Loan Modification Forum - LoanSafe.org - View Single Post - Home in Foreclosure due to CW error-Pls Help

rmanning · 01-09-2009, 07:49 AM

I need advice on how to handle this issue with CW.

Backstory -
We lived in GA, and hubby was discharged from military. He was without a job for 3 months due to layoffs, and we lived off of our savings. Feb of 2008, he got a job in PA. We relocated, put our home in GA on the market, and purchased a home in PA - getting a VA loan. We still own both homes, and both are financed with CW.

Fast forward to summer of 08. We had hoped that the house in GA would sell, but it did not. We couldn't afford two house payments, and we got 60 days behind on both. We decided that we could no longer pay the mortgage on our vacant house in GA, and started trying to get caught up on our payments here in PA.

Since we were 60 days behind, every month for the past 3 months when I pay the mortgage on our PA house, the send me a letter stating that if I do not pay the next payment by a certain date, then I will be 90 days behind and they will start foreclosure. I have NOT been 90 days behind.

Yesterday I went online to pay the mortgage, and didn't see our account listed, only the one for the house in GA. Called CW. Here is where it gets crazy...

They tell me that my home in PA is in foreclosure! I ask them how and they state that I didn't make a payment in Dec. I tell them I did and gave them the check number. Apparently, what CW did was instead of crediting the mortgage payment (which included an extra $400 to help pay down what we owe) to this house in PA, they credited it to the mortgage on the other house!!!! I never told them to do that, never gave them that account number, and I am not even on the loan for the house in GA, so how could I make an over the phone payment on it????

Anyway, now we are in foreclosure - we are about 10 days into the process. Had CW credited our payment to the right account, we would not be in FC, and in fact, we were planning on getting current on the loan within the next 3 pay checks.

CW said that it's not their problem, that the only thing I can do is pay all the back payments, interest, and now attorney re-instatement fees, or try for a loan mod. The loan mod can take months, and the FC process continues. I have to save this house.....can anyone tell me what I should do or who to call????? We cannot afford an attorney at this point.....I am physically ill over all of this

01-09-2009, 07:49 AM	#5 (permalink)
rmanning Junior Member Join Date: Aug 2008 Posts: 3 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Home in Foreclosure due to CW error-Pls Help I need advice on how to handle this issue with CW. Backstory - We lived in GA, and hubby was discharged from military. He was without a job for 3 months due to layoffs, and we lived off of our savings. Feb of 2008, he got a job in PA. We relocated, put our home in GA on the market, and purchased a home in PA - getting a VA loan. We still own both homes, and both are financed with CW. Fast forward to summer of 08. We had hoped that the house in GA would sell, but it did not. We couldn't afford two house payments, and we got 60 days behind on both. We decided that we could no longer pay the mortgage on our vacant house in GA, and started trying to get caught up on our payments here in PA. Since we were 60 days behind, every month for the past 3 months when I pay the mortgage on our PA house, the send me a letter stating that if I do not pay the next payment by a certain date, then I will be 90 days behind and they will start foreclosure. I have NOT been 90 days behind. Yesterday I went online to pay the mortgage, and didn't see our account listed, only the one for the house in GA. Called CW. Here is where it gets crazy... They tell me that my home in PA is in foreclosure! I ask them how and they state that I didn't make a payment in Dec. I tell them I did and gave them the check number. Apparently, what CW did was instead of crediting the mortgage payment (which included an extra $400 to help pay down what we owe) to this house in PA, they credited it to the mortgage on the other house!!!! I never told them to do that, never gave them that account number, and I am not even on the loan for the house in GA, so how could I make an over the phone payment on it???? Anyway, now we are in foreclosure - we are about 10 days into the process. Had CW credited our payment to the right account, we would not be in FC, and in fact, we were planning on getting current on the loan within the next 3 pay checks. CW said that it's not their problem, that the only thing I can do is pay all the back payments, interest, and now attorney re-instatement fees, or try for a loan mod. The loan mod can take months, and the FC process continues. I have to save this house.....can anyone tell me what I should do or who to call????? We cannot afford an attorney at this point.....I am physically ill over all of this