Need Help w/Citi Mortgage -

[Fallonedward]

Citi Mortgage (who after we declared BK purchased from BoA) sent me a letter dated April 1, we did not receive it via postal service till April 14.

In the letter they state that we never paid for December 2010 mortgage payment, they also state that we are current going forward from that date. We paid our December 1st (due date) mortgage payment via check on Nov 28th. We declared BK on Nov. 4th and BoA froze our checking account (which we thought might happen from reading here and had a balance of $4.00 in the account) We called Citi Mortgage and told them that we would not be paying via automatic withdrawal for December due to this issue and would send a check. They told us to put the loan number on the checks memo area which we did, sent it in they cashed in. In January we resumed automatic withdrawal and everything was fine or so we thought.


We have the cancelled check that they cashed as prof positive that they received our December payment.

We have faxed over documentation for the last two weeks and they keep saying unless we pay December's payment plus all the late fees that they will start foreclosure.

Can anyone help, we paid the December mortgage and how can they do this...ugh

[Fallonedward]

Just got off the phone with Citi Mortgage once again, will be sending everything via registered mail vs faxing (as I had been doing). They still state that since I paid with check (even thou the check was cashed by them prior to the due date) vs the funds coming out of our automatic withdrawal makes us in default.

I'm just blown away that I paid my mortgage with a check, Cit Mortgage cashed said check, applied it to our mortgage yet they say we are in default?

Can any of the experts please help, thank you

[daylate]

Geez, it is always something, isn't it. I would call them and start asking to speak to the next person up the line until I got someone who could help fix this. If you have an attorney that might be a good way to go also. Good luck.

[Pandora]

Fallen

Go higher up and talk to someone else other than a CSR. Since you have the check and all pertinent info pertaining to payment - tell them you want a full audit on your account; that will freeze everything. Type up a letter (or email...but ltr is better), send it certified sig. required to the highest people you can - with a print out of your entire account - and note every payment made, method paid, date paid and for what month. Tell them they have XX amount of days to respond as to where this payment went, or you will be getting your attorney involved. We went through something similar with our mortgage lender (PNC) and it was a nightmare, finally got it straight but it took almost 4 months to get it corrected and numerous letters & emails to the highest people possible.

Also, ask them for their rules/regs on automatic payments being stopped - unless it states specifically that if you stop an auto payment and pay via other means that XXXX will occur..they're full of it. As long as you make a payment...it doesnt matter the method generally (unless your interest rate is linked to auto pay). They cashed your check, you wrote account number on it..you also wrote month it was for. Its up to them to prove otherwise, which will be hard to do since you have a copy of the check and they dont.

[Fallonedward]

Pandora, thank you so much. I kept thinking life would get easy after we filed and got our discharge but its been one thing after another...

How would I get the name of the highest management people to send this certified letter to?

Fallen

Go higher up and talk to someone else other than a CSR. Since you have the check and all pertinent info pertaining to payment - tell them you want a full audit on your account; that will freeze everything. Type up a letter (or email...but ltr is better), send it certified sig. required to the highest people you can - with a print out of your entire account - and note every payment made, method paid, date paid and for what month. Tell them they have XX amount of days to respond as to where this payment went, or you will be getting your attorney involved. We went through something similar with our mortgage lender (PNC) and it was a nightmare, finally got it straight but it took almost 4 months to get it corrected and numerous letters & emails to the highest people possible.

Also, ask them for their rules/regs on automatic payments being stopped - unless it states specifically that if you stop an auto payment and pay via other means that XXXX will occur..they're full of it. As long as you make a payment...it doesnt matter the method generally (unless your interest rate is linked to auto pay). They cashed your check, you wrote account number on it..you also wrote month it was for. Its up to them to prove otherwise, which will be hard to do since you have a copy of the check and they dont.

[Pandora]

Fallen

The way I got all of my higher up names was 2 part really... some I got online (jig saw is a great place) and others..well lets just say I got some very friendly but disgruntled CSR's in Loss Mit when doing our mod that had no problem giving up the ghost Forgot... I also googled the HAMP program / bailout receivers as their documents are all online with the highest sigs/names/job title possible.

Who is it you're working with / lender / dept? I may be able to help you find names. PM me where you're located (city/state) as that helps in getting the right people / district / division heads.

[Pandora]

from Jigsaw... they provide names - also every XO Office has reps that field complaints. You're looking for the XO Complaints (title would be something like Executive Complaints):

http://www.jigsaw.com/id182722/citimortgage_inc_company.xhtml

You have to sign up but you can get names for free when you do.

[Charlie777]

I had a problem with Citi (bank, not mortgage), wrote the CEO, who is Vikrat Pandit. I sent the letter CMRRR to the banks's HQ at 399 Park Avenue in New York City (10022), received a prompt call from an executive resolutions person.

[Fallonedward]

Pandora and Charlie, thank you both for some great help. My fridge died yesterday so I spent the day locating a cheap used fridge...ugh

[Fallonedward]

UPDATE: We finally had to get our family attorney involved. Citi has finally realized the error of their ways and acknowledged that our check that they cashed was in fact paid prior to the due date. Out attorney got them to remove all late fees, stop the foreclosure process and pay us a bit of money for their gross negligence.

[Pandora]

Awesome Fallen! Now maybe Citi will realize that they cannot BS their way out of their errors w/out people pushing back -and hard.

[Fallonedward]

CitiMortgage is simply unbelieveable...after out attorney took them to court and we thought everthing was settled they sent us a letter yesterday saying they are starting the foreclosure process since we did not pay them our December 2010 mortgage payment. We made this payment via check on Nov 28th and have the cancelled chekc to prove it...so I guess we take them back to court once again and they get to pay my lawyer fees once again and hopefully a bit will be left over to pay me as well...

This company is so insane

[IamOld]

They're idiot a-holes.

Get your atty on the job IMMEDIATELY - and PLEASE LISTEN TO THE ORIGINAL POSTER - (SORRY ABOUT THE ALL CAPS BUT I AM...SHOUTING :-) WRITE CERT RETURN RECEIPT TO CEO VIKRAM PANDIT IN NYC - YOU WILL!!!! GET A RESPONSE. PUT ALL PERTINENT "STUFF" INTO LETTER AND SAY NOT ONLY WILL YUO BE TAKING THEM TO COURT AGAIN BUT WILL GET THE MEDIA INVOLVED ASAP.

THEN!!!!! CC THE LETTER AND ACTUALLY SEND IT TO ELIZABETH WARREN - CONSUMER PROTECTION BUREAU - DO THIS NOW - OBAMA JUST CAVED AND WON'T NOMINATE HER AS ITS PERMANENT HEAD. PLEASE PLEASE DO ALL OF THIS.

CitiMortgage is simply unbelieveable...after out attorney took them to court and we thought everthing was settled they sent us a letter yesterday saying they are starting the foreclosure process since we did not pay them our December 2010 mortgage payment. We made this payment via check on Nov 28th and have the cancelled chekc to prove it...so I guess we take them back to court once again and they get to pay my lawyer fees once again and hopefully a bit will be left over to pay me as well...

This company is so insane

[Pandora]

Fallen

Looks like its time to do a QWR in addition to everything else. You have all the proof as to when each month was paid... time to get them to spend some $ on their end and QWR's do just that; from inception of loan to current date, all monies received / payouts from escrow / etc will have to be accounted for on their end. They cannot tell you "no" if you demand a QWR.

[Fallonedward]

Can you tell me what QWR stands for? thanks

Fallen

Looks like its time to do a QWR in addition to everything else. You have all the proof as to when each month was paid... time to get them to spend some $ on their end and QWR's do just that; from inception of loan to current date, all monies received / payouts from escrow / etc will have to be accounted for on their end. They cannot tell you "no" if you demand a QWR.