
Kimberly of Luck, WI on Aug. 21, 2008
Nov 2006 we started to fall behind in our monthly payments to WAMU, in Feburary 07 we finally worked with Loss Mitigation on a modification. I called to check status in early March and was told they had lost everything. So I resent everything. Finally in April we had a modification agreement. FIXED rate of 6% and rolling in $17,000+ in their fees etc. Figured I went into the foreclosure and was very happy to save our house. We also had to pay $3000 when we sent in our modification.
Our first payment coupon came, and it was excatly the terms we had agreed upon, I was very nervous about WAMU & figured they had something else up their sleeve. We made the first pmt, then our second pmt coupon came and our payment had went up $1,300 per month, I called right away, they said they did not roll our taxes of $4,300 into the loan as they said they would. I asked if we paid approx. 3 pmts, we should be caught up. They said yes. We decided to just make it and get it done. Made that payment.
Then we get notice with the next pmt, that our interest rate had suddenly became adjustable. I called right away, and explained there was no ARM language in my modification & was told over and over that I had a fixed rate. After rudely being told I was a loser etc.. the modification would adjust 1% every 6 months for the rest of eternity. It would only go up 1%, it would never go down. I explained that with the increase for my taxes for the next couple of months, that would put me over. I was then told, the $$1,300 per month for the tax escrow would go on for 24 months.
I explained that it was an escrow account and they couldnt charge me $1,300 per month for 24 months on my original balance of $4,000+/-. Well of course they can, they can do anything. I explained I would not be making any payment on the Arm, as then I would be accepting their terms. Next my tax escrow statement came and my escrow had increased to over $7,000. No one could explain how an escrow balance of $4,000 and two $1,300 payments against it, could all of a sudden be $7,000. I refused to make the next payment and filed a complaint with the Federal Trade Commission and the Better Business Bureau.
After being contacted by the Better Business Bureau, WAMU sent me a letter, and sure enough I had a fixed rate & it should have never went into an Arm. They then had wonderful news, they were going to give me ANOTHER modification. It would be fixed rate at 5% (WHAT, no-one was getting 5% fixed rate). This modification was sent to me within 48 hrs rather then 90 days & I was asked what this situation had done to my marriage. (again, awful concerned and warm & fuzzy for WAMU). I was not yet 30 days late, so I told them to send it out to me and I would have my attorney look at it. Well for that bit of kindness from WAMU it would cost me another $16,000 +/- to get this new modification. The new modification arrived & as I read it, it was a fixed rate of 5% and they even added language that it would be fixed for ever and ever. However, when I got to the second page, it had ARM language. So what was it? fixed or an ARM. My first modification only had fixed language, and it magically turned into an ARM. So this was quite confusing.
I quit making payments to WAMU in October 2007. Oh, yea, my home sits on 6 acres and then we have an additional 40 acres that was used as collateral. The first modication the 40 acres was omitted. The second modification it was back on. They dismissed my first foreclosure proceedings,and have not filed as of today another foreclosure. They have not sent me a payment coupon in this past year or any correspondece (except the letter apologizing for how awful their customer services reps had treated me and that my loan should have never went to an ARM). They call from time to time, I acutally contact them more then they contact me. I am trying to find a real estate lawyer to take a look at this.
Have met with 3 different attorney's and they all say do not make a payment. But they are not qualified to handle this case. From the first foreclosure, I was harrased, humiliated, treated as badly as I could have been. Since not making a payment the past year it is just not like them to leave me alone. Just wondering if anyone else has had this type of problem.
I feel there is some Truth-in-Lending violation in this matter, but I am from a small town and none of the lawyers have experience with this type of law. They recommeded I find a Lawyer specializing in Mortgage Law. Is there anyone out there, that would like to take a look, I would be more than happy to go over it with them.
We have been in our home for over 13 years. It was a re-fianance with what turns out to be a very bad, unscrupulous loan originator, who has since fled the country, his house, his loan processors home, and many of his clients have all lost their homes to foreclosure. I have questions as to what he submitted to his underwriting and expecially our appriasal. But of course, very difficult to get any answers. And too late since he is living on a beach in Israel, now. Economically, because of their mistake and potential truth-in-lending violations the charges etc will probably be well over $50,000 when all is said and done. Our credit has been destroyed. It has put unbelievable stress on our family.