Mortgage Company Trying to Foreclose/We Have NOT Missed A Payment!!! NEED HELP ASAP!!!

Good Evening,

I need some honest advice and insight into how these big mortgage companies figure out forbearance agreements.  We were put into one by National City Mortgage in November of 2008 as a result of missing 3 months of homeowners insurance in 2007.  We have struggled to pay the payment of $1270.00 per month as my husband was laid of from Chrysler Corporation due to the economy and the companies bankruptcy.  We have paid every payment that the Forbearance Agreement called for and even more.  We have made double payments during some months that put us ahead of schedule.  The Forbearance Agreement called for us to pay a TOTAL of $10,782.56 through April 2010.  As of November 2009, we have already paid $15617.96. 

On October 2, 2009 we received a letter from National City Mortgage stating that they were reactivating the active foreclosure status on our loan.  We were dumbfounded as we knew we had not missed a payment.  We called Nat. City Mort. to find out why they were doing this to us and after being on hold for almost 25 minutes and being transferred to 5 different people; NO ONE could give us a definitive answer as to why they had done this!!!  Then the Loss Mitigation Rep. that handles our loan informs us that we were late supposedly by ONE DAY in July and that is why she sent the loan back to active status! 

My husband spoke with her at that time in July and she made NO mention that she was going to do this, as a matter of fact she offered to change our payment due date to the end of the month to make it easier for us to pay when he was laid off from work.  WHen we confronted this Rep. about this she DENIED ever having offered to do this as well as pretty much the whole conversation!

Now, we were only 4 months away from being out of the forbearance, (Although, we have paid MORE than the Forbearance Agreement called for, so I don't know, we may have already satisfied that agreement??) in April  2010.  Now, they are proposing a NEW agreement that is an additional $20000.00 on top of what we have already paid!!!  None of the figures match up and all because we were supposedly ONE DAY LATE, which we were NOT!!!  Are they trying to rip us off?  What is the the little mortgage trick that they are pulling on us?  How can we fight back?  What can we do?  We need help desperately!!

I suggest that you call and insist on speaking with a supervisor.  You need to speak with someone other than the person that you have been working with.

You may need to contact an attorney to negotiate for you. 

Also, check with housing counseling agencies in your area to see if they can help http://portal.hud.gov/portal/page/portal/HUD/i_want_to/talk_to_a_housing_counselor

Once you have this straightened out with a supervisor, make only the payment required, and take the excess you have been paying and save it, in case their comes a time you might be late (even 1 day)