Complaint Review: Homecomings Financial

I understand your concern with Homecomings, I have worked with Homecomings many times in the past and know that most mortgage servicers are all the same. The criticism I have is how the report starts off, by starting in July 2005, because thats where it gets interesting. For any servicer to foreclose, you have to be atleast 3 months behind on payments, I have read many on here and few people actually say they have missed payments. In your case it sounds like they asked you to pay 12,990 up front to get set up on a payment plan with higher than normal payments. Is that correct? Second you would have had to sign an agreement to this plan, which would have stated you had to pay all payments on the plan by certified funds, which would make the personal check you sent them, not a valid form of payment, which is why they sent it back. Also since they said they sold your house, had a sale date been set prior to you paying them the 12,990 because unless all paymnents are made and the loan is current a sale is not cancelled only postponed and if you miss one payment by as little as one day your home can legally be sold. In your case no third party purchased the home at the auction, which means homecomings is stuck with the house, and would offer you cash for keys to leave early, as well as ensure that the home is left in good standing and not trashed as you are evicted, which happens a lot. I could be totally wrong as to your situation. But best advice is if you are ever going to miss a payment or think you are going to miss a payment, call your mortgage servicer and tell them. Its a lot easier to work with them before you account goes delinquent and then later in default where they can legally start foreclosure, because then you are only dealing with one department. And as most servicers, their foreclosure, collections and regular customer services departments could be spread out where one is in California, another in Pennsylavania and another in Texas, which means communication can be come a problem, between different departments doing different jobs.

I understand your concern with Homecomings, I have worked with Homecomings many times in the past and know that most mortgage servicers are all the same. The criticism I have is how the report starts off, by starting in July 2005, because thats where it gets interesting. For any servicer to foreclose, you have to be atleast 3 months behind on payments, I have read many on here and few people actually say they have missed payments. In your case it sounds like they asked you to pay 12,990 up front to get set up on a payment plan with higher than normal payments. Is that correct? Second you would have had to sign an agreement to this plan, which would have stated you had to pay all payments on the plan by certified funds, which would make the personal check you sent them, not a valid form of payment, which is why they sent it back. Also since they said they sold your house, had a sale date been set prior to you paying them the 12,990 because unless all paymnents are made and the loan is current a sale is not cancelled only postponed and if you miss one payment by as little as one day your home can legally be sold. In your case no third party purchased the home at the auction, which means homecomings is stuck with the house, and would offer you cash for keys to leave early, as well as ensure that the home is left in good standing and not trashed as you are evicted, which happens a lot. I could be totally wrong as to your situation. But best advice is if you are ever going to miss a payment or think you are going to miss a payment, call your mortgage servicer and tell them. Its a lot easier to work with them before you account goes delinquent and then later in default where they can legally start foreclosure, because then you are only dealing with one department. And as most servicers, their foreclosure, collections and regular customer services departments could be spread out where one is in California, another in Pennsylavania and another in Texas, which means communication can be come a problem, between different departments doing different jobs.

I understand your concern with Homecomings, I have worked with Homecomings many times in the past and know that most mortgage servicers are all the same. The criticism I have is how the report starts off, by starting in July 2005, because thats where it gets interesting. For any servicer to foreclose, you have to be atleast 3 months behind on payments, I have read many on here and few people actually say they have missed payments. In your case it sounds like they asked you to pay 12,990 up front to get set up on a payment plan with higher than normal payments. Is that correct? Second you would have had to sign an agreement to this plan, which would have stated you had to pay all payments on the plan by certified funds, which would make the personal check you sent them, not a valid form of payment, which is why they sent it back. Also since they said they sold your house, had a sale date been set prior to you paying them the 12,990 because unless all paymnents are made and the loan is current a sale is not cancelled only postponed and if you miss one payment by as little as one day your home can legally be sold. In your case no third party purchased the home at the auction, which means homecomings is stuck with the house, and would offer you cash for keys to leave early, as well as ensure that the home is left in good standing and not trashed as you are evicted, which happens a lot. I could be totally wrong as to your situation. But best advice is if you are ever going to miss a payment or think you are going to miss a payment, call your mortgage servicer and tell them. Its a lot easier to work with them before you account goes delinquent and then later in default where they can legally start foreclosure, because then you are only dealing with one department. And as most servicers, their foreclosure, collections and regular customer services departments could be spread out where one is in California, another in Pennsylavania and another in Texas, which means communication can be come a problem, between different departments doing different jobs.

I understand your concern with Homecomings, I have worked with Homecomings many times in the past and know that most mortgage servicers are all the same. The criticism I have is how the report starts off, by starting in July 2005, because thats where it gets interesting. For any servicer to foreclose, you have to be atleast 3 months behind on payments, I have read many on here and few people actually say they have missed payments. In your case it sounds like they asked you to pay 12,990 up front to get set up on a payment plan with higher than normal payments. Is that correct? Second you would have had to sign an agreement to this plan, which would have stated you had to pay all payments on the plan by certified funds, which would make the personal check you sent them, not a valid form of payment, which is why they sent it back. Also since they said they sold your house, had a sale date been set prior to you paying them the 12,990 because unless all paymnents are made and the loan is current a sale is not cancelled only postponed and if you miss one payment by as little as one day your home can legally be sold. In your case no third party purchased the home at the auction, which means homecomings is stuck with the house, and would offer you cash for keys to leave early, as well as ensure that the home is left in good standing and not trashed as you are evicted, which happens a lot. I could be totally wrong as to your situation. But best advice is if you are ever going to miss a payment or think you are going to miss a payment, call your mortgage servicer and tell them. Its a lot easier to work with them before you account goes delinquent and then later in default where they can legally start foreclosure, because then you are only dealing with one department. And as most servicers, their foreclosure, collections and regular customer services departments could be spread out where one is in California, another in Pennsylavania and another in Texas, which means communication can be come a problem, between different departments doing different jobs.

Well, we filed the lawsuit around 12/20 ... all 13 pages of it without exhibits. To date, our attorneys have been able to successfully serve just 1 and have a line on the 2nd of the 7 Defendants (including John Does 4-7, just in case) named in the jury demand.

I can see where we the abused by this/these companies would think it is better to cave than fight. They employ an unbelievable amount of STALLING tactics while you run up a legal bill. Well, have we got news for them. We're in just short of $5K already and haven't even reached 25% of the funds I have reserved for this fight.

Some hints for this whole process. As a DOD employee, I am required to report suspected fraud against the government and did just that. I contacted the Office of the Inspector General (OIG) of HUD. Very easy to find ... go to Google, type in HUD and follow the links to report fraud. Both RESPA out of D.C. and HUD out of Oklahoma City replied wanting to know if we wanted to file formal complaints. We referred those decisions to our attorneys. We are banking our usual house payment in it's own account for safekeeping. We made sure that both our Homeowners Insurance and Property Taxes were paid and current (they were), seeing as how we had an escrow fund for that with HCF. You never know with them what they may have 'forgotten' to pay, right? One VERY important thing to remember if you ever decide to take legal action. The 'local' (if applicable) legal firm that dealt with the foreclosing and/or any legal actions against your property was JUST A MOUTHPIECE in our case! They were NOT authorized nor would they accept service of our lawsuit, but boy did they have the nerve to ask for a 'courtesy copy'. That would have effectively tipped our hand to a guy who did nothing more than shine a chair with his a*s. Well, we had 2 words for those clowns ... and they weren't "Merry Christmas".

Good Luck to us all

Not sure how far you got in "the process" with the attorneys you had. Are you aware that IF you protected it, you have a ONE YEAR Right of Redemption to buy back your house. Homecomings sells it or their agent rents it, out they go and in you move. Am guessing from your comments your Right may have been lost.

As for us, our attorneys are still playing tag with theirs. Still have no idea of the reason for our Foreclosure. Are trying to arrange financing to just buy the damned deed outright, mail them the check and attach the lawsuit to it.

As for email address, post a rebuttal with yours and will contact you. You'll know mine when you see it, has a military addy. Best of luck .. Ed

I am in Texas and have had the same problem except they did get my house after dealing with several inadequate attorneys. email me and let me know who you have and if they know someone here in Texas who can help me keep them from selling my home for an unbelievable profit. I even tried buying it back and they told me they had accepted another bid. Bull, they are still showing the house...
ME

Got us one heck of a school of sharks to go after these clowns. After sitting with our Real Estate attorney for 20 minutes going over the contract, he had 4 points of contention he wanted to argue. In comes the Senior partner for the firm, he had looked over what few docs we had from HomeCrumblings for 5 minutes and hadn't seen anything like it in 20 years of practice. His comment ... "Somebody is getting sued." Next up is our Foreclosure attorney ... 10 minutes, one lawsuit ready to be filed for Wrongful Foreclosure, Violations of RESPA, Misappropriation of Payments, Fraud & Mental Anguish. She even threatened to nail them with Violations of the Postal Codes for improper notification on the foreclosure. The ball has now been passed from HomeCrumblings local attorneys back to Texas for advisement.

Got us one heck of a school of sharks to go after these clowns. After sitting with our Real Estate attorney for 20 minutes going over the contract, he had 4 points of contention he wanted to argue. In comes the Senior partner for the firm, he had looked over what few docs we had from HomeCrumblings for 5 minutes and hadn't seen anything like it in 20 years of practice. His comment ... "Somebody is getting sued." Next up is our Foreclosure attorney ... 10 minutes, one lawsuit ready to be filed for Wrongful Foreclosure, Violations of RESPA, Misappropriation of Payments, Fraud & Mental Anguish. She even threatened to nail them with Violations of the Postal Codes for improper notification on the foreclosure. The ball has now been passed from HomeCrumblings local attorneys back to Texas for advisement.