Complaint Review: Gmac Mortgage DBA DITECH

I agree with the previous rebuttal. Your story sounds a little questionable. As far as I know, no mortgage company will return a check, whether it's short or not. And no mortgage company will foreclose on you if you're making an attempt to honor your obligation to them.

Second, their info about the new construction and the tax adjustment is pretty accurate as well. But if your house wasn't a new construction, your escrows can still change a bit every year upon review. Taxes and insurance can go up, you know, and it's up to the mortgage company to collect for that if you escrow.

Next time you get a mortgage, don't get it online. This is the biggest debt you're probably going to incur in your life and your house is your biggest asset. Why would you trust this transaction to a computer and a bunch of people you've never met? I don't get it. Do you buy a car online? How about your appliances? I doubt it. So why would you get a mortgage online? You should sit down in front of a real professional and have the opportunity to look right into their eyes. If you're not comfortable, run.

Just my opinion.

WHAT YOU DON'T UNDERSTAND IS THIS HOME WAS AN EXSITNG HOME WHEN I REFINANCED WITH GMAC IN OCTOBER 2000 I HAD CURRENTLY BEEN WITH ANOTHER MORTGAGE COMPANY FOR A YEAR BEFORE I REFINANCED IT WITH GMAC DBA DITECH.COM. SO THE TAXES AND INSURANCE WAS ALREADY COMPOSED WHEN I FINACNED WITH THEM. I HAD BEEN LIVING HERE A YEAR BEFORE IF REFINANCED IT. THAT'S THE REASON I AM ON THIS SITE IS BECAUSE THE TAXES AND INSURANCE DIDN'T CHANGE BECAUSE EVERYTHING HAD BEEN DONE PRIO TO THE REFINANCE. BECAUSE LIKE I SAID I HAD A PREVIOUS MORTGAGE COMPANY FOR ABOUT A YEAR BEFORE THAT ALSO WAS AN ESCROW ACCOUNT SO WHY WOULD THE TAXES AND INSURANCE CHANGE WHEN THEY HAD ALREADY CAME OUT AND ASSESSED THE PROPERTY. ANY ANSWERS TO THAT. I WROTE INCORRECTLY ABOUT IT BEING A NEW HOME AND A NEW FINANCE IT WAS A YEAR OLD BEFORE IF REFINANCED WITH GMAC.

Just some questions and general information for you. Your home was brand new. That right there was the start of your problems if no one took the time to explain this to you. When you build a house, you build it on a lot. The taxes when you close though, are based on a bare lot (the assessor won't come out and do a new assessment until their normal annual time, which never seems to correspond with the time you had the house built). So let's say the lot is assessed at $500 a year for taxes. So they base your escrow payment on that, $500/12 months.

When they assessor goes out and assesses your property, they go, hey wow, a big house, now the bare lot is improved, and lo and behold, your property taxes soar to $2000. That leaves you $1500 short from the prior year, PLUS, they have to make up the deficiency for the next year of $2000. (My math is not exactly how this is analyzed at the mortgage company but you will get the rough idea here.). So now instead of $500/12 months, you have $3500/12 months. And yes, the bills is yours, so you have to pay it.

What the mortgage company does is called an annual escrow analysis. It would have been included in a statement and/or sent separately. Most people don't understand them or don't even open them.

The analysis of course made your payments go up, and when they did and you continued to make the lower payments, they returned them. This is a clause in your mortgage commonly referred to the "Full Amount Due" clause which states that they can only accept the full amount due, or they will take nothing. So if your payment went up $248, just as an example, and it used to be $1000, so you sent in $1000, you sent what they considered a partial payment, so they returned the check most likely with a letter telling you they don't accept partial payments and to please remit the "full amount due".

The fact that you are still in the house after not paying all this time is really remarkable. I hope you are saving those payments, because even if you somehow prevail at trial (doubtful), you will owe all of their attorney fees and all of those back payments (including escrow), which will be a substantial sum.

What is your attorney's take on this at this time? If you have an attorney, I am unsure why you are on this site asking for advice.

I HAD POSTED THIS REPORT SEVERAL WEEKS AGO AND I HAVEN'T HAD ANY RESPONSE YET SO IF ANY ONE COULD HELP ME IT WOULD BE GREATLY APPRECIATED. IF ANY ONE KNOWS WHAT I CAN DO OR CAN'T DIRECT ME IN THE RIGHT WAY I WOULD BE SO GRATEFUL.

THANKS

so vickey if you paid an attorney what has he done gone to mexico with your money and why arent you making him do his job?????? iam sorry but this story sounds a little fishy to me
first gmac never never sends checks back
second gmac never lets you go with no payments?
third gmac never admitts they did wrong
fourth there is noway in hells name they can get a report to any agency over night to report you behind in payments
WARNING TO ALL I HAVE BEEN TOLD THAT SOME OF THESE STORIES ARE BEING POSTED BY ATTORNEYS LOOKING FOR CASES IF THIS IS TRUE SHAME ON YOU
IT HAS BEEN CLEAR TO ME FROM MY CASE THAT GMAC IS DOING WRONG SO WHY ARENT THERE ANY CLASS ACTION SUITS OUT THERE WHAT THE HECK ARE YOU ALL WAITING FOR I HAVE BEEN TO COURT FOUR TIMES WE ARE WAITING FOR GMAC TO RESPOND TO THE LASTEST COMPLAINT THIS TIME WE ARE GOING TO WIN BECAUSE I WAS ABLE TO GET COPIES OF THE CHECKS THAT GMAC SAID THEY NEVER GOT AND ON THE BACK WAS THE DATES THEY DEPOSITED THEM SEEMS THEY LIKE TO HOLD CHECKS FOR 30 DAYS AND THEN FORECLOSE ON YOU ALSO I WAS ABLE TO GET RESPA INVOLVED AND THEY AGREED GMAC IS AT FAULT WHAT GMAC DOESNT REALIZE IS THIS TIME THEY MET A MEAN DAWG ANY BODY WANT HELP EMAIL ME MY STORIES ON HERE AND ITS FREE ALL I WANT IS FOR THEM TO PAY FOR THEIR WRONG DOINGS

if any one has any information that would assist me in how to get this resolved please let me know any information would be helpful... thanks so much