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Posted by Casandra Williams on December 02, 2004 at 17:31:04:
PLEASE PLEASE SOMEONE HELP ME.
I was on a forebearance plan with Homecomings Financial from March of 2003 until March 2004. I had no problems with my payments, I had no problems making my payments. I paid almost 1200 from March of 2003 until December of 2004. I would even overpay on some months to get the payments paid quickly. In December Homecomings sent me a payment back of 450.00 stating I had breached my forebearance plan. My payment for December was not due until the 11th of that month and they returned my payment a week before my payment was due. After speaking with the attorneys and numerous supervisors I was told to send the money back into Homecomings and I would have to pay attorneys fee's for the time THEY had to consult an attorney because THEY sent the payment back in error. I refused. I absolutely refused to pay any monies to someone for something that was not my fault. I had proof of all my payments, Homecomings even sent proof showing they sent the payment back to me BEFORE my payment was even due. I went to court because I did not feel as if I breached my forebearance plan and the judge filed in their favor. I have no problem with this but I need to know what my options are since I can prove that I did not breach my contract. Would I be entitled to all the monies paid to them if they breached the forebearance agreement?
Casandra Williams
easternstar@bellsouth.net
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