ABN AMRO IGNORED CANCELLED CHECKS THEY CASHED AND FILED FORCLOSURE ANYWAY the business that doesnt give a dam JACKSONVILLE Florida
In july of 2002 i became behind in my payments due to personal reasons divorce, kids, I have a son under a neurologists care as well. I do understand they got annoyed with my late payments and flagged my acct late all the time. well they should of flagged it "late but always pays "and always pays late fees. I was given a payment plan in july 02 ended in dec. i paid the plan however it looks as if they held my checks for over a week at times i always mail day of check or before or day after, jacksonville is only a 2 day mailing for me at the most. They tryed to force me into foreclosure in nov when i showed "10 days late" right there that should of warned me. i didnt pick this mortgage company they bought out my loan. ive been in this home for 15 yrs now. in dec i was short the 184.00 because i was exhausted working 2 jobs night shift in hospital i thought i finished in nov. anyway they didnt bother me about that when i figured out i shorted them 184.00 which was the extra amt i was to pay ec month on top of my mortgage i sent it with febs payment. i thought everything was cool i actually paid july thru jan within a week of payment due day. jan i was within 30 days feb i was 32 days late but i paid a payment and the 184.00 they accepted it. I took a new job in nov i "had " to buy a decent reliable car so i could work this job it was a huge pay increase. i made all those payments on time. so i was financial stressed again but knew this was temporary. at the end of feb my son needed help i had to help him this made me behind. so i sent marchs payment 4/16/03 with a note telling them i would pay aprils payment before april ended and mays in 2 wks and junes in 2 wks so june would be on time for the first then i would put them on auto withdraw from my acct. they returned my check and informed me they had sent my acct to their attorney for foreclosure. well at that point i owed march it is april and i guess april as well if the 30th had passed. so i sent march and aprils payments in april with a certified letter. now they are holding my checks and trying to foreclose. they filed may 12th they had the money in hand and they still went ahead. i have sent march, april, may and junes payment aprox $2200.00 in checks and they are not returning them but they are not cashing them ether. looks like im in default doesnt it? i sent all of these certified mail as well. i sent mail, i called i did everything i could but noone could even tell me what they thought i was in default for. i got the runaround for months the foreclosure dept who sent my acct to the lawyer couldnt even tell me what i owed. well it took until may 27th to get anything from them they faxed a document to a family member telling me an amt they say i owe them but it doesnt add up. long story the faxed document isnt itemized its just a lump amt owed to the bank and now lets not forget the legal fees and other fees now im up to 4000.00 pay up or loose your home. its dated may 27th recieved and send and the letter says pay by may26th or this is void, well may 26th had already passed!!! now i am hiring a lawyer and have to pay him. does anyone know if there is a rule about how many months you have to be behind before a judge can aggree to foreclose on your home?
i have reported them to everyone i can. according to court file they claim i defaulted in feb, i recieved no disclosure, no legal notice, no opportunity to fix this, i sent all cancelled checks to them and their attorney and got nowhere.
i spoke to their atttorney as well as them have phone bills to prove it. anyone know if this mortgage co has other names? please let me know. i do understand their frustration with my lateness but i always pay and this yr my best yr when i can now pay on time they do this .....
Michele
Deltona, Florida
U.S.A.
2 Updates & Rebuttals
Andy
Cincinnati,Ohio,
U.S.A.
Problems w/ ABN agreed to dismiss the foreclosure proceedings
#3Consumer Comment
Tue, July 05, 2005
We have had nothing but problems with ABN AMRO. We missed one payment in October 2001 and they began foreclosure proceedings immediately. We finally hired an attorney and, after 10 months, ABN agreed to dismiss the foreclosure proceedings (after we paid over $5000 in legal and late fees).
Unfortunately, Mrs. Sonia Rozelle (an ABN "specialist") badly mishandled our case. She failed to file the proper paperwork and our repayment agreeement bacame null and void. We then had to go through all the paperwork again. It was January of 2003 before we had a proper repayment plan in place (or so we thought).
When ABN re-aged the mortgage, they somehow changed our account number. All of the payments we made from January '03 to September '04 were misapplied. Again they attempted to foreclose ( after we "missed" 22 payments)and then agreed to stop foreclosure if we paid over $19,500 fo the "missed" payments. They then agreed to loan us the $19500 and add it to our principal! Needless to say we pointed out their error. We would like top refinance but, as of July 2005, we are still trying to get ABN to renove the inaccurate info from out credit reports.
Brian
Allen Park,Michigan,
U.S.A.
I hope you can resolve your problems with them
#3Consumer Comment
Tue, June 10, 2003
I am actually kind of surprised to hear this of ABN Amro. Being in the mortgage industry for quite some time, I hear my share of stories about certain companies, but not to this extent with them. From the looks of it you weren't even 60 days down on your payment?
Generally, the bank will not start the foreclosure process until you are 90 days past due, and even then they usually try to work with you to bring the account current. But if you are a "chronic" late payer, this may change because usually it is at their discretion. Unfortunately, every state and every lender has different guidelines when it comes to foreclosure. 9 times out of 10, the only way to stop foreclosure once it has started, is to work it out with the bank. Whatever they say you are behind in payments, fees etc... I believe if it is paid in full, the foreclosure process must stop.
I'm sure it will be blocked out of here, but if you need any other suggestions or info feel free to email me at bolson802@comcast.net
Good luck