[micsay]

OK, I live in California, lets start by saying we were with option one mortgage, as of July 1 they sold to American home mortgage. We refinance our mortgage in November of 2007, we had 3 months with no payments, we were to start our payments in February of 2008. In February of 2008, I made a payment of 2178.00, and also my husband made a payment of 2100.00 not knowing that I made a payment before I went out of town.all of our loan docs, say that our payment will be 2093.80 every month for the first 12 months, going up to 2193.80 the next 12 months and so on. So we get a call that said we paid twice in February, so that we didn't have to make a payment in March. So in April my daughter gets very ill and we have to buy a breathing machine for her, so I called and told the mortgage company that the payment would be late due to this, so on April 24,2008 I made a payment to them for 2100.00. Then on June 1, 2008 I made a payment for 2100.00 to cover our June payment. Still no calls or letters to say there was a problem. On July 8 I sent a payment of 2100.00 to them, on July 10, 2008 I get a letter from western union quick cash that our payment had been return. On July 10, 2008 we get a letter from our mortgage company about a notice of default, when I called them they said that we hadn't made a payment since February and that if we don't pay them 11000.00 that they are going to foreclosure on us. I spoke to a supervisor and they said that they show that I made my payment but that my payment was 2340.80 and that I wasn't making the right amount and that our money went into a special account until we made another payment that they could take the money out of, or until we made a payment of the right amount. I asked them where they came up with 11,000.00 they told me it was for the missing payments and for attorney fees, but I haven't miss a payment up to July. I processed to ask for a written break down on our account of all active. They still have not sent that to me, and now when I call they tell me that they will not talk to me until I agree to pay 11000.00. Is this against the law can they do this. They are saying that they will foreclose on our house if we don't agree to pay this amount.

[Chuck G]

You may want to contact the Banking Department in California, or the State Attorney General's office to find out what the laws are. Each state has its own set of laws. These phone calls would be a good first step for you.

[LisaB4657]

Go to this website: Housing Counselor by County - Consumer Home Mortgage Information Web Site! and click on your county. Then contact their office and tell them what's going on.

[froggy7]

Actually, if your facts are as presented, you are indeed behind in your mortgage. You paid April's rent at the end of April, and June's at the beginning of June. But nowhere did I see mention of May's rent. So, technically the early June payment was late for May, and April's was late.

[Fr_Chuck]

You should have cancelled checks for all payments, merely make copies and send to them showing the payments made and received??

Also western union?? Please don't tell me you are sending them payments this way, they did not set that up did they? You were not contacted somehow and told to send paymennts like that?

But you should have even there proof you sent the money

[micsay]

Thank you all for answering so fast, to clear something's up, yes I did pay may's on the 6th the payment was for 2100.00, I just missed it when I was telling what had happen it was a over sight on my part, sorry. Now to answer about the western union quick cash, yes the only payment options, that option one had was check, cash, money order, and instead of online payments they had western union quick cash. I do have very receipt that was made to them, also I have went to western union office and I have gotten a copy of the pick up receipt that shows who picked it up and the signature of the person. What they are saying is that I was making a payment for 2100.00 (2093.80 was what was on the loan docs as what our payment was) and that we where short that our payment is 2340.80, but nowhere on our loan docs does it say 2340.80.