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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have made my mortgage payment in full and on time every

Customer Question

I have made my mortgage payment in full and on time every month for five years. My girlfriend filed bankruptcy and she is on my mortgage loan with me. My mortgage co stopped taking my payments. I tried multiple times to make my payment but they would not take my money. This went on for four months. Once the planets aligned and all the sudden they would take my money I sent them a check for the full amount that I was behind. I feel like franklin American mortgage co sucks. They are liars and have shameful business practices. So I simply want to refinance with what I feel is a reputable company. However I can't refinance because it looks like I missed 4 payments. Which I did only because they wouldn't take my money. I called and ask them to write me a letter stating this and they practically laughed in my face. Of course there is no documentation of me ever calling to make a payment so they will write no such letter. Even though I had the money the whole time and wanted to make a payment. Now I'm stuck with this shit mortgage company. How can I get out and refinance through my bank. Can franklin American mortgage be forced to write some kind of misunderstand letter? Signed very frustrated.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Just for clarification, are you saying that your credit report shows 4 missed payments?

Did they mention anything about an automatic stay as being the reason they could not take any payments?

Customer: replied 1 year ago.
I don't know if my credit report says I missed four payments. But my bank won't refinance me because these four months are in question. Franklin never gave me a reason except that one time they said they couldn't take my payment because the bankruptcy was pending. My credit is excellent btw.
Expert:  Maverick replied 1 year ago.

What you may want to try first is to obtain a certified copy of your girlfriend's bankruptcy petition from the court and show that your bank because it shows that there was an automatic stay in place as soon as the bankruptcy was filed and this is the reason that Franklin did not accept payments. [Ask you bank if this will help the matter before you do it].

Second, you will need to either [1] pull your credit report and find out if it shows 4 missed payments or other negative data related to this loan or [2] ask your bank how it found out about the 4 missed payments.

Once you find out this info, then come back here so I can assist you further...

Customer: replied 1 year ago.
there would be no way of suing Franklin and forcing them to give me a letter?
Expert:  Maverick replied 1 year ago.

There may be but first I need to know if they reported this on your credit.

Most likely, Franklin mistakenly THOUGHT it was prevented from legally accepting any payment from you due to a federal bankruptcy court's automatic stay order. This may have been negligence on its part; but this does not explain WHY your bank is denying you the loan unless it hit your credit.

Customer: replied 1 year ago.
I just spoke to my bank. It never showed missed it late payments. It simply went inactive in February. It resumed in July when I made all four payments in one check. Franklin is saying they would have taken my payment all alone. But that's a lie. They wouldn't. I tried. But they have no documentation that I tried. But I damn well did. My bank won't refinance me unless I can show what happened in those 4 months. Franklin will continue to say I simply did not pay. How can I get out? Franklin screws me. Then keeps shit records and because of that I get screwed again?
Expert:  Maverick replied 1 year ago.

It never showed missed it late payments. It simply went inactive in February. It resumed in July when I made all four payments in one check.

What do the "It"s refer to?

Did you pull your credit?

How did your bank find out about the 4 payment missing issue?

You may be able to sue Franklin for damage to your credit reputation if it is lying but it has to communicate that lie to a third person; not just to you.