Complaints against EMC mortgage servicing continue to pile up...

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Rarely a day goes by that I don't hear from at least one homeowner whose frightened of losing their home due to ongoing predatory mortgage servicing accounting practices that include allegations of  flawed accounting practices, fraud, wrongful foreclosures, fabricated documents and in some cases, destruction of property caused by aggressive and illegal attempts to gain access to their home.

Many complaints continue to be directed at EMC -the same mortgage servicing company that two years ago paid $28 million to settle Federal Trade Commission charges that they engaged in unlawful practices in servicing consumers' home mortgage loans. Today, EMC continues to have a growing number of complaints lodged against them by frustrated and angry homeowners who feel they have nobody on their side -except those of us who help them share their stories. Here is one more...

My EMC mortgage servicing nightmare
By: Sherry Vogan, PA

I want to share my story about EMC Mortgage Company. My husband Dan had been approved for a home loan through Encore Credit in June of 2008 within days Encore flipped the mortgage over to "EMC" or "Chase" or "Bank of America" we are not really sure and really neither are they?

 In October of 2008 I had gotten laid off from my job of 12 years and we got 1 1/2 months behind on bills until the unemployment checks started rolling in. So when I knew we were getting back on track I called EMC and stated that we would send in $600.00 a month until we were caught up w/ the payments the "rep" at EMC said that was fine and she would also submit us for a "modification" this word was new at this time I said ok. Now I am not on the loan w/ EMC but she had no problem speaking to me. So we paid the promised amount and over the period of time until June of 2009 I had repeatedly called EMC to see where we were at w/ the "mod loan" I never got the same rep again.

The customer service reps at EMC are rude and mean-spirited!! One woman who could barely understand her English told me that I needed to put a for sale sign in my yard and it's people like us that buy homes and then can not afford them! I was like "What the hell are talking about"? We, if anything are not behind we should be ahead, so w/ this I called Quicken Loans to see about applying for another mortgage through someone else and the rep there which was very nice ran my husbands credit and stated that he was 6 months behind!!

I said oh no we are not!!

I called EMC back and asked for a supervisor which stated that indeed that is what it shows because "EMC setup an escrow account in September 2008 for taxes that were not delinquent and for house insurance for which we already had through Nationwide and EMC knows this! So all the money we sent to EMC for our house payments they put towards this escrow account that we had NO KNOWLEDGE OF!
Now this is September 2010 and I am still dealing with this matter and it is still unresolved. I have asked for help from the Pa Attorney Generals Office, the Pa Banking Commission a Senator and a Congressmen from the state of Pa and currently seeking a lawyer.

It appears clear that these people want our home.

We started out with a payment that Dan signed for in the amount of 459.00 and now some how rose to  $823.00. BEWARE this is what they do, we made the $600.00 payments for this "mod" then they say they lost our paperwork or put it in the wrong computer system then they said we filled out the wrong paperwork.  I told them: YOU SENT US the paperwork how is it our problem that it's wrong? I have done this 6 times over the course of 2 years and was even put in touch with a Executive in the Corp. Office Saud Bejtovic 214-626-3521 that assured me that he was there to help, he just failed to mention help he meant EMC.

All along when the State officials were there along side me, he was great. But one by one when they dropped away, thinking that finally we were going to be OK, EMC got ugly again. Mr. Bejtovic said I needed to send in my income and tax returns to him as well.  I said I am not part of the loan then or now he stated that it does not matter I live in the home, I said what if move out "well then EMC will need to have my forwarding address to where I will be living and THEY will check on this. I can't help but believe this company just wants our home! Your home! EMC, Chase, Bank of America whoever they are going by this week needs to be stopped before we are all living in cardboard boxes in the streets.

President Obama and the powers that be: PLEASE to take a long hard look at what EMC and these other mortgage servicing companies are doing because if you people think everything is fine, it is not!

Working people, voting people and the people of the United States of America are LOSING THEIR HOMES AND YOU, AND ONLY YOU, CAN STOP THEM!!!

Please get in touch with me.  I will return your call what ever it takes. I will leave no stone unturned ---I am fighting to save our home and yours. This is my mission.

Sherry Vogan

The mortgage servicing industry has little to no oversight or regulation. And there are no shortage of complaints against mortgage servicing companies and their abusive or often illegal practices.

Here are a few additional links:

An array of mortgage servicing issues

A few additional blogs of interest on EMC include;

My mortgage servicing company is stealing my money and my home...

EMC Mortgage Servicing Madness

Complaints against EMC and Have you been harmed by EMC?

A MUST read for ANYONE facing foreclosure or dealing with a Mortgage Servicer

Judge delays foreclosure; citing inappropriate paperwork

The latest update: Chase/WaMu case dismissed; FL Judge finds fraud

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Hang in there Sherry! I'm right there with you, fighting the same battles! I've been sending in paperwork every month since July 2009. I just sent a dispute letter to the attorney representing EMC Mortgage this morning trying to stall the foreclosure process. I'm ready to fight it out until the end. I could care less if I have to move, but I am going to fight this, just to prove a point. I will make sure that everyone here in my hometown knows what is going on in this industry, also. I have a dear friend that just retired from the local paper here, and I'm sure he can pull some strings to have a big article written up about it in the paper. The best of luck to you! Hang in there!

Hi Sherry, I have EMC as well and sounds like the same dirty tricks they are playing on us.. I am in the Harrisburg area and looking for a lawyer to take our case against these idiots.
please feel free to contact me via email

Good luck
Cindy Price

We have had the identical problem with EMC/Chase Bank since late 2009. They offered to lower our payments, we did not ask them. Since then it has been a total nightmare of misinformation, being told to make a "trial payment" for three months, that was never changed! Every month we called in the payment and asked what was happening, only to be told that we did qualify and that the paperwork took some time to get in place. They then started reporting our payments as 120 and then 180 days late. Reporting that we were anywhere from $9000 to $19,000 behind in payments, even though we had proof from our bank of the payments being made to EMC. We have sent a lengthy report to Senator Boxer's office in order to have the senator find someone to look into this. The biggest problem we see is that many hundreds (maybe even more) are being dealt with by EMC in this way, yet nothing seems to be going on to resolve the problem.

EMC has destroyed our credit, our credability and has rendered us in a financial mess. Our problems begain in 2007 when we tried to re-finance our home. Our mortgage broker ran our credit and EMC was erroneously reporting us late 3 times. We had NEVER missed a payment. We wrote to EMC and requested that they repair our credit. It took nearly 6 months for EMC to notify the credit bureaus of their error. In the meantime, the housing market tanked and we lost all of the equity we had on our home. We were forced into a mortgage with an 8.75% interest rate.

The saga continues! While EMC did remove the derogs in 2007, they added them back on in 2008 and 2009. At one point, we had FIVE late payments on our bureaus........AND WE WERE NEVER LATE!

EMC refuses to modify our loan indicating that we make too much money and can afford 8.75% interest! We are paying $4,500 on a home whose value is barely $300,000!

We consulted with an attorney and have filed a lawsuit against EMC on June 25th. It is no longer in our hands. We hope that the courts will find justice for us and for EVERYONE who has been victimized by EMC!

EMC Mortgage Victims!!!! Relief is here for all EMC Mortgage Victims. On 9/16/2010 a (Class Action) Law Suite was filed with the Superior Court of California by Jean C. Wilcox. Jean and her team of lawyears has filed a (Class Action) Law Suite against EMC Mortgage. Jeans issues a at most simular in nature. I say Please join us in our fight against EMC and their dishonest predatory mortgage practices. This is the same situation that brought action against EMC Mortgage in EMC’s $28 Million to Settlement with FTC’s Charges regarding Service Charges. Ref.

Well we have been going through the same thing they have even sent us paper work say are mod went through and we have made the first 2payments then what I get forclosure papers we call the emc they say it is at the under writer then how do I have the paper work so I call there attorney and they say it is on hold the next day I am in the paper wth so I called emc I told them they will not get another penny from me! I have seen 2 diff attorneys they don't no what to do cuz by all the paper work we are not behind so I do no once they take my house I can file bancrupt we I don't no what to do I am very upset I have even considered going to tx and meeting these yahoos in person I really think theyhave no clue! At one time I did talk to a ladie there that told me she could see everthing they were doing I think she got fired cuz when I called back they said she never worked. There!!! Well so much for my short note man I could go onand on

I am dealing with the same issue. I really hope everything is working out for you and your family. Was the Senator able to help you out?

I have a HELOC through chase that was being modified and sent paperwork in almost monthly. Then one day I called to make a payment and was told they will take a payment but that they decided to close the account and would be asking for payment in full. They never told me that the modification was denied or why it was closed. I offered to catch up on the payments and resume the regular payments and they refuse.

I believe their goal is not to get the money but to get the property.

Everyone who has or wants to file suit against EMC Mortgage, please contact our office. I am a paralegal with the lawfirm Sarkisian and Fleming in Portage Indiana. We are interested and planning on filing suit very soon in Federal Court. We are interested in people such as you who would like to be a part of a class action suit against EMC such as the one that was recently filed by a firm in California.

I am personally involved here and frustated as all of you. I have tried to resolve this with EMC myself for the last two years and have had no success.

My husband and I even went so far as to reach out to a mortgage specialist at Chase in August 2010. She indicated that we needed to obtain an attorney and that EMC was clearly in violation of the modification process under the Obama plan.

We are in need of people such as you who are in need of legal representation. Please feel free to contact us: info @

I'm going though the samething with EMC mortgage and been applying for a loan mod for 2years to only have to send in the same paperwork over and over with no response. Joining a class action against them today and going to the better business. Baltimore Maryland.

I had a 1st/2nd Mortgage 80/20 % in Illinois with EMC and I am experiencing LCS Financial collection agency post foreclosure pursing the 2nd mortgage. I was told by EMC/Bear Stearns/JPMorgan Chase not "worry about it it" Whatever that means. However, EMC held both mortgages and closed on only one of them, did not seek an deficiency judgment and received 80% of the bank stated 2006 (275K value). EMC did not respond to my request for a deed in lieu foreclosure after requiring financial hardship papers, no did they respond to a submitted short sale offer some 60 days prior to the foreclosure. EMC accepted a bid from Tarp Bank (US Bank)for 220K. EMC would not negotiate a modification the year prior, nor would EMC accept 80% on the first loan and apply the reminder to the second loan. Which would have left plenty for the second loan(the purchase money only loan).

The main issue that appears to be common with these banks is irrational contract mitigation mindset. I find it hard to comprehend a bailout for banks that empowers them to continue to pursue collection on homeowners that bail them out. The other issue is ethical but no one is interested in ethics in litigating reasonable sales and acceptable losses. Most of us lost equity and lost the home and in many cases still have debt. I wonder if there are any federal class action suits outside the last FTC that can address the issue being avoided by legislation. Market valuation seems to be only mentioned in favor of the banks not in favor of the contracts on the homes and the homeowners. The second issue is the mitigation process in which these banks have chosen to negotiated especially in the obvious market condition. The last part of this I would like to address is the spirit of law and the spirit of the contracts which these banks which have forgotten. None of us have enter an agreement with absolutely no reciprocity or risk nor have anyone gotten rich from defaulting but banks. The entire banking concept is at best irrational. Banks are selling the old homes to other people for half the amount instead of working with those who can afford half the amount. It is insane.

We need legislation with new language to address all short sale deficiency nationwide.

amen! amen! amen!

I'm another victim of EMC.

How is it that they are not shut down by now????

Where the HELL is the regulation??????????????

Just wanted to say my two cents worth. They are fauds and crooks and every other word.!! We were totally screwed and after having to short sale because of THEIR mistakes - I am still dealing with them because they will not remove from my credit history. On my credit shows they I still owe the full amount! With the way things are going with this why isn't anyone stepping up and helping FOR REAL HELP!

I pray that help comes soon. Same story as everyone here. Took our money and strung us along for 2 years and in the end we had to file bankruptcy. Up until this point in my life we had great credit. Now we are just sitting here waiting for their next move. We had moved from Washington state and naive to what things cost here. Bought a house for $772,000.00 now it sells for $362,000.00. We asked EMC to modify our loan because we couldn't afford to keep paying $3800.00 amonth and then it went to $4962.00 amonth. My husband had a pay cut and no bonus. They really are heartless and mean spirited. This guy even screamed at me telling me I'm irresponsible!! Can you believe it. EMC has screwed up our lives so bad. I pray that all this disception is exposed and they are held accountable for ruining good american families.

My loan has been paid off for 2 years it is still on our credit report that we are 6 months behind even though I have disputed this with the credit reporting agencies and with emc/chase. We were behind, signed on for a modified loan when my husband was deployed, lost my job because of credit rating, husband wrote up and threatened with his job, had thousands of dollars added to our loan for administrative fees and legal consultation fees. We can not get a loan anywhere for anything because they show that we are 6 months behind in payment and have been according to what they reported to credit bureaus for several years. We were charged thousands of dollars for so called drive by appraisals on our property. I thought this would all be straightened out after we paid it off... over a year early, but still fighting to get it corrected.

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