CitiMortgage removes funds from account unauthorized

[503guy]

I have a first mortgage through ASC and a second through CitiMortgage. I’m in forclosure process and working with an attorney to file BK 13. Short details are house is worth less than second, I’m in 1^st of 3 HAMP trial payments (third one will be 12/1) and I’ve delayed BK until I understand ramifications of BK in regards to HAMP process.

Anyway, I have not made a payment since 2/09 to CitiMortgage and received notice from a friend of mine asking why I had a payment of $630 made to CitiMortgage? The draft was initiated 8/31 and completed 9/2. I never made any authorization and called CitiMortgage.

Background: On a few previous occasions when I had gotten paid for a job (self employed) I had cash in hand to pay mortgage but not the time to put into account for payment. I asked a family friend if I could use his company’s bank account to make over the phone payments and I would give him the cash to deposit later. He was helping me out, I have NO authorization on the account and my name is not attached in any way to his account or business (remember, this is his companies account (he owns the company)).

I first called on 9/14, then 9/18, 9/28 and 10/2. I note this because all the calls were unproductive until 9/28 and 10/2. After some serious run around I’m guessing the other reps put me in touch with the woman who authorized the transactions (these reps knew I was hot).

I was told earlier that the account was in process to be written off, but due to the sudden “payment”, it was back into collections. I explained I am in BK (but yet to file) and in no way could I authorize a payment since other creditors could possibly “claw back” funds. The rep (I do have her name and direct line but at this time will not post it) stated she had spoken with me and o.k.’d the payment. I stated she needed to dig up those recorded conversations to prove this since I was POSITIVE I never made contact regarding this Besides I said it looked like a damned fishing expedition since funds removed was for $653 and my payment on my second mortgage is $652.78. Her reply was that rounded amounts were done all the time.

I’ve since received letters stating they are reminders to confirm my payment and so forth. She also said she would look into this but to no avail. She did call back a couple of times to update her ‘research process’ but now I know its smoke and mirrors.

My friend is going to file a lawsuit to recover his money but at this time only wants back what is his. Involving an attorney is just going to make more expensive an issue than it needs to be. And my own attorney has said there is nothing I can do as it affects his account.

I hate seeing a friend get screwed for helping out so I am asking is there anything I can do to forward my issue to higher authority at CitiMortgage?

[Evan Bedard]

Hi 503guy,

My friend is going to file a lawsuit to recover his money but at this time only wants back what is his. Involving an attorney is just going to make more expensive an issue than it needs to be. And my own attorney has said there is nothing I can do as it affects his account.

I hate seeing a friend get screwed for helping out so I am asking is there anything I can do to forward my issue to higher authority at CitiMortgage?

I would just continue to call and fight. Ask for a supervisor or manager each and everytime you call. That is completely unacceptable and I'm not sure why they are not willing to work with you on this..

[503guy]

Hi Evan,

Thank you for getting me in the right direction. The other times I call it just stalls or I get directed to another department, then another and a few times my call just drops. I'm certain this rep is not on the level and I need to reach a person there who fully can comprehend what position she has put the company she works for in.

Thanks again.

[Evan Bedard]

Your welcome 503guy and please keep us updated on the results.

[billw32]

if it was drafted as an ach item, he can call the bank and have it reversed, it is as easy as that. He needs to tell his bank it is not authorized and they should reverse it. Bill

[jack c]

WOW,i've been reading al these posts for the past 2 hrs. and it seems to me you pretty much have to have an mba just to keep up with all the termanalogy....God help the common man understand how all of this works out to keep your homes ???boy , you know i started out hitchikking with a dog and a guitar around America back in the 60's..does all this mean that's where we are headed back too? I mean I enjoyed the long strange trip and all, but figurered it was time to grow up and settle down after not making it in the music business, after 5 years it was time to find a good woman and get a job and raise some kids and buy a piece of dirt down by the riverside, and enjoy life and be somebody..but now I'm beginging to wonder if all this doing the right thing and paying in my 7th month of a trail period and not hearing anything positive from citi,and naca's submitted everything to my serivcer, servicer isn't that somebody whose suppose to serve you? well anyway i just keep struming my guitar down by the rainbow riverside here in florida and wait and see what happens next..at leaset the fishings good, the wheathers fine, and the view is stupendous..you all take it easy and hang on in there, anyway, and with the good Lord's help well make it thru all this somehow and maybe even get to keep our homes...God bless each and everyone of you wonderful people i call, friends... and brothers and sisters in arms, jack c

[Elora123]

Truer words were never spoken, jackc, the hardships and suffering many of us on these boards are going through is bordering criminal. I am certainly glad I don't sit in a position in one of these banks where I would have to judge someone, listen to there pleas for help and then slam down the gavel.......you lose! Yes, we do all answer to God, and may He bless each one of us here and keep strong in the fight. Some of us will lose, but we will have the knowledge that we stood up and fought. When one door is closed another opens. I am standing strong to the finish.

[jack c]

elora123, thanks for your wonderful comment..I feel like woody guthery, in the grapes of wrath or something. well now citi tells me i don't quilify for any of the goverment programs, but they are trying to get me a traditional mod. does anyone know what the difference is and how does a traditional mod work? does it mean i can build equity or sell my house whenever I want to, or would i still be under the restrants of the hamp loan mod? my servicer didn't like the idea that i don't have much equity $2200. that's all and i owe 130,000 on 138,000 for 5 yrs.@6.5% and 30 yr. mortgage.payments were 1250. a month but now there going for 750 or less a month. which isn't to bad. I hope i won't have to pay a down payment as am on s/s disability and we don't have much safety net build up. maybe they can add that on to the end too? i don't know but citi wants to finish this up maybe next week which would be great for thanksgiving !!! please advise, thank you all !!jack c