February 2007 we were 2 months behind in mortgage and received a form document demanding payment of arrears by deadline or foreclosure would be initiated. We decided to get an application to withdraw the funds necessary to bring the loan current from the 401K. Getting the application took a little time, March was here with another payment owing and I became victimized by a Canadian Lottery Scam - Cost our checking account $3,000.00. Prepared application to withdraw funds for 3 months mortgage to bring current. APPLICATION DENIED - Amount Requested did not Match the Amount on Demand Notice from EMC Mortgage Corporation. THAT'S WHEN THE TROUBLE STARTED. CALLED EMC and explained what had happened and requested a current statement of amount owing, date and statement of their intent to foreclose. I had reps tell me it was called a 401K letter and they'd get it right out. I never received, called again. Told they couldn't mail out that kind of statement, it wasn't in their procedures, I wasn't far enough behind, told I needed to be 4 months behind before such a statement could be generated. But, you sent such statement in February got me no where. Ok, they got payment in March which left us only 3 months behind so I needed to wait and the computer would automatically kick one out - I was told. Later calls, after no receipt, I was told you can't just stop making payment, waiting for us to send a letter that we're not going to send as they have not chosen the sale date yet. WHAT??? Customer Service Reps only deal with one area, accepting payments or promise to pay.
NOW THEY'VE SENT THE TRUSTEE'S NOTICE OF SALE - Demanding payment of Contract in FULL or our home is being auctioned in October.
NOW I'm so confused. We want to keep our home, fell on hard times and expensive circumstances and got behind. We were willing to use some of our retirement money to bring the loan current and get back on track with our monthly payments. BY LAW, I'M TOLD, ONCE YOU DEFAULT ON YOUR LOAN THE LENDER CAN DO ANYTHING THEY WANT - NO, THEY DO NOT HAVE TO ASSIST YOU WITH PROVIDING DOCS, necessary by Fedral Law to get a "Hardship Withdrawal" on a retirement account. They don't have to accept payment that brings the loan current. WHY SHOULD THEY - THEY WANT OUR PROPERTY WHICH THEY'VE FORCED US TO PAY MONTHLY PROPERTY MORTGAGE INSURANCE ON. They win all the way around and the homeowner is now HOMELESS - YES, IN THE UNITED STATES OF AMERICA - THE STRUGGLING, WORKING, CAUCASION MALE GETS THE SHAFT!!!
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