Complaint Review: EMC Mortgage Corporation - Irving Texas

Well,

For months our friends at EMC have been giving me the run around about our mortgage payments . I am like many others who's loan with United Funding was in perfectly good standing for years , which was destroyed when the bumbling fools at EMC bought out the bankrupt UC Lending / United Funding companies .

Apon our loan origination we had our own home insurance , we paid it on our own without need of the finance company . EMC decided once they take over that we don't have insurance and charge us a high premium for craptastic insurance . We contact them and agree they need information so we have the agent / insurance carrier fax them proof of insurance .

Apon receiving this they agree we have insurance and remove the charges from our escrow . A month goes by and we receive the same notice from them about not having insurance ... again we get them the paperwork again it's removed . This continues 4 or 5 more times until we got the point that EMC obviously wanted to steal more cash from us to make interest on .

After they decided to show us paying late because we refused to pay insurance twice in a month (our personal and the insurance EMC layed apon our account) we started getting letters of loan default and such . At this point we figured out we could not win and allowed them to carry the insurance of our choice . They did not care that it was not thier hand picked , just that we gave them extra cash every month to earn interest off of .

This fixed our problems with EMC , or so we thought . Not long ago we decided to start looking at buying a new home and once our credit was run we find EMC has been socking us with 30 day late pays on our credit and rolling late fees into our account . My wife calls in her payment , she thought the service was free but later we figured out it was $9.95 per useage . EMC decided to break Florida laws and do things thier own way . They decided since we "phoned a check" that they can hold crediting our account until they have the CASH in thier hands . So , they write the check and submit it to our bank and receive the cash transfer before they would credit our account with a payment made .

Florida law says once they accept payment the payment has been made and by accepting the phone pay they have accepted the payment for given month . EMC does not care , they do it how they want to . I also find out that I have a address in Alabama listed as a prior residence but yet Ive never even driven a car through Alabama . Im guessing that EMC has me and the person in Bama confused , I found his phone number on my equifax credit file and ran a reverse lookup and imagine that his first and last names match mine !!

Im figuring EMC has been screwing both of our accounts up because of the same name . Im currently trying to contact him . So as it stands now , EMC shows on my credit that Ive been : 30 days late in April , 60 May , 30 june , and 30 July 2003 . It's current past that for some reason . Now , when I call EMC they say "Your payments are perfect from April on , the beaur is reporting incorrectly" . So I proceed to file a dispute with all 3 beauru's to which EMC responds that my file is correct and I have several late pays !

I call EMC back and same story , it's not thier fault and the credit beauru's are just putting late payments on my credit on thier own ! So I got sick of this because the mortgage broker told me I can forget getting a home until it's been 1 year since last late pay ....... now Im pissed off .

I consult a lawyer and he tells me to sue EMC for $5,00 in small claims court to get the issue fixed ... quote "They will do something once the lawsuit is filed , Ive seen may companies who could not figure out how to fix a problem until they knew 5K was on the line" .

So , I call EMC because I need the name and phone number of thier "Agent for Service of Process" , I need the name address and phone number for this person . I do a websearch and find a Chris Canyon in thier legal department and call .

He says "Let us pull your file up and see whats going on , perhaps we can fix this without resorting to a suit " "Give me till Friday and Ill call you back" That of course was months ago , we called every Friday to get the same BS until they transfered us to a new woman that "needed to get your file and view it then call you back in the next few days "

Of course Ive never heard from her . I had decided to forget it all and wait since we talked to the broker and wrote a explanation to him . He told us once October 1st rolled around he could do it if no other lates showed up . This was before EMC slammed me for everything after April , up to that point April was showing late pay , nothing newer .

I received by bill on Friday afternoon and it showed my payment as late and I was assesed a fee . I flew off the handle because my wife had payed it on the 7th of September ... they credited it on the 19th of September . By doing so they made some more cash off me . It's ok though .......

Ive currently got the paperwork Ive amassed for the past 6 months layed out along with filing papers to sue them . The copies of checks and payments VS the bad marks on my credit should be enough evidence in court to win the $5,000 Im suing them for . Once I win , Ill use the 5K for a downpayment on our new house , which certainly won't be financed through EMC .

Im sure once they figure out what they have done they will want to settle out of court but thats too late now . Im going to let the pricks know that if perhaps they had called me back "in a couple days" this could have been avoided and since they caused me so much grief the only settlment Ill accept is a check for $5,000 , a cleared credit file , and a letter of explanation sent to anyone who has pulled my credit in the past 2 years . Plus I want a letter of apology from them to me and my wife .

If they want to give into my demands , Ill be glad to keep the settlement out of the public eye . If I had more money Id sue them for enough to pay off my mortgage but alas I don't so just getting a new home with a new lender will have to suffice .

Shamefully most everyone who has EMC was not by choice , they are bottom feeding leeches that prey on bankrupt companies to feed thier budget .

This could all end if our governemt would inact laws to prevent your mortgage or any other loan from being sold to the high bidder . If we were given choices , companies like EMC would not even exsist .

Chris

Cocoa, Florida
U.S.A.

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