Litton Loan Servicing LLP Litton Misappropriated $7000 of my funds to Fraudulantly file for forclosure! Houston Texas
Litton had purchased my loan from Cendant Mortgage Corporation. At Cendant Mortgage Corporation $7000.00 was being held in a suspence account. Since Cendant Mortgage Corporation had stopped sending me statements and Litton never sent them to me I did not find out about the misapproprited funds until I received a Notice of Default and Election to Sell Under Deed of Trust and a Debt Validation Notice from Robert E. Weiss, Inc. a trustee assigned to account.
Since I had not been receiving statements or given any other kind of notification that there had been a problem with my account, at first I could not figure out how they had come up with the default amount. The trustee was no help. They would not return my calls or answer my letters. For that matter, neither was Cendant Mortgage Corp or Litton Loan Servicing LP.
After hours of using my own accounting skills I discovered that it was the funds in my suspence account that were not being included in the default amount. I sent proof of the payments to everyone involved, but no one would respond or acknowledge the existence of the $7000.00. The only way Litton would cure the default was by me sending them a duplicate payment for the $7000.00.
I could not afford to do this, so had to hire an attorney to file for chapter 13 bankruptcy. Litton hired Robert E. Weiss, Inc. the attorney who had been the trustee to represent them as their attorney in the bankruptcy. They would not return my attorneys calls.
Went to the meeting of creditors with a suitcase full of paperwork to proove I had made the $7000.00 in payments, that were not being included in the filing. Litton or their attorney did not show up at this meeting to dispute my claim.
However, the day after the meeting of creditors they filed a proof of claim to include that same $7000.00. I have sent several letters to both Litton Loan Servicing LLP and Robert E. Weiss Inc, since that time via certified mail return receipt requested. They were signed for but never responded to. Included in those packages were copies of all payments not being included and copies of all previous correspondence.
Unless this is corrected, I will have to hire my attorney back again to file an objection to their proof of claim. If I do not do this I assume they will use the $7000.00 to restart the foreclosure proceedings.
Wynn
Norco, California
U.S.A.
4 Updates & Rebuttals
Priscilla
Peabody,Massachusetts,
U.S.A.
File a Complaint with HUD
#5Consumer Comment
Fri, October 22, 2004
Wynn,
If the company did not comply with the RESPA letter, contact HUD and file a complaint. By law, these companies have to comply or they can be fined. Diane gave you some good advice and quoted the RESPA laws to you, so now file your complaint with HUD and send them a copy of your QWR (qualified written request) you sent to the mortgage company indicating they never complied with this law. You can file a complaint at the HUD website, but also send a hard copy of a letter to them with your enclosures. Then see what HUD does. By law, they are suppose to investigate any complaint they receive.
Good luck!!!!
Diane
Buffalo,New York,
U.S.A.
RESPA complaints ignored by Litton Loan Servicing
#5Consumer Comment
Mon, October 18, 2004
Hi Wynn: reviewed your reply, regarding the RESPA letter glad you got that out. But according to HUD and Section 6 and I quote;
Prohibited practices
RESPA also outlines certain prohibited practices by those involved in the real estate settlement. Those sections of main interest include:
Section 6
Section 6 of RESPA provides borrowers with consumer protections relating to the servicing of their loans. If a borrower sends a qualified written request to his loan servicer concerning the servicing of the loan, the servicer must provide a written acknowledgment within 20 business days of receipt of the request. Not later than 60 business days after receiving the request, the servicer must make any appropriate corrections to the borrower's account, and must provide a written clarification regarding any dispute. During this 60-day period, the servicer may not provide information to a consumer reporting agency concerning any overdue payment related to such period or qualified written request.
Section 6 of RESPA also provides for damages and costs for individuals or classes of individuals in circumstances where servicers are shown to have violated the requirement of that Section.
Suggest you send another RESPA letter this time advising the FDIC and HUD of their violations of Section 6. Also suggest you copy the AG of your state.
In response to this comment, first I need to clarify, if R.E. Weiss was the BK attorney for you or Litton? If he was Litton's there is a definite conflict of interest, compromise of confidentiality., etc.
Let me do some research on this and will advise you shortly by replying here at RipOff. Your attorney should be responsible for advising you on this issue as it is part of the original foreclosure proceedings, I do suggest contacting him/her.
Also have you requested a forensic audit or RESPA request from Litton, etc. Section 6 of the RESPA laws per HUD define their responsibility to provide you what you request. And there are fines for noncompliance.
In closing start researching Litton Loan, there are many web sites and Yahoo groups that are supportive of these servicing frauds, where you can knowledge and support. Suggestion look for stoplittonloannow, I belong to it and many more.
God Bless and good luck. Diane
Wynn
Norco,California,
U.S.A.
RESPA Complaints IGNORED!
#5Author of original report
Sat, October 16, 2004
This is to Diane in Buffalo.
Sounds like you have had some bad experiences of your own. Thank you for your comments and advise. I sent my letter to the California Bar this morning regarding Robert E. Weiss, Inc.
I also sent a complaint to the District Attorney. When I first received a letter from Cendant Mortgage regarding the purchase of my loan by Litton Loan Servicing LLP it included the information on RESPA. I found an example letter in FDIC format on the internet and sent it to both Cendant and Litton.
From both parties I received an acknowledgement of receipt and that my information would be researched and I would be responded to in 60 days.
That was back in March of this year. To date I have not received a response from either Cendant or Litton. Copies of these letters and acknowledgemets were also sent to Robert E. Weiss, Inc., which as ususal was ignored. These RESPA complaints did not seem to have any impact on the foreclosure or bankruptcy proceedings.
Is there another organization that I should have reported this to? Also I was wondering where you feel the conflict is with having Robert E. Weiss, Inc., acting as the lender trustee for the foreclosure and the bankruptcy attorney.
I appreciate your comments, and I will definitely not stop shouting and complaining until something is done to Cendant and Litton. I did notice that when Robert E. Weiss, Inc. supplied their proof of claim to the Bankruptcy Court that prior to their signature it warned them about the $500,000 fine for filing a fraudulant claim. I'd like to see them have to pay this fine to the bankruptcy court but do not know how to go about it without hiring an attorney again.
Diane
Buffalo,New York,
U.S.A.
Litton Loam Servicing and Cendant Mortgage nothing but scum and liars
#5Consumer Comment
Fri, October 15, 2004
This is for Wynn in California about Cendant Mortgage, start doing some research on Cendant and you will note that they have had numerous problems for a very long time. So it makes sense that they have sold your account to another fraudster Litton Loan.
Not sure if you are aware of the high frequency of foreclosures in PA, but the Pocono Record ran an article in August, 2004 and Cendant Mortgage was inlcuded in the listings. Attaching a portion of the article noting some of the companies that
are noted as Predatory;
The five other lenders working with the state may have been involved primarily in the secondary mortgage market buying loans originated by other lenders state Banking Department officials said Tuesday. They are Cenlar, M&T Mortgage Corp., Ocwen Federal Bank, SPS-Select Portfolio Servicing, and Valley National Bank/VNB Mortgage. These five were not on the list of 30 lenders with high foreclosures.
Nineteen other companies identified as major lenders among foreclosure properties but not participating in the state mediation effort include some local companies. Chapel Creek Mortgage, a lender associated with developer Gene Percudani, eventually sold most of its loans to Chase Manhattan. East Stroudsburg Savings Association also is on the state list of high-foreclosure lenders.
Other institutions making the state list are Alliance Funding/Superior Bank, Ameriquest Mortgage, Cendant, First Union Mortgage, Franklin First, FT Mortgage Co., FTM Mortgage, Greenpoint Mortgage Corp., Irwin Mortgage/Inland, Long Beach Mortgage, Mellon, Nationscredit/Ecquicredit, North Atlantic Mortgage, Option One, Parkway Mortgage, PNC/First Eastern, and Public Savings Bank.
For more information about the state's mortgage mediation program call 888-472-0456. (link to article: http://www.poconorecord.com/report/lost_homes/003951.htm).
Next there may be a conflict of interest with the trustee, Robert E. Weiss, Inc. also acting as Litton's attorney.
Suggest you contact the BBB in Houston, TX, next call or write the Bar Association attorneys are supposed to follow certain rules of ethics, there may be some violations that you could use as a defense. Also, since BK is regulated by federal law double check the federal civil rules, etc.
Then your comment about correspondance sent Litton and Weiss law firm, common courtesy seems lacking in this situation. You should write a RESPA Letter (FDIC format) this could assist in delaying any further action Litton and Weiss is contemplating.
The RESPA letter is a formal request for an audit of your account. Would also write one to Cendant.
Next since Cendant is already labeled as a predator and we all know Litton Loan is one, complain to the AG in your state and cc Eliott Spitzer in NY and contact the PA offices.
Continue shouting and complaining about these autrocities all over the country. Do not give up
there are many groups on the internetlike Yahoo, good people just like you who are joining forces to stop Litton Loan, and now Cendant Mortgage. Look forward to you joining in the fight.
Good luck!