This complaint will consist of two letters I’ve previous sent elsewhere.September 12,2012
Shannon ScottP O Box 4772Overland Park,KS66204
I am asking for assistance from your office. First I must apologize for the length of this letter, there is so much that has to be said. I am writing you because Pam Johnson @ the housing counseling resource center said you are a great resource. I never intended not to pay my debt. In 2009, I became underemployed when I lost one of the two jobs I worked. It happened to be the main source of my income. Meanwhile, my husband’s business was slowly growing. This is where I fell behind on my mortage. I continued to send in payments until the mortage company wouldn’t accept them any longer. I was also willing to send in partial payments but they said that was not allowed. I filled out a financial analysis form through the mortage company. I then completed counseling on the phone through the HOPE hotline with a company call Springboard who submitted their recommendations to my lender that stated I was able to do a repayment plan. From this information, in December 2011, Nationwide offered us a payment arrangement of $3,000 mthly for one year to get caught up. During this time I was researching a company called RMA legal network. I decided to go with RMA because I felt the $3,000 was a bit too high and I wanted to negotiate a little lower payment. I was advised to submit all correspondence from my lender to the company, and not to contact my lender on my own because that was the job of the negotiator. I paid this company to help us keep our home and in the end I feel like our case was not given the individual attention needed. The negotiator worked my case with the same cookie cutter plan she was accustomed to. I continuously called and emailed to get updates. Phone calls go unanswered or un-returned, I would have to resort to sending multiple faxes, emails, and/ or phone calls to get her attention. I often had to call the customer relations line for a reply and the Sr. Legal Asst. Hugo Rodriguez who enrolled me in the program. As disgusted I am with this company, I feel as equally wronged by my lender Nationwide. The entire time I’ve thought we were headed in the right direction, there was no progress made. We were not offered a forbearance, deed in lieu, deed for lease, nor a short sale. The day before my sale date, DoriAnn Wright, the negotiator on my case, suddenly had an epiphany and so called figured out that my lender was only using my income and not my husband’s. She also stated that my lender was not following Fannie Mae guidelines. THE DAY BEFORE MY SALE DATE! The plan all along was to show his income as well. She also indicated that the lender was not calculating the income correctly period. She then urged me to find an attorney to file a restraining order on my lender,“ it could cost upto $2,000”. This was @ 4:00 pm on August 28, 2012, the day before my sale date. Eight months, and this was my end result. I feel that from January to now was more than ample time for any issues like these to have been figured out. During this process, I have had two sale dates on my property, one I was advised by the Sr. Atty. Hugo Rodrigez to advised me to file an emergency chapter 13. He referred me to a paralegal by the name of Jeffery Giordano, @ best debt consulting), who also charged me a fee to prepare the paperwork for me and gave me instructions on how to file it @ the court house. They explain that this will buy us a little more time to get a plan worked out with the lender. I communicated this with my negotiator, and now that I’ve lost my home she doesn’t acknowledge me ever stating this to her. “ I would have advised you to stick with it because this is what would have saved your home”. Now I am barred from filing any bankruptcy I am eligible for for the next six month. On September 5, 2012 I spoke with Lisa Nicholson, the head of loss mitigation @ Nationwide. She never gave me a break down of the income like I asked. She did state that it was not clear that my husband’s income was to be considered as well and that they never received a financial form with his signature on it. When I spoke to another rep. in the loss mitigation dept. on August 28, 2012, by the name of Melinda, she said that she saw where another financial analysis form came through on August 27th, “but nothing will be done with it because your sale date is tomorrow”. I feel that once it was determined the income was not being processed correctly, this was grounds to postpone my sale date. Supposely Lisa made a request to Fannie Mae to do so and they declined. I was told this decision was reached in less than an hours time @ the end of the business day. However, when I asked her for Fannie Mae’s phone # during our conversation on September 5th, she had to look it up to give it to me, “I’ll give you a call back in a couple of minutes”, again, 4:56pm. I never got a call back. I called the loss mitigation dept. on the 6th and asked Rory for the number. I had the # already, I wanted to see if they had a different one. Everytime I call Fannie Mae, I don’t get straight answers. Lisa states that my home is back with the investor, Fannie Mae, there is nothing they can do @ this point. I am in a redemption stage. I’ve been researching, and I see programs where people have been wronged during the foreclosure process and their loans were reinstated. I have definitely been wronged. I have filed complaints on both my lender and RMA with the Atty. General office. I have submitted proof for 8mths that we can afford to pay our note and for 8mths I have been given the run away by both my lender and third party. Congressman, I am not looking for a hand out. I feel in my gut that my case was not treated right. All anyone can tell me now is, think of this as a new start. What??? I have kids who love the schools they go to. My son just started middle school, this is a huge adjustment for him. We can pay our note and both parties have the proof. My lender chose not to extend any other option. It’s sad, I got more action and feedback from the housing counsel in one week than I got from RMA or my lender in 8mths and it was free. I am so discouraged. Can you please let direct me in the right direction. I know this letter is long, but believe it or not I still have more to add but just can’t put it into words. Please let me know what I can do, or how your office can help.Sincerely,Shannon Scott
August 28, 2012
More to add:
I didn’t get the housing counsel involved until 8/13/12, I was in touch with the Chicago office. Michelle did my intake and I was forwarded on to Lidiette. Lidiette stated that I wouldn’t be eligible for a MHA loan modification because one was done earlier on my and I didn’t qualify for a fannie mae modification because I didn’t reduction in payment did not meet the requirement. She is the one who argued me right away to contact a local housing counsel. This is when I found Pam Johnson who gave me a grocery list of this to do. She’s been very helpful. She told me to get on the phone and call Nationwide, ask if my acct. was assigned to someone, who, and to ask for my sale date to be postponed and let them know that I had an appt. to meet with a counselor from the housing counsel on Tuesday, 8/28/12. This was the sooniest she Pam could get me in.
Spoke to Malinda@Nationwide. Asked her if they received the additional information I was asked by DoriAnn@rmalegal network to fax to her so she can fax over to Nationwide on 8/27/12( contribution letter from husband, proof of his residency, and bank statements), Malinda stated that she did see another financial form submitted on 8/27/12, but it was too late since the sale date is tomorrow 8/29/12, nothing can be done. I asked about forberrance, the repayment plan that we were originally offered before I started working with RMA and she said there was nothing available for retention. So @ that time I was denied without my husband’s income being concerned when during the entire process I was told that we needed my husband’s income to qualify.
In the meanwhile, I sent DoriAnn an email about what I just discussed with Miranda. DoriAnn then called me and explained to me that she is working with someone named Rory @ Nationwide. Malinda is a customer service rep. in the default dept. She also stated the additional items that she requested from me on 8/27/12, ( contribution letter from husband, proof of his residency, and bank statements), according to Rory were in review with the underwriter. I asked her when did she speak to Nationwide? She said this morning. I asked if there was a time line? She said no, unfortunately if she pushes too much, Nationwide would just push it aside.
I spent the rest of my morning calling around to different attorney’s for advice. Since all of this I was advised to file an emergency chapter 13 back in April by one of the senior advisors @ rma to buy time for them to get a modification done. So, because I look like a chronic filer, I am barred to file any bk I am eligible for for 6mths. I pondered not going to the appt. I had with Pam because I was so discouraged.
From the time I spoke with DoriAnn @ 10am, I hadn’t heard anything new. I decided to keep my appt. with Pam. She took me through the intake process got everything entered into the HOPE portal. She called my lender to get info she needed to fill out one of the docs. She explained to them who she was and asked for a postponement on my behalf still no go. Around 3;30pm, Pam stepped out the room to make copies of my documents. I called DoriAnn and asked if she heard anything. She was hotter than a wet hen….she said that Nationwide denied me even with my husband’s income. She also stated that Nationwide had not been following Fannie Mae guidelines nor have they been calulationing the income correctly. Remember, I was told from the beginning my husband income was going to be considered as well, and it wasn’t. She stated that Nationwide is to get permission from Fannie Mae every step of the way and it was not done. She said she was told that she had to call Fannie Mae and get ask for an emergency stop sale, she then explained that it is the servicers responsibility to do so. She stated that as she was on the phone with Fannie Mae she had another associate on the phone with Alicia Nichols some manager @ Nationwide walking her through how to ask Fannie Mae for this emergency stop sale. I asked her what time all of this took place? She said since 3:30pm (NewYork time). So now it is 4:30pm her time and she is waiting to hear from Nationwide if the sale is postponed. I get a call from her about 20 mins later, and she said that Nationwide said Fannie Mae didn’t approve it. DoriAnn stated that it is her belief they are lying because she has never gotten any answer back that quick from them. She stated she has voiced a compliant with the Kansas Attorney General office, she left a message for both Judge Vino and his Asst. Oh, DoriAnn said she spoke to a Jessica and a Christina @ Fannie Mae.
My compliant is against both Nationwide and Rma because:
1. Nationwide already knew they were not going to do another modification
2. Had RMA been on top of things they would have known if Nationwide was not following Fannie Mae guides.
3. I took forever just to get an update, and everything I requested one the requested me to send in the same things no matter if they’ve already asked for them or not.
4. The advice I got from RMA always cost me money and is always a temporary fix. (Emergency chapter 13).
5. Everytime I’ve gotten correspondence from Nationwide, it has been after they’ve requested RMA to have me send in more doc. EX: I got mail from Nationwide dated 8/13/12 stating they couldn’t review my file because it was in complete but I just got a request from RMA on 8/21/12 to something else in but the envelope from Nationwide was stamped 8/23/12.
6. I generally feel like I was just sprung along. I started working with RMA in January 2012. DoriAnn stated today that she’s been neogiating my case since April 2012. All this time, money, and no favorable result. I love how the mortage company is quick to say that they’ve not received a payment since whatever date, but what they don’t say is we stopped accepting her payment such and such date. Nor would they accept a partial payment.
I sorry this is so lengthy. Pam told me to makesure I documented everything.
I don’t know what the outcome will be, but this is my official compliant.
Thank You Kindly,