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EMC LAWSUIT
Monday, 1 August 2005

EMC MORTGAGE CORP FRAUD ARTICLE

SEE ADDITIONAL LINKS TO THE LEFT BELOW

Documentation in Chronological Order

(Documents referred to below are not included)

1. This loan was originally closed with United Financial Mortgage Company (UFMC) and sold shortly thereafter to EMC. This page shose the closing statement on 1/10/2005 with UFMC, indicating escrows paid 12 and 14 months for hazard and flood insurance. County taxes were paid 4 months in advance. Even with the flood and hazard amounts fully paid for the year, and even 2months into the following year, they attempt to collect additional escrow now!
2. This page indicated redundant (illegal) escrow factored into the monthly payments. Whether this was a clerical error, or part of a malicious 1-2 punch conspired with EMC, I don?t know.
3. I called customer service at UFMC, whom disregarded my objections. Hence, on 2/1/2005, I sent this Qualified Written Request to UFMC via signature-confirmed USPS priority mail
4. UFMC disregarded this request and has never replied to it. Here is their bill on 3/1/2005, with no mention of my letter.
5. Here is the letter of transfer to EMC on 3/2/2005.
6. 3/14/2005: Here I requested that EMC correct the redundant escrow. Also, the flood insurance I paid at closing was NOT sent to State Farm insurance, even 2 months after closing. This demonstrated another breach of good faith.
7. Letter of transfer notification from EMC on 3/31/2005.
8. Since EMC also disregarded my letter from page 6, I subsequently sent them a Qualified Written Request on 4/8/2005.
9. Here is the USPS receipt for the letter.
10. Notice of receipt by EMC of the Qualified Written Request on 4/11/2005; however, as shown, they make it clear they are attempting to collect a ?debt.?
11. After sustaining repeated harrassing calls, I sent this Cease and Desist Order on 4/22/05. They disregarded this notice and continued to call and harrass anyway.
12. , 13. Pages 12 and 13 show their recent letters: They have completely disregarded my Qualified Written Request, yet they continue to impose late charges (see billing statements), attempt to illegally collect escrow, and continue to illegally malign my credit report. They expect me to sit through this another ?45 days?!
13. To date, they continue to
a. Disregard my written complaints
b. Malign my credit report
c. Illegally charge me late fees and penalties
d. Falsely claim my payments are being late, even though I have proof from Bank of America of the AUTOMATED ONLINE payment and clearing of these checks.
e. Harass me with collection-style tactics

Posted by emclawsuit at 10:19 AM EDT
Updated: Wednesday, 3 August 2005 11:55 AM EDT

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