Saxon Mortgage - Mortgage Servicing Fraud Forum

08/28/07 at 03:10 PM

#71

I urge everyone who has a mortgage problem with Saxon to File a complaint with the Federal Trade Commission. I just did. I was told that the more complaints that are made against these people the more attorneys look into the case. Phone #877Ftchelp. They will give you a reference # so that you can continue complaining on things that happen after complaint is filed. We all need to stand united and fight, the more of us that voice that we are being massacred by a predatory lender the better. Also there is a place called Homeownership Preservation Foundation. They can help with defaults and foreclosures. Phone#8889954673. You will have to hold for a little bit, but its worth it. I don't know what or if they can do anything, but they knew istantly that I was dealing with a predatory lender. They are sending something to Saxon calling them out on it. I will write on here everytime I find a new place that we can file a complaint and be heard. I refuse to lay down and die, I am going to fight.

08/28/07 at 03:19 PM

#72

http://www.kerrysteigerwalt.com/public/late_fee_lawsuit/

This is a huge law firm that I contacted that deals with mortgage companys and all of there excessive fees. Please call them and tell them your story. They deal with law suits against lenders with the big money. It takes a few minutes to tell your story. Once, again the more of us who make our voices heard the better response we are going to get. Someone will hear us and help us.

08/28/07 at 03:53 PM

#73

Do some research before contacting ANYONE about your own MSF situation. I know nothing of the above-referenced law firm other than what I just read on the page associated with the link. That being said, whose names are missing from the list of supplied potential defendants? In and of itself, that is enough information to make me wonder a bit. It also makes me want to call the firm directly and find out what they know about handling MSF cases before I sign on with them. The fact that they've named lenders more than servicers as the primary responsible parties makes me wonder if they're going at things the right way. Just my .02. Worth a phone call to find out.

Also, definitely file complaints with the FTC. Just don't expect them to do much to help. At least not until they get enough complaints. An FTC action has also been brought to my attention that Fairbanks/SPS victims may want to read up on. Apparently, the FTC doesn't feel that the settlement in a case v. NetFlix provides enough restitution for the victims involved and has submitted amicus briefs to that effect. Which leads me to ask the following question:

The FTC will become involved enough in a CA aimed at recovering and/or making sure that the victims involved won't be further hosed on their $19.95 per month Netflix memberships and will submit documents to the court stating that the FTC does not feel that the proposed settlement sufficiently protects the class members yet, if disbursed equally (which it wasn't for reasons associated with CAs) the FTC felt that roughly $143 per victim in USA/Curry v. Fairbanks was enough restitution for victims that were fighting to save their HOMES ? Visit http://www.ftc.gov and search "Netflix" in the top right corner or search the case on the web for more info.

jodi

08/28/07 at 07:15 PM

#74

Matt- I am certainly not interested in being ripped off anymore than I already have been. Do you have advice on good solid questions to ask attorneys when it comes to predatory lenders, excessive fees, late charges or suspense accounts? I am trying to arm myself with as much info as possible.

jodi

08/28/07 at 07:17 PM

#75

Sorry, I meant Mike Dillon.....

08/28/07 at 08:52 PM

#76

No worries, Jodi... Honestly, I don't have any great formula to give to anyone searching for legal counsel. I spoke with more than 150 law firms when I was initially embarking on my search for legal counsel. Of those 150, 4 of them told me to either "stop being a deadbeat" or "quit trying to get out paying your mortgage". The rest would look at/listen to me with blank stares and either tell me that they had conflicts of interest or they wanted a $30k retainer. There was one firm that I flat out laughed at when they said they wanted $2500 just to review my case.

Ultimately, it comes down to who you feel the most comfortable with, who is most willing to work with you, who will listen to you and who makes you feel the most like they actually want to play ball with you. Beyond that, you've got to go into the relationship knowing that there is always the possibility that your counsel could all of a sudden do a complete 180* on you and you've got to be prepared for that day just in case...

I got lucky, I think, in the sense that the attorney I have running blocker for me was the first one of the 150 to look me right in the eye and tell me that things like MSF "happen all the time." Turns out he knew what he was talking about as he had ridden a case nearly 15 years prior to me finding him that was possibly one of the earlier cases of MSF. Back then, no one had any clue as to what was being done to borrowers at ANY level. And we, as victims, wouldn't be nearly as far along as we are - and still often times ahead of some of the attorneys - without the internet as a tool for us.

If you're looking for representation, Jodi, try using the advanced search function at http://www.martindale.com . Look for consumer protection attorneys with litigation, banking/finance, securities and or tax experience within the firm. If you're close to state lines don't forget to look over the border as well. Once you find a possibility, call your state bar and ask about the attorney's license status and any complaints. If they still look good after that then make the call to them. The more calls you have to make the better your pitch will become.

First thing you need to do is identify the major entities that you're potentially up against and have the firm run a conflict check. No sense in going through your pitch if the firm is going to wind up with a conflict of interest. Saves you both time too. After that, all you can do is tell an attorney what happened and see if they're interested. There ARE several multimillion dollar verdicts out there. Those cases can be found in the Legal Lounge at MSFraud.org. Few MSF cases get to verdict stage though because most of them settle out before they can go before a jury.

That's about it for what I can recommend. I'm sure others will have things to add as well. Drop me a line directly if there is anything else you'd like to ask but don't want to do it publicly. Remember too, that this board is watched constantly by everyone in the industry. If you don't want something to be known to whoever you're up against - don't say it out here. Similarly, be wary of anyone that you either contact or who contacts you about your case. We're all just trapped in that little gray box next to your desk as far as you're concerned. You don't know any of us any more than we know you. For that reason alone, be extremely careful as to what info you choose o tell someone. There's always a chance that it may end up coming back to bite you if you're not careful.

Babs

08/28/07 at 08:55 PM

#77

Jodi,

Take some time and read through the postings here. There is more then enough information here. Dee and other regular posters did an awesome job of providing help and guidance on how to get organized with your paperwork and even what questions to ask a lawyer before you hire him to represent you.

Do yourself a favor and read, read, read. I did and I gathered a lot useful stuff.

Again, THANK YOU ALL for your input.

08/28/07 at 09:55 PM

#78

Thank you very much for your insight and thanks for the warning.

Just a friend

08/31/07 at 08:57 PM

#79

I've read several messages on this site and can provide a few pieces of information that may help you all - you decide...All mortgage lenders can use an "accellaration of clause" (see your deed of trust) which say the lender has the right to demand full amount owed and not accept partial payments. That is why most lenders don't take 2 payments if 3 are owed (etc.).

Also, I've worked at 4 mortgage companies and none of them allow calls to connect to their research/cust relations department. This is not unusual. Those employees normally have an outbound phone line (in case they ever need to make an outbound call). Sorry, but it is the truth. Think of it like calling the IRS and asking for Uncle Sam

.

Most mortgage companies seldom approve having a prepayment pen waived. The few companies that do approve of such will only do so when the borrower uses the same servicer to refinance the loan. I think Saxon is a servicer so they probably don't own most of the loans they take calls for the actual company that does (this is considered a securitized loan- just an fyi). They may be why you all are getting the run around on short sale and loan modification request.

There is no excuse for any company to not return phone calls but these things are occuring in every industry (cellular, auto, warrenty companies, etc.). I wonder what ever happen to old fashion CUSTOMER SERVICE? The kind where every business valued the customer and did everything within their power to make things RIGHT. Or was that just my imagination or a mirage from a dream I once had.

Hang in there...
Stay prayerful...
and Keep hope alive!

JAF

Just A Friend

08/31/07 at 09:10 PM

#80

Oh yeah... I forgot to add:

Register all of your complaints with the Better Business Bureau because the lenders response and resolution goes on file through BBB as an executive complaint. That escalates your issues up to a Vice President or someone in a higher role the company

.

Even if someone else in the company does the research the attention to resolution gets more visibility that way. This will also help you with your legal battle because you will have another method of tracking the companies failures.

One more thing... for the person with the incorrect social sec number issue...next time just have them to check your credit application to verify your correct number. Then make them correct the information in their database. This problem existed at every mortgage company I've worked for also because of manual data entry functions. One wrong stroke and everything goes down hill.

JAF

fred

09/01/07 at 01:50 AM

#81

help me i paid evey payment on time i got behind on a payment .they set me up for a repayment plan paid it off. but know they have raised my rates so high it is double plus fees they say the lawer charged i went from 443.00 to 806.0 per month . im going to have to file bankruptcy

Stacy

09/04/07 at 07:35 PM

#82

I received a message on my cell phone on 8/31/07 from yet another rep from Saxon. I returned his call today to see what they could possibly have to say to me now. He wanted to know if I had come up with any funds to stop the foreclosure. The new amount owed had grown by about $1000! Basically, I told him the same thing I have been saying all this time. If I had that amount of money, I wouldn't be here to begin with. I then told him that it never should have gotten this far in the first place. We did what was asked of us. He was unable to do anything which is what I expected.

Can anyone tell me what happens from here? Our house is supposed to go for sale on the courthouse steps on 9/6/07. I don't know what kind of time frame I have to get all of our belongings out or what to do with keys etc. At times, I still can't believe that we're in this situation. I have heard from some that it will probably be about 10 days from the close of the sale to 30 days. And what happens if it doesn't sell? One question I still haven't been able to figure out is why they would rather spend so much money foreclosing on us than to simply work something out with us! Can anyone answer that for me because it just doesn't make sense.

O -

09/04/07 at 08:50 PM

#83

What have you done so far? And What state are you in?

Get off the phone, and start getting things in writing ASAP.

O -

09/04/07 at 09:31 PM

#84

I don't know much about that kind of thing, You might want to go back and read your mortgage contract, see if there is anything that you may have missed regarding foreclosure?

Is your attorney not helping you with this?

Did you know the interests rate was going to go up? Is it an AJ? or Fixed? What was it before, If you don't mind?

Like I said, I don't know much about workouts or foreclosure, But Good Luck to you.

Quote:

Originally Posted by Stacy

My husband and I with our two children are in the process of moving out of a home that we bought 3 yrs ago. I had contacted saxon several months ago to let them know that I was having difficulty paying the repayment plan that they had set us up on. To make a long story short, a few years ago, my husband had to take a much lesser paying job because he has heart disease. We then had to file chptr 7 but we kept the house. On top of this our apr has jumped to 12.25% and any repayment plan is almost double what our original payment was. I faxed in paperwork to try to get a loan modification and we were assigned to a rep. But then he either quit or got fired. I found out only 2 weeks ago that they never re-assigned us to anyone and in the meantime, we received letters of foreclosure. I finally had had enough of faxing all the paperwork in over and over and talking with someone different each time who didn't seem to know what was going on. I called in and talked to a gal and just basically told her that I needed someone in the workout dept. She then informed of all of the above and she would email the manager of that dept right away to re-assign us to someone asap! as our house was due to go on sale on courthouse steps on 9/6/07. After talking with this rep many times now, (by the way, they never return your call; you have to call them numerous times before you get who you need) we were informed that to save our home, we would need to come up with a sizable down payment. My husband told them if we had that money in the first place, we would not be in here right now. I feel that all they want is to take our house and that they don't want to work with us. We have contacted our attorney and he has verified that they never filed any paperwork with our chptr 7 so we are not liable for anything. We also have documentation from their attorneys saying the same thing. I have kept this letter in a very safe place as I do not trust them. How can this be happening? Isn't there anything that can be done? I would be very interested if there is.

another victim

09/05/07 at 04:58 PM

#85

My daughter's home was sold at sheriff's sale this morning. Guess who bought it? Saxon mortgage. They are the ones who foreclosed and they bought it back. What now? I thought that if she declared bankruptcy this nightmare would end. But from what I have read, this may never end. She paid $83,000 when she bought the house 18 months ago and when they forclosed, we tried to buy it back for her, but they said they don't do short sales. They say she owed about 100,000 before the foreclosure due to attorney's fees, but I think they know how much equity was in the house and wouldn't let it go to sheriff's sale until what she owed was equal to the equity. How much will they come after her for? Will bankruptcy protect her? And what if she doesn't declare bankruptcy? I'm afraid she'll be victimized again by a bankruptcy attorney. I feel so bad for her. She was only 21 when she bought the house and I couldn't believe anyone would loan a 21 year old enough money to buy a house. I tried to reason with her, but an unscrupulous mortgage loan originator had her convinced that it was a great idea. Then her mortgage was transferred to Saxon. If anyone has gotten this far in the process, please advise. Thank you.

Confused n annoyed

09/07/07 at 09:04 PM

#86

I am very sorry to hear of what everyone has gone thru with this company. I just found this site while browsing and have read what others have been put through by this company. This may seem very minor that may turn into something much larger (I hope it doesn't) and not sure how to handle and would like to know others thoughts. I pay every month on time. I have a third party servicer who sends a check every month like clockwork. I monitor my statements and are up to date and just recently started receiving "courtesy calls". I'm a bit confused. 1. If I am current yet still pay within the grace period (15 days) why would I get these calls? 2. When I call I am told I am late although I am within the grace period but not charged any late fees.
Has any one ever received calls from an auto dialer only to call the company and be told that was just a "courtesy call" ? I am annoyed by being told by their rep that I was late( wasn't very nice about it). There was also alot of silent time and typing time on their part. Now being that it was a holiday week I may not have anything to worry about (not interested in rocking the boat). However seeing posts from not just this website but others has me a bit concerned. I have been documenting calls that I make, getting names ,dates and times.

Moose

09/08/07 at 10:17 AM

#87

Quote:

Originally Posted by another victim
My daughter's home was sold at sheriff's sale this morning. Guess who bought it? Saxon mortgage. They are the ones who foreclosed and they bought it back.

That's not unusual. They probably were just servicing the loan and decided they would rather pay off the original note and flip the property for a profit. Or, the market in your area is depressed enough that they were the only viable bidder. Then again, they may already have a buyer waiting in the wings.

Quote:

Originally Posted by another victim
What now?

Depending on the state you live in, they will obtain a court order to have your daughter removed from the property in some number of days. She may or may not have reinstatement rights, but again, those are typically state-law issues and she needs to talk to a local attorney. What could happen which will only add to her problems, is if she isn't out by the time specified, they will hire a company to come in and literally take everything she owns and either leave it at the curb or have it stored (again, local law applies). If they do store it, they will even charge her for that.

Quote:

Originally Posted by another victim
I thought that if she declared bankruptcy this nightmare would end. But from what I have read, this may never end.

The reality of life is, bankruptcy is almost always just a temporary delay. If you look at the statistics, less than a third of chapter 13 filings are discharged (the plan completed successfully). There are very few bankruptcy attorneys who know how to effectively challenge a proof-of-claim. They are mostly in business to grind out the paperwork and don't charge enough to actually act as a zealous advocate.

Quote:

Originally Posted by another victim
She paid $83,000 when she bought the house 18 months ago and when they forclosed, we tried to buy it back for her, but they said they don't do short sales. They say she owed about 100,000 before the foreclosure due to attorney's fees, but I think they know how much equity was in the house and wouldn't let it go to sheriff's sale until what she owed was equal to the equity.

How much equity did she have? And consider that equity is driven entirely by what the house is worth on the market - not how much she paid for it. You can bet that at least half of the fees were utterly bogus, it's too late for that unless you have the resources to spend on an attorney.

Quote:

Originally Posted by another victim
How much will they come after her for?

It depends on what they say the balance was and whether or not she's in a financial position to pay anything. They may try to get a defficiency judgment and come after her, but if there was any equity left in the property there shouldn't be a defficiency.

Quote:

Originally Posted by another victim
Will bankruptcy protect her? And what if she doesn't declare bankruptcy? I'm afraid she'll be victimized again by a bankruptcy attorney.

As with all things legal (and this isn't legal advice), it depends. Bankruptcy is more complex than it used to be. She may not even qualify for it because of her income, other debts, other assets, etc. If they do file (sue her) for a defficiency, she really does need to have an attorney.

Quote:

Originally Posted by another victim
I feel so bad for her. She was only 21 when she bought the house and I couldn't believe anyone would loan a 21 year old enough money to buy a house. I tried to reason with her, but an unscrupulous mortgage loan originator had her convinced that it was a great idea. Then her mortgage was transferred to Saxon. If anyone has gotten this far in the process, please advise. Thank you.

She is far from alone. This is how the sub-prime system was designed to work. As others have stated numerous times, EVERY FORECLOSURE EVENTUALLY CREATES ANOTHER LOAN.

Seriously, she needs local legal counsel.

Trish

09/08/07 at 11:39 AM

#88

Been there---

I fought with Saxon for three years before finally letting them take my house.
I filed Chp 13 to stop a sale, things went along fine for awhile, but all they were interested in really is taking my house. The more money I gave them the more money they said I owed, Iwas in a tail spin. My attorney couldn't
get through to them either. After I determined that the fight, added fees, my attorney fees and going from 13 to 7....I finally let it go. There is an attorney that someone from here sicked on me that is looking in to a class action law suite, but I find that his form that he requested I fill out has very little to do with what happened and seems to have more to do with what I have now? I will try and copy the form here to see what you all think of it.

Trish

09/08/07 at 11:45 AM

#89

This is a questionaire I was e-mailed to fill out so this law firm can determine if we qualify for this class action law suit (against Saxon) I really fail to see what most

of this questionaire has to do with anything. I have not filled this out yet, It just

is not sitting right with me..

1) Have you ever been convicted of a crime (felony or misdemeanor)? If so, please provide details.

Education (If you have a resume, please attach it and skip this section)

2) Have you graduated from high school?

3) If so, where and when?

4) Have you attended college?

Name of School:

Year?

Degree?

Major?

5) Technical school? Please list area of concentration and whether you received any degree or certificate:

6) Please list and describe all post-graduate education:

Marital Status and Family

7) If married, please provide the following information about your spouse:

Name:

How many years married:

8) Do you have children or other dependents? If so, list names, ages and relationship:

Employment

9) For the last 10 years, please list your employer(s), position(s), dates of employment, and salary.

10) Do you have any other sources of income? If so, please provide details,

11) In the last 10 years, have you ever been terminated from any jobs. If so, please provide details.

12) In the last 10 years have you ever relocated because of your job? If so, please provide details.

Your Real Property

13) Please list all real estate that you own or previously owned, including the address, date of closing, date of sale (if any), and purchase price.

14) For each of the properties listed above, please list any mortgages (first and second), and/or lines of credit attached to the property, including for each the mortgage lender, any subsequent owner of the mortgage and/or line of credit, the amount of the mortgage and/or line of credit, the term of the mortgage and/or line of credit, the interest rate, and the amount of your monthly payment.

15) Are each of the properties listed in response to question 21 insured? If so, please list for each the name of the insurer, the date coverage was initiated, and the type of coverage.

16) What is the current value of each property listed in response to question 21. What is the basis for your response?

17) Have you made any improvements to the properties listed in response to question 21? If so, please describe, including the cost.

18) Has there been any significant damage to the properties listed in response to question 21? If so, please describe, including the cost of repairs.

Your Mortgage

19) For each of the mortgages you listed in response to question 22, please identify the broker /agent who represented the lender, and the location of the lender’s office.

20) Do you pay PMI (Purchase Money Insurance)? If so, please provide details.

21) Do you have mortgage insurance? If so, please provide details.

22) For each of the mortgages you listed in response to question 22, what was the date of closing?

23) Are your payments current? If not, please provide details.

24) Do your payments include payments into an escrow account? If so, please provide details.

25) Do your payments include any additional fees or charges? If so please provide details.

26) Has any lender threatened foreclosure or initiated foreclosure proceedings, with respect to any of your properties? If so, please provide details.

27) Do you have all documentation with respect to your mortgage(s), including application(s), notice(s), disclosures, correspondence, and executed loan documents. If not, please identify what you do not have.

28) For each of the mortgages you listed in response to question 22, please describe, in as much detail as possible, the problems that you have had or are having, including problems relating to insurance, fees, disclosures, credit reporting, threatened foreclosure, and debt collection practices.

Another victim

09/08/07 at 06:53 PM

#90

Thanks, Moose, you've been helpful. We live in Louisiana, and thanks to Katrina, her property value had increased to 102,000 in only 18 months. That's why they wanted the house. They knew it and we knew it, too. That's why we bid on the house at the sheriff's sale, but we couldn't outbid them. They have the house, now. I guess that means that when they flip the house, there should be no deficiency... we hope. Some people in the business told me that disreputable companies like Saxon don't want to go to court because their business practices will be subject to the court proceedings and public scrutiny. I think Saxon is a very small cog in a very big machine that may end up in some catastrophic consequences for the housing industry. I will monitor this site to see if any legal action is taken against them in Louisiana. I am sure they are taking property in New Orleans and surrounding areas. Thanks again.

Sorry, not good

09/08/07 at 07:07 PM

http://www.foreclosures.com/www/pages/state_laws2.asp?state=la

#91

Way To Go

09/08/07 at 07:14 PM

#92

Trish:

Law firms want squeaky clean borrowers for their lead Plaintiffs. The shysters representing the Defendant’s will reach for anything to discredit a Plaintiff.

This questionnaire is a “Are you now or have you ever been a deadbeat” test. Rather obnoxious if you ask me.

Trish

09/08/07 at 10:47 PM

#93

I thought it was obnoxious as well. I really don't feel like filling out a paper like this so a lawyer can decide if they want to pursue this or not, especially
a lawyer who is in a different state. Frankly, I think I am just suspicious anymore.

09/08/07 at 11:30 PM

#94

Another way to look at this law firm would be they are collecting this kind of data in order to file the suit.

The questions are posed as if they are taking your deposition for the lender/servicer.

It is not very well put together for a borrower that has just been in servicing hell.

If you submit the answers to these questions it doesn't mean you have
accepted his representation either.

On the other hand, if he is trying to get the essential facts of your case,
he doesn't go anywhere near the issues.

That annoys me. He should be telling you what issues he intends to raise
in order for you to determine if you want to join that class action.

Actually, I am happy you are suspicious. That's a good thing.

If you want to be a little bit snarky,
Main Entry: snarky

Function: adjective
Pronunciation: 'snär-ke
Etymology: dialect snark to annoy, perhaps alteration of nark to irritate
: CROTCHETY , SNAPPISH
*********************************************

Create your own list of questions.

Did you attend lawschool?
Where?
What year graduated?
Have you been admitted to the State Bar?
Do you have any complaints registered against you?

Are you married?
Do you have children?

What do you know about mortgage servicing fraud?

What issues do you plan to raise in the pleadings?

I'm sure you get the idea of my sarcasm.

At least you could get a laugh out of composing the questions.

Dee

jodi

09/10/07 at 03:55 PM

#95

Does anyone know where to find rules or laws in regard to mortgage fees? My pay history from saxon shows in June I was charged 3 property inspections fees @ $7.95 each. and 2 Breach fees @ $7.00 each. In January it show 6 property inspection fees. Is there a limit to how many times a fee can be charged for the same thing in one month? Also, what is an expense advance? I ran my credit report and it shows that Saxon makes inquiries at least 3 times a month. Does that lower your credit rating and why would they be inquiring. When I contacted Saxon in regard to rec. 3 different default notices with 3 different amounts in 6 days, she told me to disregard the notices that the computer broke down, but I was still charged a breach fee and property insp. fee for each one? I just wondered where any laws would be in regard to this.....

09/11/07 at 02:02 PM

#96

All of this should be spelled out in your note, Jodi. What you are looking for is who is to be charged for things like broker price opinions, property preservation fees, etc. Don't ever trust anyone on the other end of the phone when they say "ignore it". Get it in writing. And even when you DO get it in writing don't believe it 100%.

09/11/07 at 03:28 PM

#97

And to the frequency some of these more obnoxious fees
look to the Fairbanks settlement.

That is at least what the FTC wants limitation on the frequency and charged
fees to your account.

The place to look in the Fairbanks case is "Best Practices"

Dee

09/11/07 at 08:03 PM

#98

I used the RESPA sample complaint letter to lender. It took me a little over a month to get all the documentation for my proof of excessive fees, I have 9 different statements and documents with 9 different total amount dues starting June 18th to August 15th. I have been paying on my repayment plan but I am disputing that I am in arears. Now that I have seen the the documents from Saxon where they have been applying payments it makes a little bit of sense. There are 7 Prop. insp. fees and 5 breach fees for them to send out default notices in one month that is almost $100.00 that they have applied from our payment. Which in essence shows us being behind. Those fees were being charged months before we even ran into our payment problem. Regardless, I mailed that packet with all the documents and letter today and took a deep breath. I'm sure I will be told not to get my hopes up, but I feel like I have to try and dispute. We are suffering everyday in every way and the more information I can be armed with the better. Thank you very much for your help, believe me its very helpful.....

09/11/07 at 10:14 PM

#99

And also to be found in "Best Practices" they are not to charge for a legal
letter.

4 or 5 of them in amonth are excessive.

Write RESPA letters.

Build a case for you to sue them.

It is part of the paper trail.

Dee

Melissa

09/12/07 at 01:27 PM

#100

Hi Trish,

The questionnaire came from my attorney, Derrick Howard and a team of other attorneys handling this class action suit. I'm not sure of the relevancy of the questionnaire, but as I know Derrick personally, I don't believe he'd have us complete it for nothing. I've done so and returned mine.

09/12/07 at 08:41 PM

#101

Mike or Dee, I don't mean to be a bother. I'm having trouble understanding a few things. We never technically missed any payments. In March we sent 2 split payments instead of 1 because my husband started a new job. Saxon is saying they consider that a partial payment and they don't accept a Part. Pay. My note says they have the option not to, so where is the $1400.00 we paid? I have asked them this and they gave me the run around, I got the default notices in the amounts of 2900.00, 3500.00 and 4408.00 in 6 days of each other. Thats when I asked for a detailed pay history to see where payments were being applied. Then I saw all of these excessive fees and money going back and forth into suspense. Also on June 26th I sent our payment (plus an extra $500.00 to the so called arrears) certified mail. They signed for it on June 29th and held it in suspense until July 16th, the day after it was due. We were charged $170.00 in late fees. If it came down to them trying to foreclose, do we get to say anything in court about all the discrepancies and excess fees or are we considered in default because they say so? I have been reading through RESPA and FTC, maybe I am missing something...Jodi

09/12/07 at 08:47 PM

#102

One more thing, we have made all of our payments and are still making them. They are saying we are delinquent in the various different amounts above. All stemming from March's split up payment. Do you understand what I am trying to say. We haven't missed any...... and we have paid an extra thousand in the past two months, instead of owing $1400.00 for our sept. payment , they say we owe $4408.00. Its hard to explain....Thanks Jodi

09/12/07 at 09:28 PM

#103

Sorry, I thought you were telling us they intend to forclose with the reason
being all the excess fees.

I did not understand that you were merely complaining about them not accepting the split monthly payment.

If you are willing to pay the garbage fees and whatever else they are charging you.

I'm afraid I don't have any ideas for you.

Just try to get them to withdraw the forclosure with the next basket of money you send them.

You are failing to see that there is a scam in place for borrowers like you.
They will take your last thin dime and then forclose.

Lots of people think if they pay these charges that Saxon will just go away
after you pay them or sign a forbearance agreement. Please be sure to read it carefully, if they ever send the paper work. You should look for your
interest rate to go up. This is the only way they can legally change your
interest rate. Or they can add all the fees onto your principal at the end of your loan.

Sorry, I just don't know how to get around the split payment you want.
I did that one and boy does that help pay off the principal a lot more quickly.
So I finally got enough to pay ahead one month. Then I just sent them
a payment on the first and 14th. The grace period date. Then I decided to send next month's payment on or about the 25th and the 8th to give myself some breathing room.

Sorry for the confusion,

Dee

09/12/07 at 09:38 PM

#104

Not a problem at all, Jodi. You're really going to have to go back and read your note to see what is laid out for partial payments. I believe that it is possible that they may not have to accept a partial payment - or at least not apply it to your loan. My guess is that it was dumped into a "suspense account" until the second part of the payment showed up. I'd be willing to bet that your entire mess stems from the late fee that was generated when you split that one payment.

Now, if you have proof that a full payment was accepted and held until past due that is an entirely different story. Were I you, I'd be looking for a good consumer protection attorney versed in FDCPA, FCRA, RESPA, TILA, litigation, banking and/or finance, etc. before I did anything else. Your servicer is not going to willingly work this out with you at this point which I am sure you have come to realize. Depending on the state that you live in some of us may have some suggestions as to who and who not to speak to for legal counsel. I'd also start looking through http://www.martindale.com using the advanced search function as well. If you've got money that you have paid to your servicer that, in your opinion, is disappearing it's time to talk to an attorney.

Game on.

CJBH

09/15/07 at 08:46 PM