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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] suing lender Posted by Marlene on February 24, 2002 at 7:13 PM Hello We had been 2 months behind for a while and tried to catch up, ended up paying late fee all the time .Then one month we received one of our payment checks back in the mail , saying it did not represent the amount due on the mortgage .I called and found out that in the mortgage company's eyes , we were now 4 months behind. I thought it was 2 and then when the check came back , I knew it was now three months . Come to find out ,our mortgage co "misapplied" one of our mortgage payments and did not show us making a payment before the returned one. I was on the phone with them every day for at least a months, we received a notice from their attorney that the foreclosure had started and we ended up paying the attorney's fee , reinstatement fee , late fees and all the overdue mortgage payments . It took forever to get any info on the "misapplied" payment. I was told , that they knew it was misapplied , but noone could say where the money went to .I never got to talk with a supervisor at the mortgage company , was told they weren't allowed to give me that info .I was given a different person to talk with each time I called and sometimes was told to call back at a certain time , just to find out the peron I was to call was either in a meeting or at lunch . I don't believe they would have started foreclosure , had they posted the first(misapplied) payment .They would not have returned the next payment , they never had before . I also think ,we should not have had to pay the attorney fees etc.and I think they owe us to get the foreclosure off our credit report , since they lost the money and could not find it for over a month and started foreclosure . What should I do ? Is it worth going to small claims court over this and if so ,how do I go about it ? I got a copy of the reinstatement from the county recorder , because I didn't trust them with that either . Thanks for your time Marlene Follow Ups: Not worth the additional expense Reinstatement Services, Inc. 7:31 PM, 02/24/02 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Hello : We had been 2 months behind for a while and tried to catch up, : ended up paying late fee all the time .Then one month we received : one of our payment checks back in the mail , saying it did not represent the amount due on the mortgage .I called and found out that in the mortgage company's eyes , we were now 4 months behind. : I thought it was 2 and then when the check came back , I knew it was now three months . : Come to find out ,our mortgage co "misapplied" one of our mortgage payments and did not show us making a payment before the returned one. : I was on the phone with them every day for at least a months, : we received a notice from their attorney that the foreclosure had started and we ended up paying the attorney's fee , reinstatement fee , late fees and all the overdue mortgage payments . : It took forever to get any info on the "misapplied" payment. : I was told , that they knew it was misapplied , but noone could say where the money went to .I never got to talk with a supervisor at the mortgage company , was told they weren't allowed to give me that info .I was given a different person to talk with each time I called and sometimes was told to call back at a certain time , just to find out the peron I was to call was either in a meeting or at lunch . : I don't believe they would have started foreclosure , had they : posted the first(misapplied) payment .They would not have returned the next payment , they never had before . : I also think ,we should not have had to pay the attorney fees etc.and I think they owe us to get the foreclosure off our credit report , since they lost the money and could not find it : for over a month and started foreclosure . : What should I do ? Is it worth going to small claims court over this and if so ,how do I go about it ? : I got a copy of the reinstatement from the county recorder , because I didn't trust them with that either . : Thanks for your time : Marlene Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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