EMC Mortgage Corporation

EMC Mortgage Corporation Burying Payments Collected By Customers and Customers Don't Receive Credit

Hello, my name is David Longo. My posting of this situation has risen for my desire to ultimately protect the consumer from the same kind of wrongdoing that the corporation who holds my mortgage is responsible for. Hopefully, I will be able to resolve my matter as well. The company I refer to, EMC Mortgage Corporation (payments sent to Irving, Texas), wholly owned subsidiary of The Bear Stearns Companies Inc. (NYSE: BSC), evidently has a history of conducting itself in this manner, because I have located class action lawsuits online that have been held against them for the same behavior. This mortgage corporation is burying payments received by customers and not crediting them for their payments made.

In early December, 2005, on a Saturday evening, I received a phone call from a representative of EMC Mortgage Corporation. She stated that I was past due on my account because a check that I had sent as payment was returned due to insufficient funds. I asked the woman what the check number was and from what ban it was written. She responded that she did not have that information, only that I had a check returned and she was wanting to collect a payment. She said that I would need to speak to someone at the main office during the week to get further information.

Early the following Monday morning, I phoned EMC Mortgage Corporation at the number provided. The representative I talked to "confirmed" that I had a check that was returned due to insufficient funds. I faxed a copy, back and front, of the check in question to the "research department" that I was referred to. At a later date during the evening, I received an automated message from EMC Mortgage Corporation. I returned the call and talked to another representative of EMC Mortgage Corporation who told me the same information - that I had a check returned, but he could not give me details. I asked to speak to a supervisor. After being placed on hold for a couple of minutes, the representative came back on the line and told me that no one was available, but the situation was in research (how he knew this was seemingly the result of talking to a supervisor who didn't want to talk to me). I continued to get automated messages at home, the voice stating that I needed to call EMC - the intent of the message was always to collect a debt.

On another day, I called and talked to another representative who knew no other information other than the fact that a check was returned due to insufficient funds. She also could not tell me which check and from which bank it was returned. I demanded to talk to a supervisor. Knowing I was serious, a gentleman came on the phone claiming he was a supervisor. After much back and forth discussion, he told me it would take a good part of the day to get a copy of the check forwarded to him from another person at EMC and that he would call me back. I received no call that day. Two days later correspondence between this same said supervisor and myself took place again. He told me that a check that was received from someone else (no one connected with me - and the number of the check didn’t correspond with any I had written) for the same exact amount (to the penny) of my mortgage payment. This payment was written in July and was applied to my October payment. I asked what had happened to my October payment. He had no answer. I took the time to go to my checking account online to retrieve a copy of the check in question (this one was October - the first one I provided a copy for was November) - I made an image of the check and, while on the phone with him, I created a web page and placed the copy, back and front, on the web page for him to print. He confirmed that he printed it and told me that it would take 48 hours to see what had happened to this check in EMC's records. Before we ended the call I had asked him to go through a rundown of the months of payments with me. I had taken the mortgage in March and my first payment was due in May. As I mentioned each month and asked "did you receive a payment for this month?" he acknowledged each one Even during our first phone call this person told me that he had every reason to believe that I had made all my payments.

I never heard from him again.

Meanwhile I received another automated message from EMC regarding the returned check and, on Christmas Eve, I received in the mail a notification that my loan was in default and I would have to take measures if I didn't want to have my house foreclosed on. It was anxious Christmas weekend for me.

I called the following Tuesday and talked to this person again. He did not have any progress to report and was becoming a bit defensive.

I have since talked twice to a person in the collections department of EMC, complaining about automated messages, accusations, and late charges in addition to the "missing" payment that continued to appear on my bill. He referred me to a supervisor in customer service. This woman told me that they did have a copy of the check in question and that EMC would place a "temporary" credit on my account until they were able to resolve the issue and she requested that I give them a week to resolve the matter.

There has been no resolution. There has been no credit on my statement - late charges continue to accrue for a payment that I made. EMC has been given proof of payment for any month's payment that was in question. Yet, they continue to lie to me and come up with different stories to delay the matter.

Even when I told the collections representative of the story of the "wrong check from someone else" I was given by EMC’s supervisor, he told me that made no sense. When I told him that I made all my payments and that EMC simply would not give me the satisfaction of acknowledging this fact, he replied, "I understand."

So, it is a constant delay and never a phone call from EMC to try to resolve the matter. All initiative has been mine. They only seem to defend themselves with delays, but have no tangible evidence of any default on my behalf.

I have paid all my bills to EMC and EMC refuses, though lack of action, to acknowledge this fact.

Since, my credit report has been blemished, and a phone cal to EMC Mortgage Corporation to the same supervisor who told me to give her a week to resolve the matter (it's been several weeks now) told me that EMC was in error and all adjustments would be made, including my statements being fixed to reflect proper credit of payment and my credit being taken care of . None of this occurred.

Sincerely,

David Longo

7 White Court

North Providence, RI

02911

401-231-7101

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