Another Mortgage Problem

Also, I remember the lady from their retention department stating they would also send documentation to their lawyer because we had to paid then nearly $1000 in fees to get this matter straightened out. I will also call the mortgage company tomorrow since I am allowed to discuss his mortgage. I'm not on the mortgage papers but things come to me as Jane Doe.

Is it possible that they'll be fine with it as long as it's DATED for the 30TH? Also..They can't get mail on a Sunday..So in the event that the 30th would fall on a sunday or a holiday, it seem like the due date would have to be the next day.

I'm sorry Mishele..I know spending your entire weekend worrying really sucks. I think it'll be ok for you..

I beleive that the mortgage company while honoring your arrangement, continues on a parallel track with foreclosure proceedings right up to the point of actually taking your home. This is done so that if you fail to honor your agreement, they don't have to start over. This is what I was told by chase when I fell a little bit behind with them a few months ago (and they refused to help me in any way shape or form)

Thanks Fin for the reply :) Well, he didn't get paid until Thursday so he didn't have a chance to go to the bank that day. We have all the receipts that we need to prove that we have made the payments by certified check, which costs a mini-fortune anymore, along with UPS and USPS 2nd and overnight delivery tracking numbers. Hubby and I talked about it this morning some more and he said he sent it two day air so they would get it on Monday. If he sent it overnight on Friday, it would get there Saturday and he said he didn't know if anyone would be there on a Saturday to sign for it. It's supposed to be there tomorrow morning. He said he should have called them on Friday but he did leave a voice mail with the tracking number. We've done all that we can do for now.

What a pain!!! Mishele, I've got my fingers crossed for you!!

Clay,

That stinks and that is something that we didn't think about. Heck, before we officially went into foreclose they refused a payment by us to try and catch up. We were trying to dig ourselves out of my payday loan mess but I didn't realize we were that far behind on the mortgage. Hubby and I talk more openly now so I guess that's a benefit of the things we've gone through financially this year. Hubby said he would call the clerk of courts in the morning to find out exactly what is going on. We're both kind of confused because the paper doesn't state much except that is a pre-trial meeting/conference that is scheduled. I guess he will need to also consult with a lawyer, which we can't afford right now. We'll have to find one that offers free consultations or something. He needs to go to the hearing; I think I have stressed that point. I'm not sure if I need to be there since I'm not on the mortgage. But maybe so since I'm Jane Doe and received the same notice as hubby did yesterday and prior to this. Our mortgage is with Ameriquest and we are not happy about this at all. Yes, we got behind but they sure don't make it easy to catch up. I argued with them two weeks before we got the official mortgage notice. We faxed in the documentation so I could discuss the mortgage. I'm a little better at those things than my hubby. He gets too frustrated and defensive about it. I told him not to beat himself over it. We all make mistakes so let's concentrate on the solution. We also have the check that they returned to us. It does state on the statements they have the right to refuse payment. I do have a call log of all the conversations with the mortgage retention center, plus a record of all the voice mails. I usually called from my cell phone so that's a good thing. I'll contact the mortgage company tomorrow on my lunch hour to see what this is about. I also want to make sure they paid their lawyer the fees we had to cough up for that in the beginning. ARGH!

Thanks Fin, I'll keep you updated. No sense in worrying about it and ruining the rest of my weekend. I just don't see a judge in this area taking our home away from us when we've been trying to do the right thing. Then again, ya never know anymore. :roll:

Hubby was talking for awhile about filing Chapter 13, even got some advice from another forum member. Things just kept hitting us and we got a little scared. We've made arrangments to pay the big medical bill that has been following us around and that's all in writing now. We had to unlist some of his stuff from the debt settlement program because they are collateral loans. The funny thing is that they accepted Consumer credit counseling. It was Citifinancial who suggested that he go with this even though there is a computer and some tools on the loan as collateral. That saves us quite a bit per month. We're catching up on some little medical bills that have gone by the wayside. Things have to work out for us. :lol:

Quote:

Mishele-

Also,see if you are able to pay them directly online.
It gets credited the same day,and it's usually not
deducted from your account for a day or two.

And you save yourself 13 bucks!


In addition, check your states foreclosure laws,some
allow reclaimaition of the house right up to the last
minute.

Jeez Mishele..
I don't know what to say. Fedex is pretty reliable, I'm sure if you overnited it for Saturday, it's probably there.
When I had some problems with foreclosure, I was able to stall til the very last moment to get my payment in.
I know that these banks would prefer their money, not your house.
Keep us posted, and I'll do some extra special praying for ya!

When Wells Fargo tried to foreclose on our home and we were trying to come up with the funds, they told us they really didn't want the house because they had over appraised it, but if we didn't pay the money they would take the home. Just another prime example of what hte pdls can do. If we didn't have the pdls and money stolen, we wouldn;t have been in that situation. Mishele, hang in there and remember we are all here for you.

Sorry, having log in problems. Clay, you're right, he should have overnighted it whether they were there or not. It would have looked better for us. I started worrying about this a little bit ago and I've made myself sick. We can't even access our online account until our mortgage is caught up by the end of December. We can't even send in a regular check. It has to be by certified check or money order. We've always done the certifed check through the bank. It's just odd that this was filed on Friday and the payment was even due until the 30th. I don't know what to think at this point. I am starting to think if they threaten us then he'll file Chapter 13 so we can save our home. We take the responsibility that we fell behind but we are always trying to catch it up. It seems that Ameriquest has been in trouble over the past year or so for charing absorbent interest rates to those with not so decent credit. I guess we'll know more tomorrow. Please keep us in our prayers. I'm just an emotional wreck right now.

Mishele-take a deep breath!Since the 30th fell on a Sunday,you'll probably be fine. There is nothing you can do until tomorrow,so take a bubble bath or something to get your mind off this. We lost our home,actually we did an assisted foreclosure because our house flooded and we couldn't sell it. The bank told us,too,that they would rather have the money than go through with taking the house,re-selling it,etc., so you are probably ok.Everytime I get off on the "I Shoulda,",I'm in trouble. I should have,could have,etc.,but I didn't,so next time I'll know to do that. Hang in there,you are in my prayers :D ...Karen

I checked the thing and the payment is supposed to be there tomorrow afternoon.

Good,at least you have an answer on that end. :D ...Karen

I was reading a bit about foreclosure laws in Ohio, nothing too specific. It states that we had twenty eight days to respond to the court, which we did. I sent in a copy of the arrangments we made with Ameriquest. Nothing heard until three months later. I sent that certified mail so that's in our favor. It states that if we don't respond then the court will find us in default and go from there. Maybe our mistake was not sending something to the attorney??? Heck, I don't know. Maybe there is just a mix up somewhere and I'm hoping we don't have to pay more attorney fees. Argh!

Well, I was reading the forebearance agreement with Ameriquest. It states payments but be there by the 30th with no grace period. If the 30th falls on a weekend, then it must be there the business day before, which would have been the 28th in our case. It will be there tomorrow morning which I guess means they are going to pursue this, it also states they can revoke it if we miss the timely payment without notification to us. This really doesn't make me feel any better and I'm really trying not to be upset with hubby for not sending it on Thursday overnight. I don't want to lose our home by one little technicality. All the other payments were made on time but I guess that won't play in our favor. Hubby is just going to have to meet with a lawyer and contact the clerk of courts tomorrow for more information. :cry:

Okay, I've calmed down now. I've been doing some more conversing and other research. It seems that this pre-trial hearing may be the next step in the foreclosure process. I'm not sure why but maybe something was miscommunicated somewhere along the line? I have a feeling that's what it is and at least we are making the payments and have records of those. Also, the mortgage company did tell me that they would handle the issue with the lawyer and that we just had to send in the paperwork with the court. I guess we should have followed up better with that. Off to bed and hubby will contact the clerk of courts in the morning and we will go from there :-).

Hope all goes well for y'all.

Your home is the ONE thing you shouldn't EVER have to worry about...not ever. Prayers for you.

Hey Mishele...
How's it going today? Did you talk to your lawyer or the mortgage company?

Here's a little something I found out on my lunch hour today. I contacted the local clerk of courts. They were not familiar with what a pre-trial was but I told her I thought everything was taken care of. She was kind of scratching her head too because she saw the letter we sent in response to the first summons we received. Attached to it was a copy of the forebearance agreement. I e-mailed their attorney last night but I'm not sure if he'll get into much detail with me since he represents the mortgage company. I tried to contact the mortgage company but I had to leave a voice mail. The clerk thought that was the best route to take was to contact the mortgage company and go from there. I'm just waiting to hear back from them.

I've got my fingers crossed...

Hi Mishele,

I'm real sorry to hear about your problems with Americrap. Things are changing within the company so you might be OK. I would go to msfraud.org and read up on what other people are doing to protect themselves from the mortgage thieves.

Lefty

Okay good news :-) My hubby talked to the lawyer's office regarding Ameriquest today. He called me at work after the conversation. It seems that it is something that our county courts do concerning foreclosure process. I'm not sure why I wasn't told that earlier when I spoke to the court office. So, according to the lawyer's office we really have nothing to worry about. They got the same notice today and they will also respond to the court. They told us to look for a dismissal something this week from the court. If not, follow up with them because we should not have to attend this pre-trial conference in August. The lawyer's office is also going to follow up later in the week. They also said not to worry about being "one" day late regarding our payment this month. They shouldn't do anything nor would he pursue it. We went round and round with Ameriquest in the beginning so this whole thing could have been avoided in my opinion. Good news though! :D

Lefty,

I agree with the Americrap statement :lol: When it's possible, we will refinance with a better mortgage company.

Mishele,

Do not refinance with Wells Fargo Home Mortgage. They are as bad as Ameriquest.

Thanks Tammy for the tip. It's amazing how great these companies seem when you sign up with them but when you need help, you have to jump through hoops to get nowhere. Unfortunately, it's going to be late next year before we will be able to do anything.

Mishele, I am soo glad things worked out for you! Doesn't it suck, though, that you wasted the entire weekend worrying? Been there!!

Hey Mishelle, I am glad things worked out for you. I know its tough. I agree with Tammy Wells Fargo is vultures to if that makes you feel any better. KYSIDE38

Great news,Mishele...
It's scary enough buying a home, you can't trust the realtors, you can't trust the owners, and you can't trust the banks...hmmmm

I'm glad it worked out for you, finally! It seems like the harder we work the more screwed we are getting around here, everyone seems to have stuff come up a lot lately!! Congrats, girl!!