
Renee of Tracy, CA on March 20, 2012
Satisfaction Rating1/5
I would like to request assistance and referrals and make a complaint against GMAC Mortgage. I believe they have made false claims by phone as well as sold my home on a date that was not publicly disclosed nor posted on my home as the law defines necessary.
My name is Renee **. I purchased my home in January of 2009 with my grandmother who recently passed away. I was in process of making a modification agreement that did not close prior to the passing of my co-signer. The bank made several delays without fault of my own which has now made a hardship on me as I no longer have a cosigner. The dates of their disclosures and phone conversations led me to believe that my home was still safe and we were in process of making an agreement. These statements made by GMAC were false and misleading, resulting in the illegal sale of my home.
On January 20th, I spoke with a GMAC Mortgage representative per their request for more paperwork which I had already turned in on previous occasions. Documents would expire after 30 days and they were asking again for updated proof in order to resubmit. Over the phone, they asked me for one bank statement in which I had turned in to them that same day, January 20th, along with my pre-approval for Keep My Home California. I was informed this process would take a few weeks.
My next contact with GMAC was due to a notice I received stating my home would be placed for sale on 2/6/12. This notice was posted on my door. I called GMAC and asked why there would be a sale date if we were in process of the modification through the Keep my Home California program. I was assured I should not worry and that as long as I am working with them, it is illegal for them to sell the house. Nothing was mentioned of my status on the program or qualifying for the approvals. They stated that the notice is due to their underwriting department changing the date at the end of the month. This made it sound as if it was standard procedure and nothing to worry about.
On February 15, 2012, I called to check on the progress of my modification. It had been a few weeks since the January 20th conversation when all papers had been turned in. Upon speaking with the representative, I was informed that today my home was up for sale as we spoke. I inquired about how it was possible to sell my home when I was in process of a modification and she informed me I was denied for the modification. No notice was posted to inform me of this sale date on February 15th. I was not informed in writing that my modification was denied. The justification given over the phone was that a representative attempted to call me on 2/5/12 to inform me of other paper work needed. I do not recall receiving this message and I had just turned in all of the paperwork for the third time on January 20th.
In addition, the phone call they claimed to have left me was only ten days prior to the sale of my home. No other contact was attempted to inform me of the situation and I had no knowledge of the banks actions. I feel that had I been notified about this situation in writing or with them posting a notice on the door, this would have been averted and I could have gotten the appropriate help I needed to save my home.
The GMAC representative provided me with an executive trust to call. I tried to make contact with them and was informed that I needed to have GMAC notify them first and then the executive trust would switch the title back in my name. I called GMAC to make this request and they said, "Sorry ma'am, I can't help you."
I have tried countless websites, phone numbers, attorneys and resources. I am not sure who can help me. It is my clear understanding that they have made many delays on getting the information in a timely manner to the underwriting department per their company requirements. These delays resulted in prolonging the process and communication appears to be kept from me on purpose in order to proceed with the foreclosure. The unfortunate passing of my co-owner of the house shortly followed those delays. I have been hit with several hardships over the past few years and need to be put in the right direction to save my home. If I had known that they would be putting my home up for sale, I could have delayed it with bankruptcy or filing other claims. I know the representatives clearly mislead me to believe that everything was in order and that nothing could be done so long as things were in process.
I am no longer in foreclosure. My home is sold to the original lender of my note. I have tried to call programs and I am passed the point of their assistance. What the bank did was not legal. Falling into foreclosure was due to a disability I had as well as special circumstances that led to increase in family members. I am now back to work and making my original pay. I was trying to work with the bank and I feel they illegally took advantage of me and gave false hope to avoid me taking further actions.
If you can help me, please contact me at the phone number above. The other resources refuse to assist me without high fees paid up front which I do not have. I am aware that an attorney is needed to perform many of the duties that need to be done from here but I am unable to find one that is willing to speak to me let alone make an appointment without upfront costs.