I am 78 years old, and a retired realtor with GRI degree. My problem with this mortgage #** began early. I owned my home when I was hit with medical problems, had medical costs that my insurance didn't cover, and my son had medical costs from an automobile crash and was severely injured. I decided I needed to take a small loan on my apartment building and proceeded to call different lenders, I had worked with in Real Estate. Things had changed, all the building and loans I was familiar with had closed, apparently a part of the mortgage lending and bank lending crisis that hit in the early 90's.
I saw a familiar name 'Buckeye Savings'. I called it, and ask if they were still giving loans. After discussing the details, they said that they were giving loans and I made an appointment with them. When I arrived, the gentleman who had misguided me took me to an office where a lady entered later and she said she was there to close a loan for Equicredit/Equifax. I was shocked. I would never take a loan from that company, every one in real estate knew they were a horrible company. However, the medical bills were swamping me, so I borrowed $30,000.00 on my apartment building which I had kept to live in a unit when I became old. It was within walking distance of drug stores, grocery store, post office, etc. - the necessities of life.
Equicredit closer got the mortgage amount up to $31,000. I agreed to the terms; fixed rate, number of years and payment each month of $239.28. That was a small loan on a very large 5-unit apartment building in Madeira, Ohio surrounded on the sides by the most expensive and exclusive area of Indian Hill,
populated by the rich, except on the edges. I knew I could pay it off sooner, and get back to now owing anything in my old age. However, I had never attended a closing that wasn't closed by a bank officer, or affiliated closing officer. I ask the young lady, if she was a closing officer, attorney, trainee or affiliated closer. She said no. I was expecting that because she was not very professional. At the time of the closing, she asked if I wanted to escrow my taxes and insurance. I replied, "No, I pay that myself and keep the interest building in the bank."
She handed me a stack of papers; my copy of the closing mortgage. That is the law. I called to her, but she had left the office. My papers were completely blank, by that I mean no signed contract. I got her address from Buckeye and after telling him what I thought of his trick, he replied that he got me a mortgage. Yes, but I could have gotten that myself and there was his fee. Needless to say, I was angry. I went immediately to the offic at Reed Hartman Highway and confronted her secretary that I needed to talk to her immediately, she had given me no copy of the mortgage I signed. I insisted that I get a copy and waited until I did get it. That was the beginning.
Then within a few months, I was paying my mortgage with rent money, so I had insisted that I pay on the 10th working day of each month. I noticed right away the payment stub stated a fee if it arrived late. Just to be certain, I added that fee, but still always paid by the 10 working days. I found out later, the servicing company took that to mean I was late all those months I included the fee. I stopped paying the late fee that I didn't owe. Equicredit accused me of late payments, and I pulled out my mortgage and read the terms to them. They sent me a letter stating I was correct and a quick apology.
Then Equicredit put the loan in the hands of a servicing company, still owned by them, called Fairbanks, which had a logo on the letterheads that looked home drawn and poorly at that. They also tried to get me to pay a late fee and I went through the same routine with them about the contract. Shortly after that, maybe a year, the servicing company was Select Portfolio Servicing. They started trying to hit me for a late fee too. I went through the contract with them, but they still kept harassing me for the late fee. I started sending my payment with certified return copy. I must have sent it that way for well over a year, then I decided to open a small account in another bank and let the payment be withdrawn from my bank and I would have a record on my bank statements.
Imagine my surprise, when it showed up as a deficit, but no name to whom it was going. I called my bank, and told them that was a check, a mortgage payment and although I know they call to verify and you get no returned checks showing the cancellation info on the cancelled check. Now I have the bank statement showing the words mortgage payment each month. The bank got the message and we seemed to be working fine. But now, just as the great depression started, SPS started harassing me about putting their insurance on my mortgage. Well, I had a tree limb fall on the roof and had to have the insurance people arguing with the roofers for up to 4 months before I got the final good repair. Meanwhile, my insurance was in limbo, because it was an act of God, not my fault. After paying the cost of the repair, Nationwide immediately cancelled my insurance.
SPS took this opportunity to put their insurance as high as over $400. I wrote them immediately and said 'No, I have insurance.' They never took it off, until I proved my insurance paid and I also told them I never agreed to escrow taxes or insurance. I pay my own. They however, claim I let them pay insurance and taxes although I never received any receipts or paperwork showing that. I would have objected loudly. Now, I am in a situation whereby I have mascular degeneration, age related blindness, and am fighting to keep my eyesight that is left. I am with a doctor/surgeon of the eye institute and have shots in the eyeball and laser surgery as well as open surgery.
I am trying to keep my eyesight, because my brain is still good and I am not easily fooled by the mortgage company. They also moved my payment place, to a further distance hoping I would be late with payments, but I caught it and sent it early. They jumped my rate, from whatever it was (all my papers and receipts are packed and ready to be moved to my apartment) due to seven medical conditions. My doctors insist I not stay in my home anymore. I cannot immediately pull out the receipts and now having all paperwork to my apartment, I cannot get all these receipts and paperwork together quickly. Some are in piles and boxes here at the apartment, and some are packed at home waiting with me to move in early spring and not have my furniture ruined by rain, sleet and snow we get in abundance in southern Ohio.
However, I do recall two times I knew I sent it late and that was due to my hospitalization. They say my mortgage is in default, that I owe them for taxes and insurance they paid. They say that they never have proof of anything because I know what I am doing, was darn good realtor and know the business. I never missed a payment! Then them jumping my interest rate, they were not allowed to do that because the loan was taken out in 1998 and the fixed rate was protected and still is on my contact. I never signed an escrow for taxes or insurance. My taxes and insurance are in tact, my interest rate cannot be increased. They also threaten to foreclose, I have never missed a payment.
Equicredit/Equifax and their hired harassers are the worst in the country. In fact, the Cincinnati Enquirer had on its front page, in Dec. or Jan. of last year and article, titled Select Portfolio Servicing worst company in the U.S. I am going to call the Enquirer and see if I can pay someone to look up that article and make a copy for me, including the date.
I am sick and being harassed every month. I need a class action attorney, according to your web site there are extensive numbers of people reporting SPS, or some good attorney to write them a letter stating they must stop the harassment. It is affecting two of my medical problems and causing them to worsen. I have diabetes and digestive problems with my whole digestive system, stomach and colon which worsens every time this stress is on me, as well as stress raises blood sugar and could cause me to have a stroke or heart attack. You can see I need some help.
Yesterday, I opened my stained glass door, and taped to the glass was a notice that SPS had inspected my building. I am angry, the building has a private sign on it, because now in this depression I cannot rent when I never had that problem before. I plan on occupying the bottom two units for myself, and my disabled son is in one, if I decide later to rent one of the first floor apartments, I will. Right now, I need to get my furniture over here and sell off what I don't need. I have made this a private residence until the rental market comes back, and when it does, I will still move here when I sell my house. They had no business in crossing that private sign, even the fire department and police cannot open my front door. They laughed about it, so I put up a lockbox for them, if they need to get in, but until my plans are set, no one enters.
I am hoping there is a class action suit in progress against Select Portfolio Servicing. We have a great class action attorney here in Cincinnati, named Stan ** and if there are enough people complaining, he might be interested. I am looking for help, because they are driving me nutty. Please help me, answer my letter, and let me know my options. I have little money until my house sells and the market is bad during the depression. I hope to sell it in the spring, i hope the market is better.
One more fact: Equicredit has been sued in class action suit before, and they had to pay.