Complaint Review: AMC Mortage Services Inc. - Ameriquest - Santa Ana California

We refinanced through AMC Mortgage Company (a subsidiary of Ameriqest Mortage Company)around March of last year which included consolidating all our debt. Initially we were told that the taxes and insurance were included in the monthly charges. To make a long story short, we fell behind on the payments which ended up being more than our previous ones. I was going to Hamline and working but it wasn't enough.

Around two months ago we arranged to make a lump payment (with someone through AMC by the name of Randy) of 2,400.00 dollars to AMC and divide the rest of the arrears into the next 12 payments which would add 200.00 on to each montly bill. We were told that we would recieve comformation of this agreement in the mail. We sent the check in and kept checking through the bank if it was cashed and looking for the letterin the mail. They never cashed it, we never recieved a letter and three weeks later we got a forclosure letter form a law firm in Edina. We put a stop payment on the check and held the money until we could get a hold of someone at AMC due to the fact that Randy was not answering his phone and his voicemail was full. We finally got a hold of somene else because apparently Randy was no longer there due to the fact that the mortage company was in the proccess of downsizing to avoid bankruptsy themselves.

We talked to a person named Lori on June 5th concerning our previous agreement and to find out what was going on with our loan. She told us to fax her the following information: proof of income (check stubs from my three jobs and his one) and total monthly expenses incurred. We got a hold of her the following Friday to go over our new "agreement." We were then told to disregard the forclosure letter and to send in 4,500.00 dollars on July 6th, and the rest again would be broken down to an added 200.00 dollars a month until paid off. We were also told that they were going to add a 10,000.00 dollar charge on our mortage to cover the attorney cost of starting the oprocess of forclosure with obtaining the law firm to write us the letter. Again, we were told that "something would be coming in the mail" for us to sign to verify this agreement. This was about ten days ago.

Last night we were served a letter of sheriffs sale which will be held downtown on July 26th of this year. Do we have any way to contest this and most importantly do we have any legal recourse to take against AMC mortage? It seems they made a binding agreement when they went through all the effort to obtain our current financial situation and set up an alternative payment plan. It would be greatly appreciated if you could give me any recomendations that you come up with.

The attorney who signed the Sheriffs sale was Lawerence P. Zielke but the attorney who wrote the forclosure letter was Diane Mach.(I believe) There is one other attorney listed on their letter which is Craig Barbee.

Sharpio, Nordmeyer & Zielke, LLP

7300 Metro Blvd., Suite 390

Edina, MN 55439

952-831-4060

Update:

I looked up AMC (formally Ameriquest Mortage) and this web site has numerous reports of mismanagement and ongoing lawsuits. I also spoke to Denise at Community Action Partnership of Suburban Hennepin at 952-933-9639 ex: 202 and she informed me that there are hundreds of people who are dealing with basically the same issues that we are going through right here in Minnesota alone with AMC , more even nation-wide with several on-going lawsuits right now but she doesn't think there has beeen one started in Minnesota yet.

I was informed from Denise to ask for the forclosure department directly and request to get an update of our file, and if there is no action to request a supervisor to discuss the fact that we were under the assumption that we had a work-out program in progress. The only problem with this advise is that the phone line is automated and if we get transferred over to a live person they tranfer us over to somene with full mailboxes. I went on-line to find out a way to e-mail this company but I am not authorized to send an e-mail due to the fact that we are in forclosure. This is very fustrating. Do we send written documentation to AMC and force them to respond or do they even have to considering the forclosure?

I was wrong about Minnesota not filing lawsuits. See the attorney general office web-site at

http://www.ag.state.mn.us/consumer/PR/PR_060123AmeriquestSettlement.html

Minnesota's fund of the $120 million lawsuit is $4.75 million.

We tried contacting the forclosure department and found out that Lori did work in that department. Rob was able to get Lori's supervisor and his extension number but it went directly to voicemail. A person on the phone the first time when Rob called stated that she saw Lori walking by and tried to transfer him to her but he was put through to her voice mail. Her Supervisor's name is Steve Spassis at ex:39541. Rob left a message with the times that he worked stressing the fact that he gets home after 3:30pm.

I am going to write a memo relating the chronological facts and AMC's payment plan that was set up for us.

Dear Mike Hatch,

(Attorney general for Minnesota)

I am trying to locate the attorney names that handled the lawsuit concerning Ameriquest Mortage in Minnesota. We are currently going through basically the same type of mismanagement and breach of contracts through Ameriquest's subsidiaries which is AMC Mortage. We have until July 25th to try and stop a sherriff's sale on our home. The following is a summary of our case: [see summery of case at beginning of complaint]

If you can direct this information to the appropriate personal so we can get names of any attorneys who worked on the Ameriquest lawsuit in Minnesota and/or for any recourse availiable it would be awsome. Are there any pending lawsuits out there pertaining to fraud by AMC mortage?

If anyone knows of any attorneys who are willing to take up this case please foward the information on to me. If anyone wants to start a new class action law suit against AMC as an extension of the one filed under its parent subsidiary which is Ameriquest please give me your names and contact information.

Rob and Sandy

Brooklyn Center, Minnesota
U.S.A.

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