Countrywide Home Loans - mishandling receipt of payments - caused foreclosure

Complaints.com received the following consumer message on July 5, 2002:

From: Thurman /* */

RE: Countrywide Home Loans - mishandling receipt of payments - caused foreclosure

Countrywide Home Loans has erroneously recorded payment information which caused the foreclosure and subsequent auction sale of my home.

I was paying my mortgage payments to Countrywide Home Loans as directed by the courts and my attorney pursuant to our Ch. 13 plan. Eight months into this plan, I had to appear in court because Countrwide Home Loans filed a Notice of Motion and Motion for Relief From Automatic Stay of the bankruptcy. This means they had filed a complaint with the courts that I was not paying as agreed (8 pymts remain unpaid?).

While in court, we were told by the attorney of Countrywide Home Loans (via telephone/televised teleconference)that if we faxed copies of cancelled checks, providing proof of on-time payments, he would get back with us and reconsider the motion, and we agreed.

Within a few days I was able to get back copies of all my cancelled checks and took them to my attorney. While in my attorney's office, we were told by the attorney at Countrywide Home Loans that his work-load was overwelming, after reviewing the file and cancelled checks he would get back with us as soon as he could.

Next, April 20th (Saturday) in regular mail (not certified, etc.), my attorney and I receive an "Order Granting Motion for Relief From Automatic Stay". We called Countrywide's Foreclosure Dept. and we were told that our home was sold at auction the previous day. Because I demanded the customer service person double-check with someone else, ie. a supervisor, she did speak with a technical person who handled these cases.

Within minutes I was told by this same customer service person that it was an error and the sale was not valid, but to check back within a few days, the tech's require our follow-up if we want this fixed in a timely manner. Two days later, another customer service rep from Countrywide left a message on my answering machine, "the sale was valid".

To make a long story short, we have received an Unlawful Detainer; in other words- remove all personal property from the property and get out, or face further legal action. I have also since then been told by the Work-Out Dept. that it was noted in our file, "the sale is being rescinded".

Since then this same person has read in our file, that another Countrywide employee noted that April and May 2002 payments were not made. Most recently I've been told that it was also noted in our file that our first three payments, since the Bankruptcy, hadn't been made.

ALL OF THESE STATEMENTS ARE FALSE, PROVED UNTRUE BY OUR DOCUMENTED CANCELLED CHECKS RECEIVED BY COUNTRYWIDE ON TIME.

NOT ONE PERSON at COUNTRYWIDE HOME LOANS is sure what is fact or fiction about our situation. We need resolution. I believe that there has been an egregious error and despite the considerable emotional distress suffered as a result of this I simply want title to my home to be rightfully restored.

If anyone else has experienced similar circumstances with Countrywide Home Loans, PLEASE CONTACT ME IMMEDIATELY.

Comment On This

I have had problems with Countrywide charging me for homeowners insurance that I verified I ALREADY had on my own. They took money from my payments to put towards insurance with them which of course left me being short on my mortgage. Many times proof of insurance was sent to them.

I fell behind on my mortgage thus creating a foreclosure notice. The rep I spoke with along with my financial advisor on the same line worked out an arrangement. The money was sent to them only to be returned stating with a letter that the amount was not enough. I called Countrywide and the rep I spoke with didn't have documentation of any such agreement. Soooooo they of course asked for more money...... I contacted a VERY helpful woman from HOPE and we have worked out yet another agreement. I am in the process of sending them their agreed upon money to stop foreclosure. This has been an emotional nightmare.

Comment On This

I haven't lost my house yet but, the last 3 months of my payments were put into my escrow acct. Imagine that.

They have this past month fixed this. But the credit bureau so far has not been reported to that it was a mistake.

(on their part). If you still have records of the transactions it is possible that they did this very thing to you.

I'm seeing a lawyer as this is misappropriations of funds and there are more out there with this same problem.

Comment On This

I have been working with CountryWide due to illnesses for my husband and myself. It was a bad deal from CountryWide from day one of the mortgage. They are very slow to resolve issues. I am interested in filing suit as well. I have all my documentation of my whole experience.

Comment On This

Do anyone know of an class action lawsuit? US Trustee is currently investigating Countrywide.

Comment On This

I too have had my share of issues. I had been ill and had medical bills, and when I got to the point to pay my house payments for 2 months at once. They said my house was going to go into foreclosure in the next 2 weeks. Then it would be 3 months late. They added on some legal fees and contract fees, etc. to the tune of approx. $2500.00. I was told at that time to pay the 2 months mortgage with the additional 2500. or else. Obviously who has that kind of money, I asked if they could work with me due to my illness. They were totally unbending. I did the workout agreement, paid for 8 months almost double my monthly payment. And low and behold they had not only presented me to the credit agencies as late but on the initial month they had me as 90 days late, and every month during the 8 month period that I made my payments on time they had me as 60 days late. My credit is shot, and I have lost 3 lines of credit due to this. I called a supervisor in the workout department to write a letter letting the credit agency know that my payments during workout were truly "ontime". The supervisor said I m sorry thats our policy during workouts. I said it was erroneaous, I was making my monthly plus the extra fees on top. I truly dispise Countrywide. They have ruined my credit, and not to mention they cant seem to get my home owners insurance straight regardless my agent faxing countless copies. They keep billing for their self implied insurance!! God help us all!! I definetly want in on a class action suit.

Comment On This

I too am having problems with Countrywide. As of 2004 my husband & I had a disability insuance with Unum Provident, we invested $8,000.00 into these policies. In late 2006 we were informed that he needed to have his hip replaced. Jan. 2007 proceeded to have total hip replacement. It took 4months for Unum provident to inform us that they wouldn't pay. During recovery we depleted our savings paying household bills including the mortgage. We then sent in hardship letters and contacted the "workout" dept. They told us that "if we made $600.00 more every month they would help". My husband rushed back to work 4months after surgery and gradually worked his way to 40hours every week. Have also been on touch with the "Hope dept" in Countrywide and have been trying to work something out with them for approx. 1year. Coutrywide called and told us that we could pay partial payments, then they called and said they wouldn't accept partial payments. My husband just recently received a raise with work and now we can finally start making regular payment to Countrywide but they will not accept any payments and told via phone that we are in forclosure.

Comment On This

My husband and I have a loan with Countrywide also. After many calls, and listening to the voice on the other end telling me to press a number to be helped then waiting 20 minutes or more to be disconnected I finally spoke to a human being in their "Workout" department, telling me that they cannot help me save my home. After reading all these complaints, I don't feel alone. If there is a class action suit please include me in. I fear even trying to work with them after reading all these comments about their experiences.

Comment On This

I too have experienced this from Countrywide. I had called to make my payment and was told sorry you are in foreclosure. They held part of a payment in escrow. It is still sitting there. I faxed them all my bank statements from where they took the money out of my account. They said that there was nothing they could do. I have to pay the foreclosure fees that amounted to 50,000. Several months later they wanted to make a deal. I told them I had moved and was not going back. They then suggested a short sale and it wopuld clear me and my credit. Well it was put up for sale at the price they told the realtor. They had 10 or 12 contracts above the price they wanted and they came back with no they wanted more. Now they are harrassing me about insurance and they state I have no insurance. They have talked to my agent and insurance company and verified it. But they still charged me an additional 5,100 for there forced insurance. I am starting to think it will never end.

Comment On This

I too had problems in 2001. We had a fixed rate and they upped our payments. When I refused to pay more than my mortgage payment they started making my account as unpaid. I replied to their claims via RESPA, but they never responded. I also filed RESPS after my husband was laid off during the whole thing, and again mo reply. They called me at ^:00 every morning wanting to know if I had sent in my money yet, and when I would tell them yes they would ask me when, where, etc. Then they would call again the next day.

When I got a notice for foreclosure and an issue to get out I did, and they accused me of abandonment! So, all in all I got screwed by the Real Estte company who sold me the house since it had had a lein on it since before there was even a house on it. Then I got screwed by Countrywide. I don't have the money to go into years of court, so hey, LET ME KNOW ABOUT A SUIT! greatfultool AT bellsouth.net

Leslie

also, I still get mail offering me home lonas from them!

Comment On This

We have also had similar problems with countrywide and our chapter 13. From what our attorney said, it is illegal for them to post our payments to our arrearages that our on our bankruptcy repayment and that is how they are doing business and we keep getting deeper and deeper in the hole. I am desperately seeking others in this situation too. I want to make a lawsuit if there is not one out there!!! My email is ldycrpntr AT yahoo.com . If I am posting my email on a public website I must obviously be destraught over this whole situation. I am tired of getting screwed by them!

Comment On This

I have also received an unlawful detainer, being sued for $5000.00 late fees and attorney fees, but Countrywide is willing to give me $1500.00 to be out of my house by 1-18-008, or $1000 by 1-25-08.

I had no idea that my house was in foreclosure, I never received anything. They were to be taking my payments bi-weekly from my checking account...they didnt but someone did......

Comment On This

I think the San Francisco Chronicle published an article in mid-November regarding a class action suit.

We were told our loan could be restructured and the next correspondence was notice of a trustee sale. Next, Countrywide confirmed in writing we had obtained another lender for purposes of refinancing the loan to bring it out of foreclosure. The customer service rep confirmed over the phone the Oct. 29th sale date was indefinitely postponed. Then on November 12, a real estate agent sends us a letter claiming eviction procedures were in the works. Eight phone calls to Countrywide had us in circles until the ninth call to an agent at Recon Trust confirmed Countrywide "took back" our house on November 1.

To date we have received no notices or unlawful detainer. We do have an email confirming Countrywide used our escrow account to pay property taxes.

Perhaps Countrywide should have thought about their customers before forcing their CEO to take a $160Million golden parachute.

Comment On This

If anyone is doing a a class action suit, we would also like to know about it.

We have had an arrangement with them to repay on some lates but it doesn't appear that any of the money is going towards this.

Comment On This

If there is a class action suit against Countrywide, count me in! I, too have a chapter 13 with arrearages paid through my trustee payment. Countrywide has not credited our account correctly, and they have us as not having made a payment since May 2007! What idiots!

Also, I received a letter today that stated that it has been brought to Countrywide's attention that since Oct.23, 2007, our home has been vacant and we will be required to pay vacancy insurance on the home. I think that is hysterical since I called them as soon as I opened the letter in my home that is full of furniture, etc.

I talked to Customer Service and demanded to know how they determine that a home is "vacant". I was told that it is done by drive-by. Are they really that STUPID? The house next to me is vacant, but there are 2 cars in their driveway. The only way someone would know it was vacant was if they trespassed on the property and peered through the windows. I was told they would have to send their agent out again to verify that we do, in fact, reside in the home. I told them to make sure they let the agent know that my Rottweiler will, most probably, eat him alive if he steps foot on my property.

I am sick and tired of having to take care of their business since they are too busy causing trouble for all of us to realize that they aren't doing their job. I have told them that I will contact the owner of the vacant home to let him know they were trespassing. I hope they are a little scared now! We need to band together and make them pay off all of our loans to repay us for all of the trouble they are continuously causing!

Comment On This

I too feel that Countrywide has misrepresented their repayment agreement with me. It clearly states in the second paragraph that my scheduled payments would included my regular monthly payment and a portion would go to repair any arrearages. Now they tell me that that is not the case and that I am creating my own interpretation! I read further along in the agreement that they will apply payments as they wish, I guess this is their out. I now wonder what the was the purpose of the repayment schedule they outlined for me in this agreement. I feel that I have been intentionally misled by Countrywide. If anyone is doing a class action lawsuit against them, I would most definitely be interested.

Comment On This

looking for info on class action against countrywide- need adress or e mail to reply to