Print the value of index0
  • Report:  #189909

Complaint Review: Homecomings Financial

Homecomings Financial So we are not the only ones suffering from Homecomings Financials extortion attempts!! ripoff Dallas Texas

  • Reported By:
    Leander Texas
  • Submitted:
    Thu, May 04, 2006
  • Updated:
    Fri, September 15, 2006
  • Homecomings Financial
    1820 E. Sky Harbor Cr South
    Phoenix, Arizona
    U.S.A.
  • Phone:
    800-206-2901
  • Category:

Imagine my suprise when I went looking for Homecommings Financial to double check the address which I send my payments to, and I come across this website!! Reading through the reports, I suddenly realized that My husband and I are not alone! We too have been subject to the extortion which Homecommings Financial perpetrates. We too are now sitting in bankruptsy court because of their actions. We too will be looking to sue this company in court once we are sure that our home is saved and we will not be out on the streets!

Owning our own home has been a dream that was finally fulfilled in August of 2004. We had the payments we had asked for (under $750 a month), the property so that we could have our dogs in peace. We had set up mortgage payments as a direct allotment out of my husbands military retirement, therfore the mortgage company recieved them on the first each month without fail from the government. We had paid for homeowners insurance for 1 year in advance as required by the finance company prior to even considering the loan. We were releaved that one day we would own our own home outright without paying somone elses mortgage in rent.

The first cloud on the horizon was recieved by letter in November of 2004, when I got something from Homecommings about not havng insurance on the home. I imeadiatly called my insurance company (Farmers) and inquired. They assured me that the policy was in effect and was good until Sept of 2005. They then offered to contact Homecommings and give them whatever information they needed, which they did, and then called me back to let me know that they had faxred all the required info to the mortgage company. Problem solved.... or so I thought.

Now, I admit to some fault here as honestly after the first 2 or 3 months I got really tired of wading through the ads for vacuum cleaners, life insurance and so forth, and knowing that my mrtgage payment was recieved by them on time, I began to just take the statements sent and file them without opening them. My biggest mistake. Had I continued to wade through all that, I would have caught this sooner. In February of 2005, homecommings added an escro and paid for Hazard insurance, then raised my mortgage payment over the 750 mark. In fact that payment request was over $1200!

Then in July of 05 I get another letter from Homecommings saying our 2004 taxes had not been paid. In closing, the seller had agreed to pay the 04 taxes and we included the amount prorated that would cover the amount of time we were living in the home in 04 in closing costs. I had also asked if there could be an escrow for taxes at closing and was told no. I went to the tax office anyway and talked to them, and set up a payment plan for the taxes owed. I was to make the first payment on the 15th of August. I went in to make that payment and was told the taxes were paid. When I asked who paid them, they looked it up but had no information other then the check number and amount. I assumed that the seller had finally gotten around to paying them and looked no further.

Everything seemed fine, no notes from the finance company saying they had paid the taxes and that what Defence Finance was paying was not enough to cover the mortgage now, nothing. Imagine our suprise when we get a certified letter from Homecommings in mid December of 2005 that we are in default!! We imeadiately called Homecommings and talked to some guy who was really rude. he stated that there had not been a payment since Oct of 05. He told us that we should sell our home or refinace! I told him I did not want to sell our home, and that I doubted that we could refinace now that they had this going on. it went from bad to worse, when I finally said "fine" and hung up.

I called back about 10 minutes later and got a very nice lady who told us that the amount the guy had told me earlier, $1150, was incorrect that the amount of the mortgage was now $880. I told her that our contracted note was $639.74 and that it would be difficult to pay any more then $750/mo, using the system we had set up when we closed. She then sent me to THEIR credit counselor and we discussed what could be done. In the end, we agreed to pay $800 am month and would pay of fthe escrows with our income tax return.

We got a letter from them stating that everything was fine per the agreement. In the mean time we contacted Defence finace and was told that Homecommings had contacted them stating that they needed more money, and since they had not heard from my husband, they had stopped all payments and frozen the account in September. Again we were NEVER contacted by homecommings.

2 weeks later I have a message on my voicemail from homecommings saying "this is your last chance". I called them on Monday afternoon asking what they meant. I was told that they had tried to contact us by mail and by telephone to discuss the matter, but we had not responded to the mailings and when they called the number, they were told that it was incorrect. We got no letters nor any calls from them prior to the voicmail message.

Interestingly ehough they did manage to get ahold of me using that very same number and leaving a voicemail, which I pointed out to the guy. He told me that I had to have $945 on his desk by Tuesday morning (the next day) or they would begin foreclosure. Of course I got upset and asked to speak to the lady (whos name I had) I talked to before. he told me that she was no longer involved and that he was handling it now. Eventually he threatened to hang up on me, and insisted that I send him the $945 via western union. I didnt have $945 at the time but had the $800 that was agreed upon earlier and had been about to send it in. I offerd that, but he refused it saying it was $945 or foreclosure. Well you can imagine that I told him where he could stick it, and contacted attorneys that evening.

We had our meeting of creditors on the 19th of April. when the court officer asked me what our mortgage was, I told him $639.74. he looked on his sheet and said "But they say here that it is $1100/" I looked him in the face and said "Oh so that is what they are trying to get now? That's the third increase. by the time this gets to court I am willing to bet it will be over $1500." he looked at me and asked what I meant, so I told him what had happened.

Now mind you; the ONLY reason we are filing is to save our home. We have no credit card debt, we do have a reasonable car note, some back medical bills but nothing that would usually make someone file Ch13. I told the court officer that id sell the home before I paid $1500 a month, or even $1100 a month as the property wasnt worth it. The selling price on the home was only $78K and we put 20K down!

Our attorney for the bankruptsy has stated to us that he has 3 other cases pending against other finance companies who did the exact same thing and that once we had our home protected, we would then discuss whether or not we had a case against homecomings. I have since told him that i want to sue them for the amount of the home loan plus atty fees and court costs, and $20K for forcing us to file bankruptsy, thereby ruining our credit.

It is our belief that they held their silence until we got so far behind because of their escrows (which incidently on our contract in big bold letters it says "NO ESCROW") that there would be no way to dig ourselves out. Additionally we were hearing that we could refinance at a lower rate after we had paid on time for a year and a half. The timing of their finally getting around to telling us there was an issue was certainly suspect. We had paid on time for a year and 1 month!

Fortunately Texas has a homesteaders law which prevents them from taking our home as long as we make payments. I am sending all payments to their overnight address, in the form of money orders and sending it certified mail, return recept requested. therefore if they try and say it wasnt paid... I have the proof that says "Oh yes it was and YOU signed for it!" If any atty wants to make a class action, sign us up! These people need to be stopped! What they are doing is illegal, and they KNOW it. Its just that no one has had the gumption or the money to call them on it!

Cynthia
Leander, Texas
U.S.A.

Click here to read other Rip Off Reports on Homecomings Financial

8 Updates & Rebuttals


Cynthia

Leander,
Texas,
U.S.A.

Orig poster: Read your comment

#9Consumer Comment

Thu, September 14, 2006

I agree that these crooks need to be reported. i have in fact reported the to the TX Atty Gen office, the Federal trade commission, and the BBB. To an agency each have said after hearing my story, and I have sent them documents concerning this matter, that I should due homecommings.

Unfortunately, none of these agencies have decided to do much about it. This is why it is vitally important that everyone who has been jerked around by Homecommings needs to report it not only to their own state atty gen office but to the atty gen of the state of Texas. Homecommings is based in Texas so it naturally falls under the jurisdiction of the state of Texas, and the atty gens of other states are not particularly interested in shring their information with the State of Texas, or any other state for that matter. Therefore the information is being looked at as small seperate problems, instead of one huge massive issue.

Also everyone needs to report to the Federal Trade Commission, again for the same reasons stated above. The FBI is aware of rampant fraud in the mortgage lending industry, and from what I have been reading is looking into it. Not just Homecommings but numerous lenders. I have talked to a few people, one being a real estate person, and others being in the business of collecting debts. The real estate guy flat out said that he knew of homecommings and refused to work with them because they have screwed so many people. The debt collector people, are floored at the practices that Homecommings has taken. I have sent each and every one to this site.

I have told everyone I can that if they ever see the name Homecommings financial on their home contracts not to sign on the dotted line! Ihave told them that if their loan is sold, to find out exactly to whom it was sold and if it is Homecommings, to refinance as quickly as possible. I have contacted friends in the media and sent them to this site, and they are looking into it.

The point is, make noise! Tell everyone that will listen what has happened to you. contact the media, everything you can. there is more then one way to insure that this company is brought to its knees. Sueing them is only a drop int he bucket for a multimillion dollar company, but bad press, and people refusing to accept their loans, real estate people refusing to work witht hem, will have a much larger impact on them then just a group getting into a class action suit, or singular lawsuits against them. Most importantly, if you know someone looking to finace a home, send them to this site! Tell them to read about what Homecommings does so that when they look at their contract, and see this companies name as the lender, they go into it with their eyes open and fully informed. I wish someone had told me of this site before I signed the dotted line. had I known, I would have told them I didnt need the home that badly.


Julie

Norwalk,
Ohio,
U.S.A.

Contact people

#9Consumer Suggestion

Thu, September 14, 2006

We have had allot of the same experiences with Homcomings and many more. In dealing with them I contacted Stephen Dupont with GMAC (GMAC is the parent company of Homecomings). We are able to save our home but the interest rate they now want to correct their mistakes is unfair. What they have done to our credit rating leaves us with no choice but to accept.

I also contacted the Federal Trade Commission and have been contacted back by Beverly Childs investigator for FTC.

Write to your Attorney General of your state. PA Attorney General filed suit against Homecomings for illegal foreclosures. If these voted officials continue to be contacted and the same story is told by 100's of different individual, I believe they will have no choice but to react.


Cynthia

Leander,
Texas,
U.S.A.

Thats it.... we are sueing!

#9Author of original report

Thu, September 14, 2006

It has been quite some time since I have updated this report, but we have finally reached the final straw, and we are MAD!!!

We entered into Chapter 13 which was confirmed on Aug 22. In In april and may, I was told by my attorney to pay them the contracted amount on the loan $639.74, which I did. In June we were informed that we were to pay $805 and change monthly, as a escrow for taxes was put into effect. We paid that.

In July and August, we hit some serious financial straits which made pmt difficult. My husband changed jobs to become an over the road driver, which he brings home about $1000 a week, which is about what he brought hom every 2 weeks with his previous job. While we had to wait for the new job to begin to kick in, our intentions were to double up pmts to insure that we were caught up. This was just July and August, and easily made up.

On september 1, I sent in our payment via electronic transfer from our bank and set up montly payments going out the first of each month, and also set up a secondary payment that was due to go out Friday, Sept. 15th. Homecommings refused the payment.

When I called them I was told that they do not take electronic transfers from people in bankruptcy, and that I needed to talk to my attorney. I called my attorney and was informed that they were proceeding with an attempt to remove their debt from our bankruptcy and commence forclosure proceedings. However that they would be willing to work out an order to catch up. We were told that with that order we would have to pay $1400 a month for 6 months, which included their attorneys fees.

Now mind you, again we have heard nothing and would not have had I not called and asked about the return of payment. Add to that they want information on homeowners insurance, which I have not gotten until I knew for sure that my home was safe from them. Good thing I didnt or I'd be out another $800 on that.

Now I have again been told about a law, only this time I have heard it is federal, that says as long as you make an attempt to pay, and they refuse it, then you dont owe them anything. I have asked that not only my lawyer but a few others that are friends look into finding this law. What I have been told is that if you have it in writing that the person refused payment you are covered by this law. Sitting in front of me right now is an email from my bank that states:

Dear Mr and Mrs Gialluca.
This messages is in reference to a payment you requested to the following payee:

Payee name: Homecommings Financial (mortgage)
Acct number: **********
Amount: $806.00
Original payment Date: 09/01/06
Refund Date: 09/08/06

The payee refused to accept the payment with no explination provided.

I have printed copies of this email and they are in my files. While I am not hopeful that there is actually a law that covers this, it doesnt hurt to try and find it, as the one telling me about it said that his mother in law had the same happen to her and she took it to court and the ruling was via this law that the home was hers with no further need to make any payment. Granted that sounds too good to be true, but I am having it looked into.

Now let me tell you what homecommings has done here. Like I said my atty told me to pay the contracted amount, which I did. Well the contracted amount was less then what they wanted so the held the payment "in suspense" until I made the next payment of the contracted amount, from which they took part of that payment and made up the difference in what they wanted to be paid, placing the may payment in suspense. Then when they got the amount they wanted in june, they took out the "balance" on the may pmt, and then put Junes payment "in suspense".

Well then came the problem months, and finally the refusal of Septembers payment, putting us, in their books 4 mos behind. All the while never sending us the amount of payment that they expected us to pay, nor telling us how they were "using" our payment.

In fact I had to call THEM to find out what they expected me to pay them. Of course they have now added their bogus atty fees. So we come to "what they will graciously do for us". Mule Muffins!

They are willing to enter into an order that says that we have to pay them $1400 a month for 6 months to catch up and pay for their attorneys. I can see this comming down the pike now. Ok if we agree to this .... aggreement.... 2 or 3 months from now they will find some other bogus reason to add more to it, and not tell us that they did it, so that in 2 months, just before this "order" is fullfilled and we go back to the $805 and change payment they can come at us again and there will be nothing we can do about it. They will get our home, and we will be SOL.

Oh yes and get this... they want to push this through court by Monday Sept 18! I found out about it yesterday Sept 11!! My attorney has asked for a continuance because my husband is out on the road trying to make money to pay for this house and we cant really discuss it in time to get them an answer by Friday this week.. yes 2 days from now!

Enough already! I dont trust these crooks any further then I can throw a full grown bull African Elephant. Currently we are discussing our options. As a decision is made I will update.


Cynthia

Leander,
Texas,
U.S.A.

Thats it.... we are sueing!

#9Author of original report

Thu, September 14, 2006

It has been quite some time since I have updated this report, but we have finally reached the final straw, and we are MAD!!!

We entered into Chapter 13 which was confirmed on Aug 22. In In april and may, I was told by my attorney to pay them the contracted amount on the loan $639.74, which I did. In June we were informed that we were to pay $805 and change monthly, as a escrow for taxes was put into effect. We paid that.

In July and August, we hit some serious financial straits which made pmt difficult. My husband changed jobs to become an over the road driver, which he brings home about $1000 a week, which is about what he brought hom every 2 weeks with his previous job. While we had to wait for the new job to begin to kick in, our intentions were to double up pmts to insure that we were caught up. This was just July and August, and easily made up.

On september 1, I sent in our payment via electronic transfer from our bank and set up montly payments going out the first of each month, and also set up a secondary payment that was due to go out Friday, Sept. 15th. Homecommings refused the payment.

When I called them I was told that they do not take electronic transfers from people in bankruptcy, and that I needed to talk to my attorney. I called my attorney and was informed that they were proceeding with an attempt to remove their debt from our bankruptcy and commence forclosure proceedings. However that they would be willing to work out an order to catch up. We were told that with that order we would have to pay $1400 a month for 6 months, which included their attorneys fees.

Now mind you, again we have heard nothing and would not have had I not called and asked about the return of payment. Add to that they want information on homeowners insurance, which I have not gotten until I knew for sure that my home was safe from them. Good thing I didnt or I'd be out another $800 on that.

Now I have again been told about a law, only this time I have heard it is federal, that says as long as you make an attempt to pay, and they refuse it, then you dont owe them anything. I have asked that not only my lawyer but a few others that are friends look into finding this law. What I have been told is that if you have it in writing that the person refused payment you are covered by this law. Sitting in front of me right now is an email from my bank that states:

Dear Mr and Mrs Gialluca.
This messages is in reference to a payment you requested to the following payee:

Payee name: Homecommings Financial (mortgage)
Acct number: **********
Amount: $806.00
Original payment Date: 09/01/06
Refund Date: 09/08/06

The payee refused to accept the payment with no explination provided.

I have printed copies of this email and they are in my files. While I am not hopeful that there is actually a law that covers this, it doesnt hurt to try and find it, as the one telling me about it said that his mother in law had the same happen to her and she took it to court and the ruling was via this law that the home was hers with no further need to make any payment. Granted that sounds too good to be true, but I am having it looked into.

Now let me tell you what homecommings has done here. Like I said my atty told me to pay the contracted amount, which I did. Well the contracted amount was less then what they wanted so the held the payment "in suspense" until I made the next payment of the contracted amount, from which they took part of that payment and made up the difference in what they wanted to be paid, placing the may payment in suspense. Then when they got the amount they wanted in june, they took out the "balance" on the may pmt, and then put Junes payment "in suspense".

Well then came the problem months, and finally the refusal of Septembers payment, putting us, in their books 4 mos behind. All the while never sending us the amount of payment that they expected us to pay, nor telling us how they were "using" our payment.

In fact I had to call THEM to find out what they expected me to pay them. Of course they have now added their bogus atty fees. So we come to "what they will graciously do for us". Mule Muffins!

They are willing to enter into an order that says that we have to pay them $1400 a month for 6 months to catch up and pay for their attorneys. I can see this comming down the pike now. Ok if we agree to this .... aggreement.... 2 or 3 months from now they will find some other bogus reason to add more to it, and not tell us that they did it, so that in 2 months, just before this "order" is fullfilled and we go back to the $805 and change payment they can come at us again and there will be nothing we can do about it. They will get our home, and we will be SOL.

Oh yes and get this... they want to push this through court by Monday Sept 18! I found out about it yesterday Sept 11!! My attorney has asked for a continuance because my husband is out on the road trying to make money to pay for this house and we cant really discuss it in time to get them an answer by Friday this week.. yes 2 days from now!

Enough already! I dont trust these crooks any further then I can throw a full grown bull African Elephant. Currently we are discussing our options. As a decision is made I will update.


Cynthia

Leander,
Texas,
U.S.A.

Thats it.... we are sueing!

#9Author of original report

Thu, September 14, 2006

It has been quite some time since I have updated this report, but we have finally reached the final straw, and we are MAD!!!

We entered into Chapter 13 which was confirmed on Aug 22. In In april and may, I was told by my attorney to pay them the contracted amount on the loan $639.74, which I did. In June we were informed that we were to pay $805 and change monthly, as a escrow for taxes was put into effect. We paid that.

In July and August, we hit some serious financial straits which made pmt difficult. My husband changed jobs to become an over the road driver, which he brings home about $1000 a week, which is about what he brought hom every 2 weeks with his previous job. While we had to wait for the new job to begin to kick in, our intentions were to double up pmts to insure that we were caught up. This was just July and August, and easily made up.

On september 1, I sent in our payment via electronic transfer from our bank and set up montly payments going out the first of each month, and also set up a secondary payment that was due to go out Friday, Sept. 15th. Homecommings refused the payment.

When I called them I was told that they do not take electronic transfers from people in bankruptcy, and that I needed to talk to my attorney. I called my attorney and was informed that they were proceeding with an attempt to remove their debt from our bankruptcy and commence forclosure proceedings. However that they would be willing to work out an order to catch up. We were told that with that order we would have to pay $1400 a month for 6 months, which included their attorneys fees.

Now mind you, again we have heard nothing and would not have had I not called and asked about the return of payment. Add to that they want information on homeowners insurance, which I have not gotten until I knew for sure that my home was safe from them. Good thing I didnt or I'd be out another $800 on that.

Now I have again been told about a law, only this time I have heard it is federal, that says as long as you make an attempt to pay, and they refuse it, then you dont owe them anything. I have asked that not only my lawyer but a few others that are friends look into finding this law. What I have been told is that if you have it in writing that the person refused payment you are covered by this law. Sitting in front of me right now is an email from my bank that states:

Dear Mr and Mrs Gialluca.
This messages is in reference to a payment you requested to the following payee:

Payee name: Homecommings Financial (mortgage)
Acct number: **********
Amount: $806.00
Original payment Date: 09/01/06
Refund Date: 09/08/06

The payee refused to accept the payment with no explination provided.

I have printed copies of this email and they are in my files. While I am not hopeful that there is actually a law that covers this, it doesnt hurt to try and find it, as the one telling me about it said that his mother in law had the same happen to her and she took it to court and the ruling was via this law that the home was hers with no further need to make any payment. Granted that sounds too good to be true, but I am having it looked into.

Now let me tell you what homecommings has done here. Like I said my atty told me to pay the contracted amount, which I did. Well the contracted amount was less then what they wanted so the held the payment "in suspense" until I made the next payment of the contracted amount, from which they took part of that payment and made up the difference in what they wanted to be paid, placing the may payment in suspense. Then when they got the amount they wanted in june, they took out the "balance" on the may pmt, and then put Junes payment "in suspense".

Well then came the problem months, and finally the refusal of Septembers payment, putting us, in their books 4 mos behind. All the while never sending us the amount of payment that they expected us to pay, nor telling us how they were "using" our payment.

In fact I had to call THEM to find out what they expected me to pay them. Of course they have now added their bogus atty fees. So we come to "what they will graciously do for us". Mule Muffins!

They are willing to enter into an order that says that we have to pay them $1400 a month for 6 months to catch up and pay for their attorneys. I can see this comming down the pike now. Ok if we agree to this .... aggreement.... 2 or 3 months from now they will find some other bogus reason to add more to it, and not tell us that they did it, so that in 2 months, just before this "order" is fullfilled and we go back to the $805 and change payment they can come at us again and there will be nothing we can do about it. They will get our home, and we will be SOL.

Oh yes and get this... they want to push this through court by Monday Sept 18! I found out about it yesterday Sept 11!! My attorney has asked for a continuance because my husband is out on the road trying to make money to pay for this house and we cant really discuss it in time to get them an answer by Friday this week.. yes 2 days from now!

Enough already! I dont trust these crooks any further then I can throw a full grown bull African Elephant. Currently we are discussing our options. As a decision is made I will update.


Cynthia

Leander,
Texas,
U.S.A.

Update: It appears Homecommings has won

#9Consumer Comment

Tue, May 16, 2006

I decided to run some figures last night, just to see what exactly we are dealing with between the rise in the CH 13 trustee payments, and the rise in the amount of mortgage payments that Homecommings is insisting that we pay (which I would never have known about had I not called to inquire). The numers are not good.

We want to pay our bills, that has never been an issue. We work hard to make enough to cover what we owe, and what we make has always equalled what we spend allowing us no room for savings in case of emergency or any other reason. We looked at CH 13, not because we wanted to get out of what we owe, but to make it possible to catch up and cover what comes in. We weren't looking to create a nest egg, we weren't looking to be able to save for vacations and frivilous expendatures, we were looking to survive, keep our home and our vehicle, be able to eat, keep the water and electric on, pay for gas to get to and from work, you know all those things that constitute survival. Now because of Homecommings we can't even do that.

Because of the extortion from this company we are now having to consider changing from Ch 13 to Ch7. This means we will surrender our home, and our vehicle. It means that we will be out on the streets with no where to go.

I don't know what will be the end result of all this. I dont even know if we will have a roof over our heads in the next month or 2. They can't take any more as they have already taken all we have.

Homecommings... I hope you are proud of what you have done to our family. I hope you put another notch in your gun that represents us. May you reep what you have sewn and what you have done to us, and to all these others, come back to haunt you someday. What goes around, comes around.


Cynthia

Leander,
Texas,
U.S.A.

Update: More dispicable actions from the "Wolf" Homecommings Financial continues to carry on not notifying us of changes in payment amounts.

#9Author of original report

Mon, May 15, 2006

To the employees of this company: How can you sleep at night knowing that you and your company steals, lies, and cheats people of their homes and their dreams? I sure hope that they pay you enough to make up for what you will have to endure for eturnity for your actions. I hope and pray that one day each and every employee of Homecommings has to deal with a company just like them and they too have to sit back and wonder if in the next week they will have a roof over their head, and they feel the impotancy of trying all they can to fix the problem only to loose their home and their dreams no matter what they do. Enjoy your dance with the Devil.. for one day you too will have to pay the piper.

I am now on the verge of a nervous breakdown thanks to these scum. Saturday we got a notice of Telephone Status Conference Prior to Confirmation Hearing from the trustee handling our Ch 13 bankruptcy. Seems, as we knew they would, Homecommings filed an objection to our plan with the intent of having it denyed, thus putting us back securely under our thumb.

I discusssed this with our attorney and spoke with his bankruptcy specialist working with our case, who suggested to me that I should contact Homecommings and find out exactly what they say our mortage payment on their books is post filing for Ch 13. She said we wanted to make sure that we were correct on the amount or we could end up right back where we started from. Now you have to understand, our attorney told me to make the original contracted payment beginning in April, which I did, certified mail, by money order, return recept requested. I did the same in May. However, according to Homecommings we should be paying $805, instead of the contracted amount of $639.74. I asked the customer service rep what the extra amount covered, but she refused to tell me stating that it was paperwork they got from the court (funny we didnt get any such paperwork), and that I should discuss it with my attorney. The Customer Service Rep stated that "the creditors got together and agreed on what they would take during the course of the bankruptcy". Here we go again!

Well add to that, with the amounts that Homecommings has added to their claim, our trustee payments go from $425 to (the estaimated amount) $850 a month! So here we sit with $1655 a month between mortgage and trustee payments, and once we figure our monthly (minimal) expences with bills, gas and food, and subtract it from our entire approximate net income (summer months only, goes down in the winter), guess what?!? We come up short! Suprise anyone? I'm not.

Homecommings knows what our income is, you gave it to them when you bought the home. They have added just enough to put you over your income expectations so they can pull out of the bankruptcy. Addidionally they keep a lid on what your post filing mortgage amounts are for as long as they can until again you build up a past due amount and they can withdraw from the bankruptcy and foreclose. Wouldnt suprise me if now that I know and will be doing everything I can to bring it up to date, that they dont secretly add something else on so again we get behind and they can take our home.

"Wolf", "Shark", "Scum" are all too mild a set of terms for these people. Frankly I dont think there is a word in the English language that applies to the decete these people perpetrate on their victims.

I have just contacted an attorney with the intent to file Civil Lawsuit against Homecommings Financial. They are reviewing my story and I have given them the url to this website so that they can see yours as well. As I know more I will update.


Cynthia

Leander,
Texas,
U.S.A.

Reported to TX attorney General and the Federal Trade Commission

#9Consumer Comment

Fri, May 12, 2006

Since I posted the origional story behind our experience with Homecommings, I have personally talked to the Texas Attorney Generals office and the Federal Trade Commission. After I told them of my problem, and told them about this website and the number of posts to it alone, not to mention other sites I have gone through, both offices were appauled at the treatment that we have all received from Homecommings. When I told them that the ONLY reason we filed Ch 13 was to save our home from foreclosure, the representatives again could not believe the situation.

The TX Attorney Generals office suggested that I contact the FTC and HUD. I am in the process of contacting HUD. The representative for the FTC told me I was doing the right thing thus far by contacting the state, and suggested that I also contact the Better Business Bureau, which I plan to do as well.

I told the rep. for the FTC that we were discussing options for a civil law suit against Homecommings and what I would be asking for by way of settlement and her statement was, definatley, and that the thngs I would be sueing for was not excessive, and very reasonable.

Again, I urge everyone who has been ripped off by Homecommings to file a complaint with their state Attorney Generals office, the Texas Attorney Generals Office, Housing and Urban Developement (HUD), the Better Business Bureau,the Federal Trade Commission (877-382-4657 and follow prompts), your local news consumer advocate and the big 3 national news agencies consumer advoctes. From my conversations with the 2 major legal entities I have talked to thus far, the reactions have been favorable for those of us who have been scammed by Homecommings. I have directed both agencies to this website so that they can hear your stories as well as mine. In fact the FTC rep said she already knew of which site I was talking about.

Lastly, I urge everyone to contact attorneys that specialize in consumer law. Most will give an initial consultation for free to let you know if you have a case. Some may, when we are discussing hundreds of thousands of dollars, agree to get their fees from the settlement if they feel you have a strong enough case. make sure in your request to these attorneys that you state that you want to sue for the value of the LOAN (in other words you want the home paid off plus the interest Homecommings would have gotten from you had they not resorted to these tactics), Court costs and attorneys fees, amounts you have put into their escrow accounts against your loan (if you have paid any to the escrows), and a monitary amount to cover the destruction of your credit. While you might not get all of that (most likely the interest that would have accrued had this incident not occured) chances are you could get most of it.

What Homecommings is doing is illegal, dont let anyone tell you it isnt. they ahve written in clauses into your contract that they know you will either not read or not understand so that they can do these things to you.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

As long as we sit back and let them they will continue to steal our homes and take away the American dream. Greg Abbott the Attorney General from the State of Texas said in January 2005:

"Home ownership is one of our most cherished dreams, and I will not tolerate City Mortgage or any other fraudulent operation exploiting those aspirations for dishonest gain."

Stand up and be heard. Talk to the FCC, the Attorney Generals of your state and that of the state of Texas, HUD, BBB, local and national news media, consumer protections agencies and attorneys. Let us ALL tell Homecommings and other companies like them that we WILL NOT take this abuse, and that we have rights and we know them! One voice in a crowd makes little difference, the voice of the crowd WILL BE HEARD!! Make the voice of homecommings the one voice in this large crowd of consumers who have been ripped off by their company. If we all speak, we can not be ignored.

Respond to this Report!