Re: Legal question

Posted by Jay on December 02, 2004 at 22:24:27:

In Reply to: Legal question posted by Casandra Williams on December 02, 2004 at 17:31:04:

::Were any of the payments personal checks? If so your payments will get sent back if the plan states all funds need to be certified funds? If that 450.00 was a personal check you were in breach of the forbearance plan unless it was stated that they would accept personal checks. If this is not the case the lender is correct in returning your money. Hope this helps.

: 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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: ::Were any of the payments personal checks? If so your payments will get sent back if the plan states all funds need to be certified funds? If that 450.00 was a personal check you were in breach of the forbearance plan unless it was stated that they would accept personal checks. If this is not the case the lender is correct in returning your money. Hope this helps.

: j

: : 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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