EMC and chapter 13

[tired]

Lender: EMC in Lewisville, TX
State of residence: NJ

I have a lot of questions and I'm still reading to see if I can find the answers I need. As first time home buyers we made a lot of mistakes. First, in trusting a mortgage broker when I asked about having an attorney look over the paper work and being told, "oh, that's not necessary. It's all pretty cut and dry"

I'd like to see if anyone can answer my first question. It's all so very complicated!

• We filed petition for chapter 13. Our petition was dismissed but has since been re-instated.
• Can we apply for loan modification?

I might add that we asked EMC for a loan mod. in Jan. 08 and what we were given was a forbearance - although our loan was not in default. I didn't even realize the difference between a loan mod. and forbearance agreement!

Our mortgage payments are current but according to EMC, they are not current. I am still trying to get them to explain why they say we are not current. It's like pulling teeth. When you call them you get shuffled around and everyone you speak to tells you something different. I sent them a certified letter with a list of 19 questions I need answered. Hopefully they will respond in writing as I've requested.

Sorry - didn't mean to start rambleing

[tired]

I probably should have mentioned that my mortgage is not part of the chap. 13

[Moe Bedard]

tired,

Welcome to the forum and thank you for joining...............

Even though the property is not in the BK, you might still need permission from the court for a modification if EMC has the file coded as a BK.........but when you call EMC they will let you know the answer to that question.....put together a hardship letter using the examples from the Homeowner Tool Box to the left of the forum...........

Here is the link to EMC's hardship page with the options and info needed for them..........
https://www.emcmortgagecorp.com/emcc...keepmyhome.jsp


EMC Loan Workout Dept.
1-800-723-3004



Send a QWR (Qualified Written Request) click on the link below for more information...........and send it certified mail return receipt requested to the addresses below...........

Free Foreclosure Help, Stop Foreclosure, Short Sales - Loan Safe


EMC Mortgage Corporation
2780 Lake Vista Drive
Lewisville, TX 75067-3884

EMC Mortgage Corporation
Attention: Customer Service
P.O. Box 293150
Lewisville, TX 75029-3150



Please keep us posted on your progress...........

[tired]

Thank you for your reply. I will definitely keep you posted with my progress. And I'm sure I'll have lots more questions!

I strongly suspect there are some "iffy" practices going on relating to a suspense account.

If anyone has any experience dealing with EMC I would love to hear from you. It is my opinion that they are less than reputable.

Thanks!

[tired]

Update...

All we're doing is spinning wheels with EMC. Everyone we talk to gives us conflicting information. We contacted our local FBI (Mortgage Fraud Division), and were advised to no longer even try to communicate via telephone and have been sending certified letters. It's beyond ridiculous.

They are adding charges to our account and we get calls from their collection department twice a day, Monday thru Friday -- and sometimes on Saturday. We have not missed a payment and never pay late. Still, they say we are in default.

We worked with Hope early this year and they were supposed to be helping us get a loan mod. I still don't understand how we got into a forebearance agreement when we were not delinquent. Everything I've read indicates that a forebearance is only for those who are in default.

We're so tired and so disgusted that we're ready to just walk away from the house and mail them the keys.

We've asked for documentation to explain these charges they say we owe but to date they have not been sent.

I cannot believe that these mortgage servicers are so unprofessional and get away with all their BS. Even after EMC was fined $28,000,000 by the FTC they are still up to their old tricks.

Where do decent hard working people go for help?

[Moe Bedard]

Have you asked your attorney from the bk why the payment amount that was agreed on for the mortgage through the bk isn't keeping up with the mortgage and that they keep charging you these fees............and if so, how is the attorney telling you that you should handle this?

[tired]

The mortgage wasn't part of the bk

[Moe Bedard]

When you were put into the forbearance program for those three month, even though at that time you were current, were your payments for those three months of forbearance less than your original payment amount? Because in most forbearance programs when you are not late..............the payment is usually a partial payment to give relief for those months.






At this point you may want to consider going through NACA to see if you can get some help, so that you won't have to deal with EMC...........
click on the link for the info.........
https://www.naca.com/refinance/refinanceTenStep.jsp


Also you can file a complaint with HUD if the QWR was sent certified mail return receipt requested and the servicer didn't acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position.

Filing a RESPA complaint

Persons who believe a settlement service provider has violated RESPA in an area in which the Department has enforcement authority (primarily sections 6, 8 and 9), may wish to file a complaint. The complaint should outline the violation and identify the violators by name, address and phone number. Complainants should also provide their own name and phone number for follow up questions from HUD. Requests for confidentiality will be honored. Complaints should be sent to:

Director, Office of RESPA and Interstate Land Sales

US Department of Housing and Urban Development
Room 9154
451 7th Street, SW
Washington, DC 20410

[tired]

Thanks, ***..

EMC has two more days in which to send me a reply to one of my letters. I'll see what happens.

I was told by one of their CS reps. that they were supposed to send us a document to explain the fees they have been charging since we filed chapter 13 -- which I might add has now been dismissed. Since they never sent anything, I have another letter ready to mail on Monday asking for a copy of that document.

I appreciate the link to NACA. It looks like that might be a good option for us. I'll read more of the info on their site and contact them next week.

In hindsight, I now see that our problem actually started with our mortgage broker. Our credit score at the time did not warrant a sub-prime loan.