America's Servicing Company violations ripoff FREDERICK, Maryland
My husband and I filed Chapter 13 bankruptcy in May, 2004. Since that date, America's Servicing Company has not only repeatedly called and mailed us foreclosure warnings and default notices, but they have also returned the mortgage payment for September that we made, saying they were going to foreclose.
NOW they have filed suit against my husband AND myself - even though I am not on the mortgage, and signed a document at the closing to the effect that it is his separate property. ASC has no scruples or fears regarding violating federal bankruptcy laws, and I do not intend to sit still for this illegal and stressful behavior.
Lori
Slidell, Louisiana
U.S.A.
1 Updates & Rebuttals
Lori
Slidell,Louisiana,
U.S.A.
America's Servicing Company
#2Author of original report
Thu, November 11, 2004
After suit was filed, attorney for ASC was informed - again - that his client KNEW we had filed bankruptcy. After apologizing to my attorney for his error, he said the matter would be dropped. It was NOT. Today he filed a Motion to Lift Stay, effectively trying to get the bankruptcy lifted and saying we had not made a SINGLE payment on the mortgage. Fortunately I have bank statements, but have to order canceled checks to attach to my Answer for the Court. As far as I can tell, aside from suing ASC and asking for monetary damages, there is absolutely NO WAY to stop this corporation from taking every single home they hold the mortgage for. Court date is set for 12/7/04. Will update as we go. Please let me know if anyone has had a similar experience and what the outcome was. Thank you.