Have you been hurt by EMC Mortgage Corporation? You are not alone...

Thank you for posting the video about how EMC Mortgage oporates. This was exactly the same situation I was in for almost a year. Then EMC simply foreclosed on me on 2/18/09. And how their lawyers, have a suit pending in Arizona Superior Court for forcible Entry and Detainer. Case number CV2009-008192.

Something to note: Absent in a long list of Plaintiffs is EMC, and all the other entities are listed as Plantiff and on another portion of the Summons it states Plaintiff is a foreign corporation. So what is it? Because I now know how the game is played. I know this is all about bypassing the issues of ownership and conduct so EMC gets to steal the house, the taxpayers get to pay for it and EMC makes more money. And were all supposed to be happy.

Of many things that need changing is allowing a servicing company to have the name mortgage in its title. And the disclosure of who and or what the investor is.

I know the tide is turning and I am going to fight as hard as I can to expose this for what it is, fraud,bad faith and so many other criminal acts.

I filed my answer with the court but I know how this game is played too. I am sure the same lawyers working to screw me is likely to have appeared before this judge many times. I am sure they know how the game is play so they can pretend it is about justice and the truth. But I know and many others it is all about who you know. I win on the facts. I lose when it comes to gaming the system.

If the court refuses to set this to a formal hearing were the facts and getting to the facts become this issue I will file in Federal court. I simply refuse to believe that rational and sane people would not look at the way EMC works and other and not do their jobs and enforce the laws

What's the fear? We can't have poor EMC, Chase, using taxpayer's money to pay off lawsuits. No,no,no, we can't have taxpayers doing this. Then our money is needed for much more important things like bonuses for these companies!!

If anyone knows a pro bono lawyer in the Phoenix, Arizona area willing to help me please email me @ peoplesr17@msn.com

EMC chat room? Let me know.

Ralph

I have my mortages with EMC. I have not received written notification from EMC that they were going to forec;pse my home. While I was out today a person left me a flyer saying that their realty company was in charge of selling my house as it had already been foreclosed. I cannot afford to retain an attorney and find myself helpless in this situation. There is more to this story but too long to detail. Can you help AnaF.

Ana -You need to speak to an attorney experienced in this area. I can suggest additionally to see http://www.consumerwarningnetwork.com to learn rights you have. Also -please don't fall for any mortgage "rescue" scams -for more on that see:
http://www.nclc.org/issues/seniors_initiative/content/CFactsForeclosureRescueScams.pdf

Also -please talk to an attorney that is experienced in fighting up against companies such as EMC and those who have been sued for aggressive and illegal tactics. Try emailing mortgageabuse@aol.com (he's been through this) and ask him for a referral to an attorney that may be able to help you.

I need help!!! EMC is trying to foreclose. I am tired of their lying!!! I have written & spoke with their attorney and he now knows all of the REAL truth. I submitted proof that they offered us a proposal. But "POOF" the agent I was working with no longer works for EMC. I owe $159,000.00 on a house now worth $95,000. I cannot refinance anywhere else. My payment is $1388.00. I have lost my job and I am disabled. I DO qualify for the stimulus. First Horizon owned my loan originally. EMC will not tell me who owns the loan. How do I find out??? Am I part of the "Fannie Mae/Freddie Mac" bunch??? Somebody out there PLEASE help me!! I am in chapter 13 bankruptcy so EMC has to go through the court before they can foreclose.

Every single month, almost like clockwork I will get 2 to 3 calls a day from EMC saying that my payment is late. Every month we have to provide proof to them that we are in fact not late with our payment. I have received letters saying that they are going to start foreclosure procedings. My payment is due on the first of the month but not considered late until the 15th. They start calling on the second saying they are trying to collect a debt from me. I am tired of being harassed by these morons. I am glad to see that I am not the only one out there. I for one would not mind seeing all of these banks fail.

Ralph: You have a suit pending in Arizona Superior Court for forcible Entry and Detainer.

Please check your property code. A fed (forcible eviction and detainer)action in my state MUST be filed in the justice court in the county where the property is located. If they didn't file a FED action or filed it in the wrong county, it may be void.

To everyone: Stay OFF the Phone! Phone calls do NOT produce evidence you can use in court. Send them certified letters.

EMC MUST PRODUCE THE "ORIGINAL" NOTE!
Many are telling me EMC blows a gasket when people demand they produce the note. That is because EMC does not have a valid note. But BEWARE... these entities can create what looks like an original.

In order to foreclose, the mortgage/bank must provide evidence of the debt. If they can't, then they can't collect.

You are not disputing you owe the money; you are just making sure that EMC is the one you owe the money to. And they have to prove that to the court by bringing the original. Copies are not acceptable. Without the note - there is no debt.

Also demand they produce all assignments. EMC will know what you mean.

Do not be intimidated by the tactics of EMC or their attorneys. EMC and their lawyers are in a lot of hot water for a variety of civil and criminal violations, and it is too late for them to cover up all the illegal activity they have willfully participated in.

i have a major problem with emc mortgage they are claiming i never payed the last 3 months ,when i have confirmation numbers showing so ,i have payed through speedpay . now they are telling me these confirmation numbers are bogus(but come back to other emc mortgage customers in other states now they are forcing me to pay my payments again and telling me my home is going to be foreclosed on ...please help me my name is pete kochiss i am going to post my number please call me if you know who i can speek with ,,,,,203-627-6413

Peter Kochiss:

Below is a sample letter from the Federal Trade Commission. Fill it out and send it to EMC Mortgage by certified mail. You must get an accurate accounting in writing. Nothing contained in a telephone call can be used as evidence, unless you are in a state that can record telephone calls. Check here to be sure. http://www.rcfp.org/taping/

If you think everyone at EMC is stupid, you are only partially correct. EMC, and others engaged in Mortgage Servicing Fraud, are following a premeditated system that has proven successful at stealing the homes of borrowers who are current with their payments.

They manufacture borrowers into default by manipulating accounts to "indicate" a default. As in your case - when there is no default, EMC creates one.

Aside from the obvious financial windfall EMC receives by illegally taking homes, they also collect higher fees for keeping a borrower in default. Another reason they need to take your home is to cover up the fraud contained in the loan itself - and/or - the fraud committed through the use of your loan in the securities market.

Despite the fact that under the proposed settlement with the FTC that EMC: "will stop the alleged 'illegal' practices and institute a data integrity program to ensure the accuracy and completeness of consumers’ loan information", EMC continues to breach the settlement agreement with the FTC, and I have heard EMC is going to be hauled back into court for ignoring the court's order.

I will try to call you in the evening after 9 P.M. CST.

If you are innocent - FIGHT BACK! Don't let them steal your home.
______________________________________

Attention Customer Service:

Subject: Your loan number
Your Name
Your Address
Your City, State, Zip Code

This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.

List a day time telephone number in case a customer service representative wishes to contact you.

I understand that under Section 6 of RESPA you are required to acknowledge my
request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

Your name

Denise, Thank you so much.

I am in the military. My sister recently called me. She lives in my home of record while I am stationed out of state. She was extremely dispondent after receiving a letter from EMC that they were in the immediate process of foreclosing on her home. I went online to look up contact information for EMC, and low and behold look at everything I found. I immediately filed a complaint with the FTC, with whom whose help halted the foreclosure on my sister's home of 20yrs. I had to cash in my retirement fund to help her pay off the little left balance on her property, but she is now searching to find legal advice on how to recover her losses. EMC never kept adequate records of her payments, and initiated a foreclosure without proper process. It is now May 2009. Many other homeowners in Northwest Missouri may have also been victims of the short-foreclosure process. The Missour State Attorney General has finally got on the ball and filed a lawsuit against another mortgage brokerage firm that attempted to file foreclosures on other properties. Anyway, Thanks for your support and help. It's a relief to know that professionals like yourself are helping out others who need and deserve legal advice.

Mark -Thanks much for your kind word but it is I that am thankful for the many sacrifices you and your family make for our country and our safety. I have enormous respect and gratitude for your courage and the selflessness offered by our military. When I hear things like this happen to you and other military families, it disturbs and disheartens me! I am so sorry to hear that your sister and you are left to deal with EMC's reckless handling of her mortgage. If you haven't found an attorney yet, go to http://www.naca.net and try to find one there experienced in dealing with these types of mortgage servicing complaints. If that doesn't work, email me and I will try to help guide, and refer you to an attorney well experienced in this area.

Thanks for taking the time to comment -and offer such kind words! I am happy to hear what you found here was of some help. Speaking out against corporate wrongs is the only way we can expose them. Shining a bright light on these types of abusive and illegal practices can hopefully, validate and empower others. Please keep me posted on you and your sister's progress and outcome. I am so very sorry to hear that you and your sister are forced to deal with this type of reckless corporate behavior. Make sure you get in touch with an experienced attorney who is well aware of mortgage servicing fraud and consumer protection rights.
Again, Thank you Mark for all you do! Stay safe -and in touch... Denise

In reading the comments above, it looks like I am now in a similar situation. I just got a call this morning from EMC stating that I was late on my payment. This did not make sense as I pay through speed pay electronically each month. They admitted that the payment was received on the 7th but that the bank had withdrawn or pulled back the funds on the 19th. While on the phone with EMC, I logged into my online banking system and there was no indication of a problem. No credit was issued back to my account. I then called the bank and they assured me that the transaction was completed on the 7th and that they did not withdraw funds or pull back the transaction. I then called EMC back and told them what the bank said. EMC again stated that the bank had indeed pulled the transaction back and they wanted me to have the bank find all of the electronic routing information and send it to them. This is getting ridicules. I have researched this topic on several websites and the story is the same. EMC loses payments whether on purpose or by poor practices and the person paying in good faith takes the hit. How can I stop this from getting further down the path of poor credit and repeated late fees?

We should have known something was not right from the beginning. How can your home-to-be have 2 separate appraisals within 48 hours and the 'value' of the house jumps $21,000.00 within that time? Yeah, we are a victim of predatory lending, from the word "Go". Looking back now (which obviously is way too late) I can see all the 'warning' signs about predatory lending, however, we, as consumers, were never given any information on predatory lending. We were just told by the mortgage broker "we can find a loan that will meet your needs". Unfortunately, these loans didn't meet our (consumers) needs, they met the needs of the executives on Wall Street and all of their 'posse'.

I have hundreds of documents concerning all the interaction I have had with EMC. Dates, times, names, ID#'s, what was said, etc. However, I am beginning to feel as though the information I have is somewhat useless. So I continue to search and blog anything and everything about EMC. I have submitted this blog to the White House at least 2 times a week in hopes of someone finally reading it and helping us victims somehow. I finally called the White House Consumer line and was told to fax the information to them and to mark URGENT on the top of the page. So I did.
I am only 1 of the very MANY people that EMC is destroying. Why won't the government step in and investigate this company???? Instead, the government bails them out. Surf the internet and research ALL the info and blog sites about EMC and you will see that they are doing illegal practices to the 'common person'. WE LOSE - THEY WIN.
I just found out that EMC is getting ready to file for a hearing (foreclosure). Yeah –Well, so much for 'The American Dream'.

POST THAT I SUBMITTED ON 1-18-09 at WWW.RIPOFFREPORT.COM:

The personal situations with EMC have finally urged me to retain a lawyer. We also have had problems with them since the start of our loan in December 2006. This latest incident, however, is the most severe from them. From the first bill they sent after closing, they Escrowed our NON Escrowed account. It was immediately taken care of after sending them proper documentation 3 DIFFERENT TIMES. We made regular on time payments for the next 15 months. February 2008, our loan was Escrowed AGAIN. After numerous calls for lengthy amounts of time (and calling back when mysteriously cut off), no one at EMC could 'figure' out why or how the account was Escrowed again. I continued to make the monthly payments believing that this Escrow situation would eventually be taken care of within their company as each and every rep that I spoke with 'promised' me that they would investigate it and get back with me. Well, they never did, so I continued to follow it through every week or so. When my husband lost his job without warning, the first company I called was EMC. I inquired if they could defer 2 or 3 month's payments. I was told that they no longer do that, but if we did credit counseling with HOPENOW, then they would go over our loan and 're-work' the payments and/or the interest to make it more feasible. So, we contacted HOPENOW, did the whole credit counseling call and they in turn sent the information to EMC. A couple of weeks later I received a call from EMC telling me, 'We're sorry, but we can't help you because your husband doesn't have any income.' My first words were, 'No S***!!!!' Another one of their tactics. In late December 2008, we were served with foreclosure papers. That was a total surprise. I finally spoke with EMC's Insurance Department (Springfield, OH) and FINALLY - the whole Escrow situation was figured out. I had to take a half day off of work and a 3+ hour phone call. IT TOOK EMC 9+ MONTHS TO FIGURE IT OUT!!!! The Escrow situation was caused by the Title Company that did our closing and EMC. EMC verified that they made the insurance payment the same day the work order was opened by a staff member. EMC made NO attempt to contact us in regards to verifying the information, nor did the insurance company. And yes, I was told (verifiable by a recorded conversation with the gentleman - he did give me permission to record) that this situation was in NO WAY OUR FAULT. EMC, of course, attempted to have us sign an 'agreement' for the arrears (for which I do not owe since our account is Non Escrowed), but this 'agreement' also stated that we have to pay more per month for quite a few months (due to all their fees and etc), then we have to pay a balloon amount of over $5,000.00 (unsure why or where this is from), THEN by signing the agreement, we waive all rights for future claims against them. And then, we may be able to have our loan re-worked with Loss/Mitt. We didn't sign the agreement as per our lawyer's advice and EMC sent our payment back to us. I have no idea where or how our previous payments have been applied. EMC has bombed our once 800+ credit score, caused our credit cards to be suspended, has caused financial, personal, and health hardship, and absolutely WILL NOT WORK WITH US. I have documentation of working with 3 individuals from the Executive office at EMC (including the vice president) beginning in mid 2007, but, gee whiz, those 3 ladies are no longer there. EMC will give ficticuous names and ID #'s and give you the run around. I have done EVERYTHING that they requested and spoken with every department and supervisor. However, when I complete what they ask, I am then told that they no longer can/will help us and we need to do something else. These people are rude and vicious and despite what they say, they really don't care if they have to take your home. I read everything and every post on EMC and their company and I sit and think, 'Been there, done that.' They have lied to me, posted my payments 'somewhere', charged me erroneous fees, placed an Escrow amount on our account that is NOT to be there, placed RUDE collections calls to us daily (10-15 a day), and caused us much hardship. I am a nervous wreck, shaking daily, crying, chest pains, and I think I am on the verge of an ulcer or nervous breakdown. Not to mention the tension that this has caused within our personal life. I have had SO MANY constant problems with EMC that I can not even begin to post. As I stated before, this is just the latest from EMC. I have had many many problems with them. I just hope something good happens before we are forced out of our home by a sheriff's deputy.

I also have a similiar situation, i have a mortgage with EMC,my interest is like 10% it's very high i had only paid interest in my house so my principal is almost the same, i am upside down about $200K, i can't find anyone who is willing to help me refinance nor modify my payments, i am currently making my payments but i am in a very tight budget, i been trying to get help from EMC and they are not returning my calls and completed ignoring me and when i called they said they mailed me a letter with explanations which i have never received, i can't afford a lawyer and i don't want to loose my house i just want my rate and payments to be modify to something more reasonable, somthing that my husband and i can afford at a decent interest and keep my home, i renovated and invested all my savings to make it look good and loosing it will be a disaster for me. Please help me or recommend a affortable lawyer, web page, help group, etc. my time is running out and i need some help ASAP. Thanks and God bless!!!

I too have had a go around with EMC ... I was making my payments with Auto Pay for a very long time without a hitch. Then I requested to change the account number to which funds were transfered from, it went down hill from there. My ex wife closed the account a month later and the change still hadn't gone through so I paid it online, no problem ... the next month same thing now they wouldn't let me pay over the phone or online, so I mailed them a check, they sent it and every check there after back refusing to accept them ... told me I had two bounced checks .. this is not true they screwed up and won't accept the blame... I have sent every payment in certified funds and certified mail since then and I finally get a letter it is all fixed ... BS I still can't make a payment online and they still haven't put in the correct account number. Hell they don't even have the right address on the property ... there collections department hounded me to death for months even though the payments are paid in full and on time. They treated me like some kind of derelick criminal piece of crap!

I don't know what can be done with them but I wish I could go elsewhere with this loan.

any suggestions?

Let Toothaker

I have been in default of my mortgage with EMC for 3 months now but before the default I already applied for loan modification. Since then I havent received any written letter or response from them on the status of my application. All I got was a DAILY call from their collection dept to pay my balance. I keep on refering to them my application. Another call I got was to put me on a 3-month payment plan before they could act on my application. I've telling them to send me these payment plan so I could study my options, the answer I got was they can't and I should know that!

Is this right? Can anybody give advise before my house will be foreclosed?

What City, state are you in?

Have you considered finding an attorney at http://www.naca.net ? Also have you filed a complaint with your state AG, your legislators and the FTC?

See this link on getting in touch with the FTC: http://www.givemebackmycredit.com/blog/2009/07/complaints-against-emc-mortgag.html

Keep us posted.

I own (paying on) a property in Tucson Arizona that I rent to tenants.

I'm afraid I need to either negotiate a lower APR on my Tucson house or, short sell or, just leave it. I can no longer afford the current payments.

What are the ramifications on the latter two and how would EMC deal with me talking to them about lowering my rates. (P.S. I also have a second on this property and owe more than it's worth (upside down)).

On September 15, 2009, my husband noticed that his credit card limit went from $24,000.00 down to $500. That is how we found out that EMC Mortgage Corp. reported us to the CREDIT REPORTING AGENCY. We immediately contacted EMC and found out that we were paying wrong amount on our monthly payment. For the month of July, August and September 2009 we paid about $9,591.24. The correct amount should have been $10,094.13 Therefore; the difference would be $502.89 (for 3 months). WE IMMEDIATELY PAID THIS AMOUNT, but it’s too late.

1)EMC Mortgage Corp. failed to notify us that we are under paying our monthly amount by $167.63. NO communications from EMC was received to let us know of this issue.
2)EMC Mortgage Corp. reported us to Credit Reporting Agency one month after we under pay our monthly statement by $167.63.
3)EMC Mortgage Corp. ruined our perfect credit.

We are trying to do the loan modification for the past year (started on October 2008). As of today (9/25/09):
1)NO decision has been made on our loan modification request.
2)EMC stopped sending us Billing Statements as of last year, BUT we are continuing to pay on time and full amount.
3)Our total real property value decreased by 54% (from the letter received on June 8, 2009, Assessor LA County), BUT EMC Never pay us back the overage on our account. Reason: we are in the modification …….BUT for how long …???

Additionally, we have an Escrow account that has around $2,500, TAX overage that also around $2,000 or more ---> with this entire extra that EMC has, how EMC could report us for such a small amount ($502) and failed to notify us so we would have a chance to immediately pay that amount. ??????? I am speechless. What can I do to make EMC clear my credit? Either accept or stop the modification and etc….

Should I be suspicious that EMC is not sending monthly statements the last few months? I have tried and TRIED to get them to modify my loan for at least 6 months since my job was eliminated in March 2009. They just turned me down for loan modification because I don't have a job...DUH!?!?!I am current but seriously struggling to pay the mortgage every month living off my 401K. I think they're hoping I forget a payment so that they start the foreclosure nightmare. HOW CAN EMC GET AWAY WITH THIS?
I don't know what to do...HELP...

Denise,

My situation is a little different than most here. I bought an investment property in 2005 with a neg am. I have another with this type of loan (with a different lender), but this one is catastrophically different. It really is a train wreck as I should have been more careful to see the ramifications on the Fully Amortized Interest Rate and the payment it presents throughout the initial 5 year term. Unlike the other one I have which has been in the low 3-4% range, this one with EMC is a fixed rate at 7.375%, which doesn't adjust to "index + margin in the first 5 years. That is a huge difference in payment and needless to say, principal addition. I have a tenant now, but I am short every month and cannot hold on anymore.

Am I the only one with this scenario? Have they been open to a mod's with others? Any other pertinent suggestions you can add?

Thank you!

When i bought my mobile home it cost 4500.00 dollars in the year 2002,I now owe E.M.C. 5400.00 dollars.I have been penalized fee over and over again. what can i do tro stop this? I sign up for a modification plan three times,08-09-and presently in 2010 E.M.C.always tell me they didn't receive all the forms.I,am divorce and my income has reduced please help William W Casteel

SCAM EMC, SCAM EMC, SCAM EMC!!!! 3 Month Extension’s Were in the same boat rowing in a circle created for US by EMC. 3 Month Extension’s are created to increase profits for EMC Bear Sterns now J.P. Morgan/Chase EMC!!! See this about J.P. Morgan/Chase silver and gold scam Incredible Fraud Uncovered at JPMorgan - Big Story! http://seminal.firedoglake.com/diary/40208 http://www.youtube.com/watch?v=yLxoeLqQMlw&feature=player_embedded http://seminal.firedoglake.com/diary/38173 The interview with Maguire is at http://kingworldnews.com/kingworldnews/Broadcast/Entries/2010/3/30_Andrew_Maguire_&_Adrian_Douglass_files/Andrew%20Maguire%203:30:2010.mp3 and http://www.huffingtonpost.com/2010/04/14/jpmorgan-earnings-1q-2010_n_536873.html Are we at fault for this???? Uninformed bowers NO. It’s the old storey (Who has the most Gold makes the rules) Borrows are being let down by the Government and now by the Obama Administration no question. I myself am experiencing 3 Month Extension’s woes also since 2006 with 27,000 in service charge no relief. The Banks again stalling loans for bigger profits. There heading for a class action suit all we need now is a whistle blower. The banks are not willing to do anything just let the clock run on people. There hiding behind the Obama Affordable Refinancing Plan. STALLING Makes the Charges continue. Most loans are at a higher rate refinancing/redoing the loan would bring the rate down ECT.

I too have an EMC (Extra Money through Corruption) mortgage. I thought that I knew the industry having a mortgage license and a degree in Finance and Accounting, but I am amazed at this company’s efforts to screw customers. They have no problems running through all the laws to get to our wallets
My home was paid on time for 4 years but when I lost my job in Charlotte and had to work elsewhere. I got them to agree to a modification that changed three times, of course after the three month “trial period” that turns into 5-6 months worth of payments. I like the fact that the “payments cannot be late by one day”. During this trying 2 years of indecision, I could not get a straight answer on anything. I even signed a 5 year term on a modification that was filed but never accepted. Once again, they will not honor anything.
My wife and I tried to get a final number on my modification after the 2 year period (LAST EFFORT) and 400+ pages of supportive documentation. During our 3 hours and 3 different departments, we got 3 different amounts varying by 1300 dollars in payment. We went from 200K in equity to trying to walk away. I was trying to work with them to make this work for both of us but they are not to be trusted. Also, they report you late and destroy your credit WHILE they do and accept your modification.
DO NOT TRUST THEM… DOCUMENT EVERYTHING AND USE A LAWYER. SEND IT CERTIFIED MAIL AS WELL.
P.S. I WANT TAKE THIS OPPORTUNITY TO THANK EVERYONE WHO VOTED FOR HOPE AND CHANGE BECAUSE I DO NOT SEE MUCH HOPE FOR THIS INDUSTRY OF BANKING/CREDIT COMPANIES/MORTGAGE OR, FOR THAT MANOR, TAXPAYERS.