive bailout monies from our Government to just easily foreclose, sell peoples’ homes, and actually make more money from our own tax dollars and we homeowners being the victims of these lenders who received our own tax monies?

Do not be surprised if our Government made it easier for Lenders to foreclose because they can't lose. Saxon officials could just be laughing their way to the bank with our tax dollars to boot. I am losing my home Friday next week. This is my home, this is the home of my 4 children. This house is my pride and joy. My own hard earned money has been poured in this home. We are losing our way of life, everything we built, and created in our lives.

I encourage anyone to e-mail their elected or appointed government officials to stop these predatory lending practices. These ruthless lenders will have to be stopped now. If anyone is planning or already planned a class - action suit against Saxon, please include me in your effort.