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On Your Side: Mortage Fraud
WRDW.com ^ | 2/23/2007 | Jeff Anderson

Posted on 02/24/2007 10:32:51 PM PST by ex-Texan

The FBI says it happens more in Georgia than in any other state...and you could end up losing your home because of it.

It's called mortgage fraud.

Maybe someone steals your identity and takes out a loan, or maybe your company tacks on illegal fees.

12 On Your Side's Jeff Anderson tells you how not to be a victim.

Shirley Alvarez made a career out of serving her country in the military. But after she got back from her last stint overseas in Korea, she says she got a nasty surprise.

"They told me I missed a mortgage payment," she said.

She says that was virtually impossible because the military paid her mortgage like clockwork.

When she finally talked to a representative at Countrywide Mortgage, they told her company records indicated she had been late on every payment for eight years.

"I'm looking at seven or eight thousand dollars in late fees."

Not to mention thousands of dollars in other miscellaneous fees. Shirley's attorneys eventually advised her to sell her house. In the process she says she lost a lot of money and her comfort zone.

"I haven't lived in an apartment for 30 years," she said.

Shirley isn't the only who feels like she got shammed.

"I send them in by money order...that way I have my receipt," Chris Williams told 12 On Your Side.

Chris has been paying her mortgage that way for years. She and her husband did get behind on their payments, but then she made six straight double payments of more than $800 each to get caught up. To her surprise, EMC Mortgage told her they never got the extra money...even though it was sent in by money order.

"They're not returning my money, but yet they say I'm behind on my house."

How much is she behind? EMC tells her she owes more than $11,000. She knows she was late a few times...but that's a lot of late fees.

If she can't pay it, she may lose her house.

As of now, neither accusation has been proven in court. 12 On Your Side is talking with both mortgage companies about these problems, looking for a resolution.

You may wonder how this could happen...but several websites have pages and pages of complaints about these sorts of practices.

In 2003, mortgage company Fairbanks Capital settled with the Federal Trade Commission for $40 million. The company was charged with, among other things, levying illegal late fees and other unauthorized fees.

Shirley and Chris' attorney, Angie McElroy, has been dealing with these types of cases for years. She says even though these are big powerful companies, you do stand a chance to set things right.

"They're pretty good if you call them on it," she said. "A lot of times mortgage companies will settle."

That's just what Shirley asked McElroy to do...and the first step is a 40 page legal complaint. The goal is to get Shirley's money back--money she feels was deceptively taken from her.

"Big time...cheated, abused, feel like I been raked through the coals," she said.

There are ways to protect yourself.

Every year, ask for a transaction history from your mortgage company, not a payment history. A transaction history will have all the fees.

Countrywide said this about Shirley's mortgage:

Countrywide deeply regrets this issue was not resolved in a timely manner.

When Ms. Alvarez's situation was brought to our attention, we took immediate action to rectify the situation. The late fees in question will be immediately refunded.

But they didn't have Ms. Alvarez's contact information. They wanted it from us.

Ms. Alvarez tells 12 On Your Side she doesn't want to talk to them.

Her attorney says she should get about $6000 in refunds.

After 12 On Your Side looked into the complaints, EMC Mortgage representatives say the extra charges on Chris Williams' home were a mistake and will make things right.

That will save her $11,496.

Adding both of those to our 12 On Your Side cash register, we've gotten $200,460 back for you.

View Video Report on WRDW


TOPICS: Crime/Corruption; Government
KEYWORDS: fraud; idfraud; kelo; mortgagefraud; mortgages; realestate
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Actually, the correct term is 'mortgage servicing fraud.' It is even worse when the mortgage company passes the responsibility on to a third party corporation. Proving you have been defrauded is very tough. It is even tougher when the lender has hired a scam artists to hide your payments in an internal accounting maze. Without your cancelled checks showing proof of payment, you do not have a chance. Learn more about this loan servicing fraud?

Mortgage companies have the courts lined up to rubber stamp foreclosure actions swiftly. It is almost an automatic process in some states.

Mortgage lenders often claim 'mistake' as an excuse after they have been caught in television investigations. Just like Bubba Clinton: "I made a mistake," this excuse gets lots of winks.

1 posted on 02/24/2007 10:32:54 PM PST by ex-Texan
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To: M. Espinola; Calpernia; Hydroshock; RobRoy; GodGunsGuts

*Ping*!


2 posted on 02/24/2007 10:34:17 PM PST by ex-Texan (Matthew 7: 1 - 6)
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To: ex-Texan

"Shirley's attorneys eventually advised her to sell her house"

I know this is not the point of the article, but this was an incredibly stupid advice. She owed 7-8000 in late fees, but she had to pay that anyway AND she lost on selling the house, whereas, if she just paid it and kept the house, the house would keep appreciating. She could have refinanced or taken out a second to cover the late fees, if she didn't have the cash.


3 posted on 02/24/2007 10:39:17 PM PST by FairOpinion (Tell Congress: Work for Victory in Iraq. Stop Hillary. Go to: http://www.TheVanguard.org)
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To: RockinRight; Letaka

ack ping


4 posted on 02/24/2007 10:45:52 PM PST by Shimmer128 (I can withstand everything except temptation...Oscar Wilde)
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To: FairOpinion
You cannot refinance a house after your mortgage company reports that kind of bogus history (late payments for eight years). But if a person were able to refinance, the interest rate would be very high. The lender totally shafted her. I assume the woman wants to sue Countrywide Mortgage for monetary damages plus several million in punitive damages.
5 posted on 02/24/2007 10:47:31 PM PST by ex-Texan (Matthew 7: 1 - 6)
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To: ex-Texan
See more here:

Morgage Service Fraud Org

This is an informative site about morgage servicing fraud and what consumers can do to fight it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

6 posted on 02/24/2007 10:50:23 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: ex-Texan

If they refunded and called it a mistake it would be removed from the credit bureaus as well. A letter from the creditor admitting error is all you need to have something removed from your credit file.


7 posted on 02/24/2007 11:13:19 PM PST by veryconernedamerican
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To: veryconernedamerican
When they have high priced lawyers, good luck. Even when you make your payments on time and have canceled checks or receipts to prove payment, unscrupulous mortgage servicers still tack on all kinds of fees and run up charges and so forth and then they foreclose. There's a lot of this mortgage servicing fraud, especially in the subprime lending markets. A lot of it is just greed.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

8 posted on 02/24/2007 11:20:02 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: ex-Texan
There was a case involving 65 year old Melba Gillean in Tulsa, Oklahoma. Ameriquest got socked with a 6.3 million dollar veedict due to outright mortgage servicing fraud. A twist in the case is they demanded payments for loan proceeds that were never disbursed and they destroyed this woman's credit rating by filing falsified delinquency reports with the credit reporting bureaus despite the fact she paid her loans on time. So in this industry you have white collar criminals who just manipulate the law to scoop up cash and drive people out of their homes. Its extremely difficult to win against these crooks in suits. But at least some people are standing up to their rip-offs.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

9 posted on 02/24/2007 11:42:47 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: ex-Texan

Once my mortgage company sold my mortgage to another company. When I tried to pay it off, they told me, "they don't allow people to pay off mortgages unless they come into the office personally."

Being the company was 1400 miles away, this was ridiculous.

Another bank insisted we send payments to Brooklyn, but wouldn't credit them until the Brooklyn office sent them to Atlanta. We always used to send certified because they would always lie about when they recieved payment. After they did the Atlanta thing, we would send payments out over a month early and they still would insist they were late.


10 posted on 02/24/2007 11:49:06 PM PST by I still care ("Remember... for it is the doom of men that they forget" - Merlin, from Excalibur)
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To: I still care
That report is very common. I have heard about other cases in which lenders refuse to issue a deed after the home is paid off. Some mortgage lenders view the loan as lifetime servitude. Reality is far different than most people realize.
11 posted on 02/24/2007 11:56:37 PM PST by ex-Texan (Matthew 7: 1 - 6)
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To: ex-Texan

BTT


12 posted on 02/25/2007 12:11:41 AM PST by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: I still care
There's another good Internet resource on predatory lending and mortgage servicing fraud here:

Center For Responsible Lending

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

13 posted on 02/25/2007 12:34:31 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: ex-Texan
A lot of people have fully documented payments and this is the only industry in which customer service is unknown. Even when they still get paid, predatory lenders don't care. And weary homeowners are left holding the bag.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

14 posted on 02/25/2007 12:36:54 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop

Sounds like it's only a matter of tome before one of these companies shafts the wrong person and ends up with a crazed gunman killing a lot of people at the home office.


15 posted on 02/25/2007 1:45:10 AM PST by Farmer Dean (Every time a toilet flushes,another liberal gets his brains.)
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To: ex-Texan
Our house was paid off but we wanted to do some remodeling. We went to Citibank & got a loan. We realized we needed more money & would get a better deal with CitiFinancial. Got the loan and then the problems began. We kept getting calls from Citibank saying we were behind in our payments but CitiFinancial had paid that loan off. Then Citibank tried to tell us we hadn't had insurance on the house which was BS big time. They were calling us everyday with threats of foreclosure. We finally got it all fixed but I am watching them closely. I don't trust them and we intend to pay it off asap. It took a lot of work to clear it up and they were not at all understanding. The worst part is that both companies belong to Citigroup. Shaking my head again...
16 posted on 02/25/2007 1:49:54 AM PST by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: ex-Texan
"I assume the woman wants to sue Countrywide Mortgage for monetary damages plus several million in punitive damages."

She likely has one of those draconian arbitration clauses buried in the numerous forms and probably cannot sue them in any court, do any real investigation, recover attorney fees, join in a class-action or obtain punitive damages. Plus she would also likely have to pay thousands of dollars to have the matter heard by the mortgage companies chosen arbitrators. The Federal Arbitration Act: real good for some companies...

17 posted on 02/25/2007 5:45:22 AM PST by Abogado (The great majority of mankind are satisfied with appearances, as though they are realities.)
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To: LibreOuMort

ping


18 posted on 02/25/2007 7:31:09 AM PST by sionnsar (†trad-anglican.faithweb.com†|Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
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To: goldstategop; Hydroshock; Calpernia; M. Espinola
Another mortgage company is shut down in Arizona over consumer fraud allegations. This company had 75 branch offices:

Eagle First Mortgage Shut Down

Who is going to buy all those overpriced houses with all the fraudsters shut down?

19 posted on 02/25/2007 9:14:57 AM PST by ex-Texan (Matthew 7: 1 - 6)
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To: ex-Texan

bump


20 posted on 02/25/2007 9:31:29 AM PST by Calpernia (Breederville.com)
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