GMAC MORTGAGE ILLEGAL FORECLOSURE OF OUR HOME WITH WIFE DISABLED ripoff Jackson Tennessee

The employees at GMAC must be trained on being stupid or ignorant. My husband and I filed Bankruptcy Ch 7 in Dec. 2003, with the agreement to keep our home and pay the mortgage payments and our automobiles. We have not had any trouble with our auto lender. We did not have any trouble with our 2nd mortgage holder.

The only company that we had problems with is GMAC MORTGAGE. GMAC took our payments for Dec 2003 and Jan 2004 and applied them as normal. In Feb they held our payment check and returned it to our attorney(who did not inform us until the end of May) and said we were late with our payment and defaulted on our loan. The Feb. 2004 statement had fees assessed at $600 and stated that we were $1680 in arrears.

Not thinking that anything was wrong I sent them the Feb 2004 payment as usual then the March 2004 payment as usual and these were also sent to the attorney. Then when I sent the April 2004 check they cashed it but applied it to the Feb payment. We received a notice in May that our house was being foreclosed. We were in shock to say the least. I had already sent in the May check when we found this out.

I then went to our bankruptcy attny. John Van Den Bosch in Jackson, TN and was told by his assistant that since the bankruptcy discharge that they no longer worked for us and I would have to figure out what to do myself. I had to call their loss mitagation dept. and first they asked me how much money I had saved up and like a dummy I told them, $2000. They told me to Fed Ex the $2000 overnite by a money order or cashiers check, which I did. Then they told me I would have to pay $800/mo (from $530/mo) for 12 months. They did not inform me that I had other options, only theirs.

Later I found out that I could have applied this to the end of the loan. We were not going to receive our monthly statements, we would have no grace period, it had to be there by the 15th of each month. After making the payments on time for July 2004 through Nov 2004, I called them again in Dec 2004 and told them that I had gone on disability and my long term would not start for 6 to 8 weeks and was there any way possible that we could reduce the payments back to $530/mo and tack on the rest at the end of the mortgage.

I was told by their rep Linda that "Sure, all you have to do is write us a letter explaining our hardship and fax it to them and they would help us." So I did what she asked me to do. When I did not hear from them I called again in Jan 2005 and spoke with Kerri who said that Linda thought we had another source of income to which i replied "If I had another source, I would have listed it, as requested." Then Kerri tells me to send another letter via fax and explain everything all over again. So I did.

When I did not hear from them another month gone by, I called again and was told by Linda that "she decided we could not afford our house." It made me mad, and I told her "What do you mean we cannot afford it, we have lived here for 18 yrs. and she did not know what we could afford." Then I called the company that I worked for and asked for my 401k money early (with a BIG penalty) for a hardship meaning the foreclosure and I was going to use the money to pay off the house.

When I last spoke with Kerri I told her that I wanted the payoff and she asked me when I would have the money and I told her that I have it now. That was the last communication I had with a person. I left messages that were never returned, etc.

I then contacted West TN Legal Scvs. and an attorney there said he would help me settle this mess. I gave him copies of all of my documentation and proof of the payments that we had made, and he tried to work with them but he too got no call backs, etc. He was able to postpone the foreclosure while we reached an agreement, or so we thought.

Before we knew it they set up a date of Aug. 18, 2005, which they reset to another date, which turned out to be Sept 1, 2005, of which we were not informed. (According to Tennessee laws we were supposed to have a meeting with our creditor before a judge and see if we could resolve the issue, and we were supposed to be notified 20 days prior to any foreclosure.)

Anyway, Sept 1, 2005 was the date a man walked into our yard and knocked on the door and informed me he had just bought our home. I was in shock to say the least. The problems and stress of all of this has made my condition worse. We tried court offices, lawyers and anyone we could think of that might could help us. We couldn't even get anyone to look at our proof of payments and the injustice that had happened. It's like we have to pay more money to prove ourselves right.

Why is it when we do something wrong they can send the police to pick us up but if they do something wrong, we have to hire an attorney to prove ourselves right??? Where is the justice in this?? What happened to the American dream? Now they probably have our credit history so messed up that we will be unable to get a loan for another home. Why do they make laws if banks and loan places do not have to abide by them? I am 52 yrs old, disabled and homeless, what are we to do now.

The people at GMAC must be heartless b---ches, but they will have to answer to GOD when the time comes and I don't think he will like it when they say that they did it for their job. That won't cut it. Oh yeah, and a PS of sorts, the money that we paid in 2004, over $7,000, was not even applied to our mortgage balance, they just kept it. They said our payoff in 2005 was MORE than it was in 2004 when we finally found out what they requested.

GMAC
Jackson, Tennessee
U.S.A.