Complaint Review: Wachovia Mortgage - San Antonio Texas

Our mortgage company STOLE our home!!!!! We'd been in our home for over 11 years and had NEVER been late on our mortgage payment when around Oct 2007 we received a notice of intent to foreclose from World Savings. When we called, they claimed they had no record of our last three payments. When we presented them with PROOF that these payments HAD been made, they claimed that the payments had been placed in an unapplied holding account due to an alleged $300 short stemming from our Sept. 29 payment.. Problem with this is 1st: the payment in question was made using automated phone payment system which is set up to take nothing short of FULL payment, so if there was a short, it would have been entirely due to bank error. 2nd: they began 'holding' payments not in Sept, but in AUGUST!!! 3rd: our contract states that short payments would be applied to the outstanding balance, not placed in an 'unapplied holding account' and FORGOTTEN while they foreclose on our house!!!! (World was sued in a class action suit for losing client payments, which we discovered too late to join. World had lost at least six of our past payments over the years, some of which we had proof of, the others we just had to pay again)

We attempted to make payment (again) online, as we usually do, but found that we were unable to access our account, we tried calling World Savings but received a message that World Savings was now Wachovia, so we went to what used to be the World Saving branch, with more than enough money to cover at least three months' payments but Wachovia reps claimed that World accounts had not been transferred to Wachovia so they could not accept payment. We made numerous attempts to rectify our account but World could not be reached and Wachovia continued to refuse payment in full, maintaining that World accounts had not been transferred to Wachovia, so they could not accept payments for World Savings accounts.

Months later, we received a reinstatement quote from Wachovia. We were relieved that they seemed to finally have retrieved our account, but when we called to make payment, they again refused, claiming that they did not have the World accounts!!!! I have an email from Wachovia stating this very thing, dated 8 days after the reinstatement quote!

This has been going on for over a year! Wachovia sent several more reinstatement quotes over the following months but every time we attempted to make payment, they claimed that they did not have the World accounts, so could not accept payment, or they would refuse to tell us anything at all. We wrote inquiries about once a month but received only vague form letters stating that it would take them up to 30 days to research the matter, and still we never received any answers. They put our house up for auction on Aug, 18, 2008 (it went back to the bank), they came to the door the following day and gave us 3 days to vacate, saying that the sheriff would come to throw us out and they'd sell all of our belongings. We divided our four young children amongst the grandparents and they lost their places in school, all falling behind and traumatized. We are self-employed and run our business from our home. I am management, customer service, graphic designer and marketing director, but since I've been spending up to 12 hours a day fighting Wachovia, our business has suffered as well. Our credit is ruined, our business is sinking like the Titanic, our children have all fallen behind in school and all of us have been severely traumatized. We've been camping out' in our house, with most of our belongings in storage. We were to go to trial Nov 12, 2008 on unlawful detainer, but Wachovia's attorney claimed the judge would likely give us 24 hours to vacate and Wachovia would give us 40 days (until Dec. 22) we agreed to the latter instead of going before the judge; assuming we would be able to retain an attorney by then. If we lose our home, we lose our business and will have no means of getting back on our feet; we will have nowhere to go. In short, our lives will be over.

We have hard-copy documentation proving all allegations. Every document they've sent has further served to prove that they are entirely at fault.

I've spent the entirety of the past year and a half fighting this; writing letters and emails, making phone calls, appealing to every regulatory and governing entity in the nation short of the President, himself. There appear to be no laws to protect consumers against big business. Justice appears to be reserved for those who can afford the $15,000 retainer fee for an attorney :-(

However, anyone else having a 'pick-a-payment' loan is encouraged to contact the law offices of Jeffrey K. Berns @ 1(818)959-4529 who are handling a class action suit on this. Any World-to Wachovia victims of illegal foreclosure is encouraged to get the word out so we can join forces and get a class action suit going! I've contacted Mills Law Firm in San Francisco and they need more plaintiffs to come forward to get this going! Contact your representatives, let them know what's going on, demand justice! My voice alone will not get it done.

Kaila

tracy, California

U.S.A.

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