Homecomings bad business goes Nationwide Dallas Texas
My husband and I too are victims of Homecomings. Having filed for chapter 13 on 10/23/2003 we thought we were protected. Now two and half years later we found out different. Even though Homecomings had received notification from the U.S. Bankruptcy court regarding our case they filed for foreclosure anyhow on 11/11/03. They then during the course of the chapter 13 added on some mysterious fees and costs (these remain undisclosed) to our amount due to bring current.
Homecomings also took payments we made through our trustee and from ourselves and applied them towards fees, costs and a variety of other items listed on our statements. We had all payments to the trustee taken auto payroll deduction and have records of all payments made personally. Funny how 1 + 1 doesn't equal 2. We managed to pay off our chapter 13 two and half years early and it was discharged on 07/03/2006.
The last statement I received from Homecomings was dated 08/14/2006 and was still showing us in chapter 13. Yet now we are into a whole new month in which all of the sudden Homecomings files foreclosure on 09/15/2006 with no notice of default. I literally found out about the filing by accident, managed to retain council and respond before they even had a chance to formally serve the complaint.
So here we are, right back to square one, only this time we have no idea how we got here. I have contacted all of the appropriate agencys including the BBB, FTC, Ohio Attorney Generals office and any other place I could think of. Only time will tell what the result will be.
Bobbie
Dorset, Ohio
U.S.A.
2 Updates & Rebuttals
Bobbie
Dorset,Ohio,
U.S.A.
Things Looking Up in Ohio
#3Author of original report
Wed, November 01, 2006
Quick update for all fellow sufferers. A magic statement appeared in my mailbox one day said I was current on loan. Next payment due 12/01/06. Response from BBB today from Homecomings statesin a round about way yes we screwed up. However the delusional staff at Homecomings does not realize that while they corrected some they left a lot behind. I assume that they thought we would be happy with the quick fix. They claim to have cancelled the Foreclosure they filed on 09/21/06.
Hmmmmm still showing open at the court house. They also seem to be under the impression that a legitimate Forecloure complaint begins the day you call an Attorney. If I knew how to spell that little buzzer sound I would. Rules of the game are simple, he who files first wins. Since everyones situation is unique, I can only advise those with a Chapter 13 bankruptcy.
For starters look at all your paperwork carefully, filing dates are critical. Laws vary from state to state so look up your state laws and see what can and cannot be charged to you in fess, etc. My state requires that prior to starting foreclosure the lender must check with the Federal BK court to assure that the debtor has not filed for protection. Keep in mind that Homecomings charges interest on all those fees and expenses they tack on. So if atty fees are not allowed in your state then they probably owe you money there too. I am now finding that this is a battle of wits against an unarmed company.
Best of Luck To All
Bobbie
Dorset,Ohio,
U.S.A.
Oh GEEZ, what a surprise! LOL
#3Author of original report
Sat, October 14, 2006
Well wouldn't you know, Homecomings finally sends a statement on 9/20/2006 which of course is not received by us until 10/2/2006. Postal ponies must be slowing down. New statement shows payments sent along with monies being held from who knows when and an ending balance owed of 1766.01 which I promptly send on 10/05/2006.
On 10/13/2006 we receive three separate mailings from Homecomings, the first two are notifications dated 10/04/2006 which state that as of 09/01/2006 we owe a sum of 1425.01, giving us until 11/03/2206 to send in order to cure default.
This is followed by the statements or Homecomings may choose to accelerate the loan, initiate foreclose ect. HA!! morons apparently don't know that they have already done all of that. The second mailing we received was a new statement dated 10/05/2006 that shows payments being brought current, shows property inspection fees being paid( never once saw a body inspect anything ) and DOES NOT SHOW!!!! payment activity of fees and cost previously reported anywhere.
It does now however show a whole new set of fees and costs with a brand new total owed in the amount of $2050.46.
Well hang on to your hats Homecomings because this is coming pretty close to extortion along with violations in just about every other aspect of lending and consumer protection. We are filing not only a response to the Foreclosure Complaint but a cross Complaint as well.
Watch for more postings over the course of the next year as I anticipate that it may take this long or longer to play out.