Ohio Attorney General vs AHMSI American Home Mortgage Servicing Inc

Random Repost Blast from the Past. Going to start off each day with a random repost from the archives…

Ohio Attorney General Richard Cordray today filed a lawsuit against American Home Mortgage Servicing Inc. (AHMSI), a Texas-based company servicing more than 12,000 subprime and prime mortgage loans in Ohio. The lawsuit alleges numerous violations of the Ohio Consumer Sales Practices Act including but not limited to: incompetent and inadequate customer service, failure to respond to requests for assistance, failure to offer timely or affordable loss mitigation options to borrowers and unfair and deceptive loan modification terms.

“For far too long there has been little to no accountability for those who take advantage of the dire circumstances of home foreclosure,” said Cordray. “The acts of some mortgage servicers have gone beyond the point of being negligent—they have become predatory financial practices and in Ohio, they won’t be tolerated.”

According to the lawsuit, AHMSI required loan modification agreements that forced consumers to pay excessive fees and waive their rights in order to get help. The suit also alleges that the terms of loan modifications were unconscionably one-sided in favor of AHMSI.

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Ohio Attorney General vs AHMSI American Home Mortgage Servicing Inc
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16 Responses to “Ohio Attorney General vs AHMSI American Home Mortgage Servicing Inc”
  1. Yes, we refianced our home with ameriquest then ahmsi took over after a year or so our payment went up and then I found out it was a adjustable rate, there is no insurance on the home in case I or my wife pass away. I was told that it was just like my other mortgage with wellsfargo but it was not. If I wanted the insurance I would have to pay more money. Then we had some major issues that made it hard to make the house payment, we talked to them to see if we could make part payment or interest payments will they would not work with us. Later on we tried loan mod. well as everybody knows they drag their feet over a year then the said to keep calling back and they said everything was ok still in the hands of officer then one day called and they said they needed more docs. and I said why and they said the others were out dated and I said no nothing has changed. During this time a guy would show up once a month and tell us to call them.
    Well the fact is they are crooks and we had to file for chapter 13 because they forclosed on our house.

    I think every American that was forced into filing bankruptcy should have their house free and clear from any mortgage loan. Since we filed I just sent them a e-mail to find out how much Mortgage interest I can use they will say I don`t have any.

    good luck to all of us, God will take care of those who have done us wrong.

    • Ceclia says:

      We have major problems with ahmsi here in Hawaii also. My mortgage was tranfered to ahmsi and my monthly payments have escalated – now threathen with foreclosure. Did yu try and file for an Independent forclosure review yet? you can find that online. Good Luck

  2. james kapsis says:

    Just filed a class action suit against AHMSI for all of us
    Eastern District Court
    4936-cv-2011

    • LUTHER MARLOW says:

      I HAVE BEEN FIGHTING AHMS FOR OVER TWO YRS .I AM A DISABLED 47 YR OLD MAN.MY PAYEE ASKED FOR A LOAN MOD FOR ME .LOAN WENT DOWN .THEN THREE MONTHS LATTER IT WENT UP BY $550.THEY FORGOT MY ESCROW .AND THEY ADDED IT WHEN THEY FOUND IT OUT.COULDN,T PAY NEW LOAN AMOUNT.THIS COMPANY IS OUT OF CONTROL AND NEEDS TO BE STOPED.I.A DISABLED MAN WHO ONLY WANTED TO LOWER MY MORTGAGE .WAS NOT BEHIND .NOW I AM GOING TO BE HOMELESS OVER THIS.FOR WHAT.I HAVE NO SAY OVER MY MONEY OR WHO GET,S MY MONEY.AND NOW IT LOOKS AS IF AHMS IS GOING TO GET MY HOME .NO WAY THIS IS THE COUNTRY THAT I WENT TO THE ARMY FOR.THATS WRIGHT I.AM A VET.A VET IN THIS DAY AND AGE HAS NO HOPE OF A GOOD LIFE .

    • dewayne says:

      That is a good thing to do how can I get onboard. AHMS filed a lawsuit about signing paperwork fruadently. Our paper work for us and if they get that money they ethier give it to us are our homes that was effected tehy can’t have it both ways my modification officer quit aftr submitting all the paper work 10 months later said I need to do the paper work again and I qualify for modification. The Money or My house. one of the two.

    • Jimmy James Jr says:

      How do I get information on this law suit, I have been scammed by AHMSI
      jIMMY jAMES

  3. George A. Hart says:

    Welcome to the crowd Iv’e been dealing with these yahoos from AHMSI for three years and haven’t gotten anywhere with them I first started with help from harcatus housing and weatherazation and have also gotten a lawyer. But the only problem left is that the state Of OHIO doesn’t care about the little guy getting anything done against the big business. They make a show about this lawasuit but won’t supply any answeres to questions that all of my people that I have ben working with or myself ask for. So what good does it do us the state doesn’t help to get this worked out they just make it look like they are. I guess they get to much election campain money from the morgatege industry to really sue them and get on their bad side and lose all that money for teir elections.

  4. Chris Smith says:

    I can’t believe AHMSI is doing this fraudulent activity with so many of its customers. This same thing is happening to me – I am called constantly asking for an extra payment. All my bank records have been sent to them, repeated calls to them asking for clarification of their need for this extra payment – no-one in India!! has any answers. I was told to call back 2/16/11 for their final decision on my case, now today I’m told to call back 2/18 after they have just called me again asking for the additional payment.

    I am contacting their Legal Dept. today, my state’s Attorney General’s office, and our attorney. I hope everyone else does the same, to get this despicable company off our backs.

  5. Christine Casares says:

    I am another victim of AHMSI that has been trying to get a modification Since August of 2010 when AHMSi claimed that I owed 3 years of taxes and they went ahead and paid them without notifying me and raised my payment to be TRIPLE what it was supposed to be.. There was NO WARNING.. When I questioned them about this, they stated that they had to go thru ‘research’ to see why they had no record of my taxes being paid.. THey never did find an answer for me to this day. They have been repeatedly asking me for the same information that I continue to fax and follow up on that they indeed recieved it all. I was told on January 30th, 2011 that they had recieved all documents necessary and they would be contacting me with an answer.. Well.. today… January 10,2011 I recieved a letter stating that I am denied modification HAMP because I failed to give them all dociments that they have recieved at least 3 of each since August of 2010.. The phone system is down there today, so I cannot talk to anyone either.. I ha e been trying to make mortgage payments at least the “normal” one, and they are refusing to accept anything but the triple amount, so I am now in jeopardy of foreclosure when I in good faith tried to solve this matter back in August of 2010. Who is helping those of us in Pennsylvania??? I NEED HELP WITH THIS! They are CROOKS!!!

    • Christine Casares says:

      Im so mad I cannot type… correction: It was December 30, 2010 that I was promised that I had sent all documents and that was 12 days ago.. Now I have a letter telling me that I am not eligible that they do not have all documents and that is the reason I was denied….. HOW CAN I JOIN THIS LAWSUIT???

      • Watseka Strawser says:

        I have been fighting with them for a year. In twelve hours I have a court date with their lawyers. I assume they mean to take the house since I am not eligible (again) for home modification. I just found out 2 weeks ago there is a program for keeping your inhereited land and one for repayment. I am going to try for these anyway. 35 pages of sent faxes for loan mod didnt work. I hope this will.

      • Jennifer says:

        I am sick and tired of AHMSI … my biggest regret is throwing away all the pages of notes I had from contacting them time and time again. No question I got taken. Long story, but basically I am in the same boat as most of the people who received a loan from them. In short, I contacted them several times to try to negotiate / re-negotiate a modification for my loan that was a 5/1 ARM (now at 7%). There are several things I don’t understand; if my loan is a variable rate why does it not fluctuate with prime? When I have called why am I always told they have no department I can speak with regarding a modification on my loan? Why am I always speaking to someone who doesn’t speak or understand English?

        They send me a “bill” last year that said I was over $500.00 behind in escrow and that if I didn’t pay it my monthly payments would go up 100/mo. When I calculated the escrow and payments, I was not behind or short. When I called I was told by someone in India that I owed it and that was that. After my house payments went up I broke down and paid the money. I never saw anywhere it was applied.

        On another occasion I called and asked for information on the “making home affordable” program. Again, I spoke with a person in India. They told me they knew nothing of the program and they had no programs; forbearance, etc.

        I’ve become so frustrated with them, I simply quit paying my mortgage as it has gone up from my original payment of around $1500.00 to over $1600.00. I lost my full-time job in 2008 and have still managed to pay them up until this past Feb by taking cash advances out on my credit cards.

        Side Note *** When I purchased my home I paid $185,000.00. The house across the street from mine (which is over 200sf larger) is the exact same house with an addition. Last year it sold for $140,000.00. It went into foreclosure and was sold by the bank. (There had been an offer on it with a Realtor for $160,000.00 that the bank rejected as a short sale before the sheriff sale).

        So, I am not paying them. I can’t get any help from AHMSI, and I don’t understand how they are getting away with their obvious bad practices: $500.00 additional escrow missing money, adjustable rate that does not adjust accordingly …

        Yesterday I received a notice from a law office representing AM. Home that said I was in default and if I didn’t pay the 2 months back pay plus next months with all penalties they would call the loan due in full. … um …. ok!

        Where is the lawsuit and how does one get involved?

    • Marv L of WI says:

      Christine, having the exact situation with ASHMI. back in May 2010 recieved a statement about tax & insurance esrcow (loan was PI) and said I owed them $6000.00
      every time I talked with a rep from India that amount varied from $6000.00 to $25000.00
      sent in HAMP forms with an additional fax two days later with “missing documents”
      1-18-2011 I recieved statement saying “missing documents” that was dated 1-10-2011 also recieved
      1-18-2011 a denial of loan modifications due to “missing documents” and it was not in the investers best interest or profit margin to do a modification. The second letter was dated 1-12-2011
      I recieved the missing doc & denial on the same day.
      I bet any money AHMSI is collecting HAMP money & telling the government people are defaulting on the loans after modifications

  6. Melissa Libal says:

    How can I join the lawsuit? AHMSI has ruined our life. They are scam artists. We are curently trying to get a modification with them with no luck yet. Our home has been in and out of foreclosure because of things they do without permission or knowledge. They sold our second morgage with them and we were never notified. I could go on and on. Please help. What can I do?

  7. Lynda Abbott says:

    Even after several states have gone after this company they continue with their illegal practices. Two months after buying our house with a $42,000 down payment, and a fixed rate, they increased our payments by $100 they never dropped. Now they are asking for another $100 increase (they have done this twice before, and had to drop it). On the heals of this, they are contacting my husband at work, and calling my home 5-6 times a day for a modification. If this is something that is good for us, they wouldn’t be so eager to sell it. I have contacted the AG office twice, I guess I will have to again.
    The way I figure it they can make money off of our forecloser that is why they keep increasing our rates hoping for it. We send in our payments, and it take two weeks to cash them. We are watching carefully at the electronic payment we just made.
    There is something wrong here when they are being sued left and right, and yet continue to do these things. The way I figure it, they are making so much money off of these procedures, it’s worth being sued for. They need to have a hard hammer put down on them to force them to stop this. Why can’t the government do something about these people?

  8. FIRST (SMALL) VICTORY IN VIRGINIA: debtor defeats pretender lender’s lift-stay motion. Details below.

    In 2005, Debtor executed and delivered to “Synergy One” a fixed-rate promissory note in the principal sum of about $290K secured by a Deed of Trust on real property located in Manassas, VA. The Deed of Trust listed Synergy-One as the “Lender,” and Mortgage Electronic Registration Systems, Inc. (“MERS”) as “the beneficiary” of the Deed of Trust “solely as nominee for Lender and Lender’s successors and assigns.”

    During the pendency of a non-judicial foreclosure commenced by SunTrust Mortgage, Debtor filed for Chapter 7 bankruptcy, and then retained counsel. After checking with Fannie Mae and Freddie Mac, Debtor’s counsel ascertained that the loan was (at least at some point) owned by Fannie. Suntrust then moved for lift-stay relief in the bankruptcy court to continue with its (bogus) foreclosure. Debtor, through counsel, opposed the motion on the grounds that SunTrust’s motion contained no evidence that SunTrust had the right to enforce the lien, that SunTrust was not the “real party in interest” as required by the federal rules of procedure, and that the debt was “unenforceable against the debtor and property of the debtor, under any agreement or applicable law.” Additionally, Debtor’s counsel introduced into evidence a copy of the note that was different than the copy submitted by SunTrust and its attorneys (it contained an extra blank endorsement). After a hearing on May 5, 2010, the judge ruled from the bench and agreed with Debtor that SunTrust had not established it was the “real party in interest.” The judge, however, gave SunTrust a chance to establish itself as a “lender” by setting a trial for June 2, 2010, whereby SunTrust would have a chance to produce the original note and bring in other witnesses, including “documents custodian.”

    On May 26, 2010, Debtor’s counsel filed its list of witnesses indicating that it would put on the stand SunTrust’s and Synergy-One officials whose signatures appeared on purported endorsements on the copies of the Note. On May 27, 2010, after seeing Debtor’s list of witnesses, SunTrust withdrew its lift-stay motion! So the stay remains in place and SunTrust can’t foreclose. What’s more, Debtor has now turned the pending non-judicial foreclosure into a judicial one by filing an adversary proceeding (a complaint challenging the pending foreclosure) in the bankruptcy court.

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