More Foreclosure Review Fiasco: Paying Agent Rust Consulting Sends Letters to Different Addresses Than on Borrower Letters, Refuses to Make Corrections

Hedge fund manager and famed short seller David Einhorn is right: no matter how bad you think it is, it’s worse.

Consider this pious statement by David Holland of Rust Consulting, the firm responsible for sending out settlement checks, at the Senate Banking subcommittee hearings on the Independent Foreclosure Review earlier this week:

Mr. Holland, Rust: We have a call center and we’re taking calls, you know, currently from people who have received the postcard notice as part of the settlement and now our first wave of checks that went out on Friday. So we do have a phone bank ready to answer any and all questions that we get from affected borrowers. We have on-site Spanish-speaking operators that can assist Spanish-speaking people, and there is a process by where we can use a third party to help translate I believe it’s up to 200 languages if somebody calls, you know, and has a language that we’re not supporting live with Spanish or English, and we can get an operator on the phone that can help them. In terms of the – your other question about, you know, are we making efforts to reach out to people? You know, we’ve had the data, the mailing data, for this group of people going back to the IFR and it went through several levels of mailing address correction that we performed. So when we had the settlement, we started with that address information and once again ran it through the national change of address database, and we’re mailing checks, you know, to the best address that we have currently. Some of those will be returned as undeliverable, and we will make other attempts to find better address information for those that are undeliverable. And there’s nothing in place yet, but we’ve had conversations about taking additional steps beyond what we’ve done in terms of address trace. We could implement an outbound calling program, e-mail blasts. There’s all sorts of things that may be available to us. Nothing’s set yet, but those discussions are happening.

We’ll not trouble ourselves with how a call center that handles only two languages can have a backup service that can correctly determine which of the 200 other languages it professes to be able to handle can determine accurately which one is actually being spoken.

In our post yesterday on botched IFR settlement, we mentioned how a law firm that was not even in the mortgage or foreclosure business got a settlement check for a woman it never heard of, and was then given a 30-minute run-around by Rust when it asked what it should do. That elicited reader comments of similar horror stories.

This account comes from Julia:

I haven’t seen anyone else post about this so hear I go. I sent my paperwork in for the IFR before the first deadline. I corresponded with them all the way up until December 27, 2012, when they called and asked for some additional documentation. At the end of February I called in to verify they had received my documenation – and my address had been changed. Apparently, Rust consulting, updated addresses from the National Address Change Register or something along those lines. I informed Rust that it was the incorrect address and that they had the right one on file – I had not moved since we started this.

All of the websites, the OCC, The Federal Reserve Board, all of the news releases – state to call Rust Consulting to update your contact information. THIS CANNOT BE DONE! They will not update your information over the phone, I was asked to submit a letter with my reference number the “old” address and state my new address. I submitted a letter, 4 times. Rust can confirm that they have received the letters, they can even tell me what the correct address is, but they WILL NOT change it. I am now being told that I need a form that they will mail me to change my address. I have been waiting since March 11th for the form. Oh but it really doesn’t matter if I get it or not, because whatever address they had on file as of March 1st – is the address they will mail payment to. In my case the wrong address – even they for 2 years they had the correct one and they know it is wrong. I was advised to go to the post office and ask for an address change or contact them at the end of May to start the re-issue request. They are really working hard reading from their scripts, refusing to help anyone who calls and not doing what their website states by updating contact info…

On top of that the address they decided should be mine, is a business. The USPS will not allow me to put a forward on for an individual from a business address. I have called the OCC, The Federal Reserve Board, Rust Consulting’s main office, the IFR hotline, even my state Attorney Generals office.

What is the justification for changing an address for borrowers who submitted claims under the IFR? This is rank incompetence. Rust is the firm that did the outreach and received and sent the borrower letters to servicers. Are they incapable of tagging their own data fields? Or just to cheap and lazy?

And recall this from Holland’s testimony:

Some of those will be returned as undeliverable, and we will make other attempts to find better address information for those that are undeliverable. And there’s nothing in place yet, but we’ve had conversations about taking additional steps beyond what we’ve done in terms of address trace.

So this is completely consistent with Julia’s experience. There’s “nothing in place” beyond rooting through other databases to find better, which simply means different, addresses. I once had my identity merged (this a full 15 years ago, clearly incompetence rather than identity theft) with someone in the neighboring zip code whose first and last names were the same as mine but had a different middle initial. The credit bureaus were remarkably unperturbed by a credit report with two Social Security numbers on it, a clear sign that this was two separate people they’d put in the same records, and didn’t care to straighten it out until my attorney started sending nastygrams. And this reliance on big (and as Julia’s experience shows, inaccurate) databases increases the odds that people who have similar-enough names to the intended recipient who get checks will cash them.

This is from Shayla:

Omg, I am having the exact same problem! I spent $15 on a certified, tracked letter with my new address information, the letter was received on April 3… When I called on April 8th and 11th my address had not been changed. Rust consulting does not know what the hell they are doing, they can not even update our contact information. I had to go through the postal service and submitt another change of address, online, thankfully that only takes 3 days to process… WE have to do something about this whole mess…at first I thought everyone cash their checks and then close their accounts, I still think that’s a good idea for those that can do it, but I think we should use these forms to organize a meeting. First, with those in the same city and state, then everyone in the state, then all together! I’m ready to fight this system….I’m in my early 30s and I refuse to live in this corrupt country and I am ready to do something about it!

And Wake Up America!:

I too had updated the OCC and the IFR with my new address. Long before Rust sent their postcards.

I called Rust after I read the postcards were mailed to verify my address. They still had my old address and advised me to send my new address in writing. They received my letter but refuse to change the address! The rep yesterday advised me to send the change of address again. This sounds like a repeat of all the “lost” mod paperwork hell the servicers put millions through.

Finally, LAMK, via e-mail:

Basically, we tried to get a loan mod in 2009, made the trial payments, and was then denied. We moved out of the house because we couldn’t handle the problems with the bank anymore, and they had already filed a NOD. We then rented a house from Feb 2010 until Feb 2013.

In January of 2012, we were served a lawsuit from our bank (Aurora) stating that there was a problem with the deed, in which the legal description was incorrect, so they couldn’t foreclose. Mind you, this was three years since we defaulted and two years after they gave us the NOD. The lawsuit is still pending, and the house had been vacant for three years while we rented. So we decided to move back in in March of 2013. The house is still in foreclosure, and now when they finally do foreclose, we will have to wait to buy for years… uuggghhhh!

Anyways, we figured out that checks were being mailed out, but they had been sending the correspondence to our rental address. I called them to change the address, and they told us to send a letter because they couldn’t change it over the phone. Then, when we called a week or so later, and they said that we actually have to wait for them to send us a doc to fill out (which will take a couple weeks). Yesterday, the woman told me that they have to escalate the change of address and she didn’t know anything about a form. Essentially, I was told three different things about a change of address, but the one consistent piece of info was that they would not change it over the phone.

Consider the numbers. Only one mailing has happened so far. For one non-MSM site to get five examples when we didn’t put the Rust name in the headline says the inability to correct mailing addresses is a widespread problem.

For starters, complain to your Congressman and alert your local media outlets. Congressmen are sensitive to coverage in their district. And complain to the Treasury Inspector General, which supervised the OCC and the GAO, which previously criticized the servicers’ and Rust’s outreach efforts. The more people who complain (and it sounds like there are a lot of people with grounds to complain), the higher the odds that Rust will be pressured to remedy its disgraceful performance.

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    1. R Foreman

      These bankers are quite obviously domestic terrorists.

      Start performing targeted killings of senior bank executives and I guarantee the problems are corrected in a big hurry. 10 years after the shrub we know how to deal with terrorists.

      Better yet, start torturing senior bank executives and their families to gain information about their operation and their intentions.. same result, the problems start to correct themselves so quickly it’s as if they never happened.

      We readily mete punishment to allah akbar muhammed the afghanian terrist.. should we do no less when the terrorists train in our universities, work on wall street, and threaten the collapse of western civilization? I think not. Let them die a state-directed death.

      1. Nathanael

        It would be very wrong to torture them. We must not sink to that level. Just guillotine them.

      2. Sharon By Accident

        R Foreman I hope you don’t mean that. Many of us been hurt by our Mortgage server, but we’re going to seek justice the right way for being wronghly mistreated by our mortgage servers.

    2. kg

      total disgrace and shameful that they can not change one address. I am a veteran and going through same problem to change address with rust consulting. Really it takes 4-6 weeks to mail one letter?? It is painful that they are not willing to take care of the soldiers at least….

  1. 2little2late

    My first encounter with the OCC was, as anyone who ever confronted them on bank fraud, simply unbelievable. I sent them a letter five or six years ago detailing the wildly abusive behavior on the part of B of A, only to receive a letter back from the OCC stating that they had forwarded the letter to B of A. End of story, case closed. That’s how this so-called regulator handled regulation way back when, which dovetails exactly with their present form of non-regulation. Derelicts. Banker whores.

    I was one of the earliest responders to the IFR, delivering a well ordered packet of information complete with documentation detailing undeniable, systematic fraud. I went all in on this review, feeling like I had nothing to lose, and every chance at backing them into an indefensible corner. All I received from the OCC over a two year period was notice, sent on two occasions, that my file was being reviewed. I ended up losing the five year battle with CW/BofA as any pro se litigant eventually will, as there’s simply no defense against a system setup to protect the banks at any cost.

    I called Rust a couple of months ago to question them on the status of my review, and to ask them why I hadn’t received the “postcard”. They still had my address listed as the house that I lost to a fraudulent eviction process, even though Camper’s World, Home Depot, and every single bank’s credit card solicitation department had been able to find me at my new address. I also had a valid change of address at my local post office attached to the foreclosed property.

    The guy on the phone took down my new address, assuring me that everything was OK. Two months went by, and the checks were mailed out according to the recent press releases. I called Rust back last week, and got with a lady who confirmed to me that they still had my old address, and she again went through the motions of entering in my new address, unlike others on NC who were told that they needed to do this in writing. This time I asked for written confirmation from Rust to be sent to my new address, confirming what they were telling me in phone conversations, that I was in fact going to be receiving a malfeasance check, and that they in fact had my new address information. She told me that I could rest assured that I was on the list of fund recipients, that they had my address, but that there was no way that they could send me any documentation on any of this. I don’t believe them.

    The OCC is guilty of hanging offenses. As Yves intimated, the entire agency should be burned to the ground. Its employees and directors and their families need to be shunned from society for generations. Let them starve, without shelter, like the rest of us.

    1. Nathanael

      “The OCC is guilty of hanging offenses.”

      Do we have any functioning common-law courts yet? Ones which haven’t been taken over by crooked judges? Any grand juries which are willing to do their duty?

      ‘Cause although we’ve mostly abolished the death penalty in the US, there are a lot of 25-to-life fraud cases detailed here, and there’s no reason the OCC “officials” shouldn’t be locked in small cages for the rest of their lives. No reason except corruption.

    2. Dave

      I recieved a check from rust today and was just checking this site to make sure it wasn`t a scam.

  2. Dion

    Yes, I received my wonderful $500.00 check from the independent foreclosure review. I was placed in Hamp in 09. I made 13 payments in their so called trial. The refused to convert me to perm mod. Then put me in foreclosure with David stern and his foreclosure mill. I looked at the brackets and rust claims I am in the approved frame if I did not received any other loan. Which I did not. Okay and what exactly did all of this prove. What’s this $500.00 going to do food for a month…electric bill…what a load of crap and a stupid waste of everyone’s time and money..

    1. Nathanael

      All I can say is that you can still sue. Thankfully the checks don’t have a “you throw away your right to sue” feature.

      1. LucyLulu

        Yeah, good luck on that one, i.e. suing the banks. Spend your time collecting aluminum cans and using the proceeds to buy lottery tickets. The odds of a payout are better than winning your case against the banks. Wall Street owns most of the judges, too. Local and state judges rely on the same campaign donations as our legislators, which might be a factor in the borrower-friendly decisions almost invariably coming out of the federal courts whose judges are appointed (except when Obama is president).

        1. Nathanael

          The NY and Massachusetts courts have issued excellent rulings defending the rights of borrowers.

          There are some others floating around from various state courts.

          The trouble is that the bankers will throw up so much fraud and generate so much delay that even if you have a decent judge (as opposed to a “rocket docket”), getting a win generally takes a decade.

  3. rox

    There full of it….lies. lies and more lies they still have my forclosure address on file from 2009 did not get a letter or postcard but im getting a check. And there sending it to the forclosure address. someone lives there now…they said they will send me a forum to fill out takes 10to14 days but there still sending the check. What a lot of BS

  4. Jill

    So when are the rest of the checks mailed? I’ve been waiting. I filed complaints with OCC and all those others back in 2010 and got the run around as well. I was told I was not in foreclosure but they auctioned by house 8 days later without me knowing. Then they said my loan would be rescinded. Never happened. They said I had to talk to their attorneys. Yep, BANK OF AMERICA. So now they say checks mailed April 12 thru end of July. They have the money, send it to the people now.

    1. arlene higley

      Change of address rust consulting maybe they get to keep all the payments that are not delivered. I also tried to change my address. Rust said send letter did that next call to rust we need to send form still have not received after a month. What ever mail they sent is flying around in space. They say they are making attempts not the truth. First Taylor Bean screwed me over requested mod they went bankrupt and BOA took over loan. Requested mod waiting over a year and was denied and ended doing short sale. boa sold the home for 42,500 if they had done a mod I could of afforded the home. Boa received a insurance check for 10,000 for a flood had at the home. I had home inspection before purchasing the home but they failed to tell me the piping was involved in a class action suit and was illegal. Been screwed by everyone no they did not ask me to been over.

  5. ann

    same here. I’ve been trying to update my address with them for a couple of months. 1st time i was told it was updated, 2d time was told to send in written request, 3rd time told to send written request with explanation, 4th time told they would send me a form. over 2 weeks and still waiting. last week they told me they couldn’t tell me if the form had been mailed or not. what a bunch of incompetent idiots!

  6. marty

    I contacted the National Mortgage Settlement Administrator and my State Attorney General when I moved, giving both of them my new address.

    The AG’s office was the first place I heard of Rust Consulting, when they called me to tell me that they would be the ones handling payments. I do not know if I contacted Rust directly at that point (several months ago), but the recent postcard from Rust informing us that checks were on the way DID come to me new address.

    I am assuming my check will as well.

  7. Ricky Santellino

    I have a po box since I have no fixed address, can Rust send my check directly to the liquor store where I do my banking and then I can cash it? I need to know whom to contact at the OCC.

  8. BondsOfSteel

    How big of a problem could this be? How could this be anticipated? It’s not like everyone got kicked out of their house and had to… move…. oh… wait.

  9. Desiree Finley

    I need someone to speak to regarding the way Rust Consulting have been treating. I have missed many work hours and actually burned up phone batteries talking to them my longest call being over 70 minutes, I think there needs to be a help line or some way to make these people compensate us for the trouble they put us through. It has actually been worse then the foreclosure the OCC has not been any better. Hell I even called Wells Fargo. They are REFUSING to give my my check I have given them my proper address and followed procedusers since the beginging of March now that are denying phones I have made they OCC is the black…I want people to ban together and fight for us. Then Lenders have also been scammed. Wells Fargo provided the money to Rust Consulting and because of their fraudulent skip tracing in locating people they are profiting of the interest of OUR money

  10. sd

    Does Katherine Harris work for Rust Consulting? Because all of this is reminiscent of the 2000 voter roll purge in Florida where they purged voters based on last name regardless of any other details.(Social security numbers did not match, different birth dates, different address, sex, middle name, etc)

    In the case of Florida, the voter purge was deliberate. Which makes me think Rust’s actions are deliberate as well.

    1. tipping_point

      @Sammy Johansen:

      Can debt collectors seize the rusty checks from the deadbeats?

      You are foolish, trite, and triffling.
      Debt collectors can keep trying to ‘run the race’ they have conspired to create~
      But what they can “collect” is the fallout of the socially depraved, imploding society. The end game of this is not as the idiots who think their “running” something believe.

      The justice is when the debt collectors go knocking on the doors of the last bastion of greed in America, only to find that their prize ponies were long ago marched off to more fertile lands, through a whole in the wall.
      The only thing debt collectors can and will collect is the grief, heart attacks, and cancers associated with a life of participating in the systemic cultural bigotry that is the modern but thankfully dying socio-economic infrastructure.

      And when old ben bernanke and timothy curry and obama and holder and all these foolish men and women who paly this horrible scheme of torture on people are laying on their deathbeds-
      all they will see is the impending glow of the flames of hell and misery they brought to themselves by their unjust actions.

      They and the debt collectors can torment each other for eternity trying to “collect” on their ill gotten gains.

  11. d cortex

    I read an article in Dealbook that claimed most of the Rust checks that arrived at the correct address were written on an account that had no balance and the checks BOUNCED.

    This created severe problems for some recipients.

    Rust has gamed the system to make whatever tiny interest they can and recipients be damned!

      1. Stupendous Man - Defender of Liberty, Foe of Tyranny

        Yes, Rust Consulting Inc. is a foreign corporation, as opposed to a domestic corporation, as regards the state of Florida.

        Rust Consulting Inc., per the documents you’ve provided, appears to be incorporated within, operating under the laws of, and a domestic corporation of, the state of Minnesota.

  12. Melinda

    Even better – there are THOUSANDS of us out here who never even received an opportunity to file for a review. Apparently Rust is so incompetent that they mail the request for reviews to THE FORECLOSED ADDRESS!! Even though the address has been changed, and I have been out of the house for years now, I received no option to even request a review. Out of the blue I receive a postcard…just a postcard. Now if the postcard could find me with my current address on it, why not the review request? Because they didn’t want people requesting reviews – thats why!! What I would like is an opportunity to request a review, and restitution for the years I have been forced to rent due to the incompetence of the banking industry. I would like my equity, my down payment, my good credit standing, my dignity, my attorney fees, and lastly my peace of mind returned to me. And what I will get? Probably a lousy $500 check. I think the banks might take heed and start to think seriously about what they have done, there are social media sites that are gathering enormous forces of people who have simply had enough. We want what they took back!! Many of us have been shamed into silence by their actions, but no more. There is power in numbers, and we are growing!

  13. 2little2late

    It would be interesting to take a vote among those eligible for the review whether or not they would prefer to wait another year, or longer, if in fact that wait would produce an actual true accounting of the damage caused by their fraudulent foreclosure and thus actual metered compensation.

    The line from all the suits testifying makes it out like we would all rather have $1.75 this week than a thousand at the end of the month. They have a built-in condescension, master to slave-like, as if all we care about is scoring a six-pack and putting this ordeal behind us. Dick-brains.

  14. NH

    I work at the post office a woman received a certified check from them for almost 32000.00 not sure what category she fell in but this is the largest check I heard of. I haven’t lived in my house for 4 years but I’m being reported to the credit bureau as late and I’m 50,000 behind I surrendered my house in bankruptcy in 2009 it seems like I should’ve stayed there and just not have paid because I’m still being penalized and now my credit is shot to hell I tried to get a loan for a car and I can’t get one high enough because of my credit score. I don’t even think there is a category which I fall in. Bank of America never foreclosed they have kept this going for four years and my name is still on the house. And now since February I got a letter from select portfolio servicing saying they now own my mortgage and now I have yet another servicer on my credit report reporting me 50,000 late and my score continues to plummet

  15. K Barajas

    Same case here – sent in the IFR form in Feb 2012 with CURRENT address. However, when I spoke with them a couple of weeks ago, they had my PRIOR address in another state! I was told to send in a forwarding address change to the Post Office even thought I stressed to them that I had not lived in the other state for over 2 years and had provided my correct address on the form submitted. I called the post office and was able to get the address change sent. I was told my check was sent on 4/12; however, to date have not received it. A change of address form from Rust takes 4 weeks or more to get to you and I sit here still waiting for it. This is ridiculous.

  16. Bob Douglass

    I got a check for $300. Anyone know how the f a check for $300 can come when says minimum was $840?

    1. Carpe D.

      I believe that our $300 check was for the IFR (the part of the settlement that the OCC ran off with). There is still a question about the $25 billion National Settlement Finale.

    2. Sharon By Accident

      @Bob Douglas, the 840 and up is with the National Mortgage settlement. There is no 300 checks coming from them. it is $840 and up. This settlement is for borrowers who were completely foreclose on.

      Good luck.

  17. Mac

    I was foreclosed on twice! The first time the judge ruled it out due to robo signing. Then a year later with no notification I was informed the property was foreclosed and a judgment was placed. BOA told me I had to be behind 3 months before I could modify my loan, then because I kept those 3 months of payments in savings, BOA told me because of the funds in savings I didn’t qualify.

    After 14 months I had to do a strategic walk away. I wasn’t even the State to fight it. BAO sold the property 7 months later for a profit and the judgement was for part of the legal fees. Not full because they made extra profit on the home.

    Today I got a check from Rust for 300.00. All I can say is “I give up” I was fortunate to rebuild my life. I am moving forward and I will never do any business with BOA. And now I do almost 4 million in business annually so it’s their loss! It was 4 years of Hell, but it’s over. Long term, BOA will be the one to suffer. My hearts and prayers go out to the people who have suffered and haven’t been fortunate enoigh to rebuild their lives.

  18. Sharon By Accident

    For over 4 years I was force into a foreclosure on my home that wasn’t my fault. I tried to explain to my lawyers that I have made all of my payments that I never missed a payment. I might be late a couple time out of a year, but only by one or three days. The lawyers just look at me as If I was lying and that really hurted. I was giving a pre modication, but the bank took that back. I started to cry because I was losing my home with no fault of my own. I refuse to give the bank my home. I Got another lawyer to help me to do another modication.

    The bank sent me and my lawyer at lease 6 modication package. They modify my home for $400 a month more than what I was paiding for previous. The lawyer had me to turn that down. He said to me Sharon If only you could fine the proof. That they made a error on your payments when you wasn’t behind on your payment and they was the cause of your home being wrongly filed foreclosure. As I was going to a program last month to help me re-instate my mortgage, and the counselor told me I needed the last 5 years tax returns I said what.

    As I was digging and looking for my last five years tax return I came across a statement summery from my bank. It was the year of my Mortgage payments that were credit to my account than later sent back . I read the statement over and over again. I call my lawyer and read the statement to him. My four payments within a year was credited to my account than remove. I found other statements from resent years that had been one or two of the statement summery had been credited to my account than remove. The bank representive said it was a computer error. The computers have been kicking out payments with no fault of the borrow. It also kick borrows out of trail modication. I now have what I have been needing for the past four years. I even have the bank representive name and ID number. I will see them in court.

    1. Nathanael

      Sharon, this was most likely a DELIBERATE computer error. As in, they programmed their computers to misapply the payments.

      If you are dealing with Wells Fargo, you need to have your lawyer alert the judge to the case of Jones v. Wells Fargo, in the bankruptcy courts for Lousiana (mentioned earlier on Naked Capitalism, search for it).

      In that case, Wells Fargo *admitted* to deliberately misprogramming their computers to misassign payments.

      As character evidence, that should shift the burden of proof onto Wells Fargo to prove that the error wasn’t deliberate.

      If you’re dealing with one of the other banks, you should do your best to dig up a similar case against them, but I think Wells Fargo is the first one to have this proved against them.

      1. Sharon By Accident

        Thank you Nathanael for this information. Yes I have the proof. This is what cause my mortgage to go into foreclosure because of my mortgage server default. The Bank representive did admitt it was an computer error. That computer error cause me my credit. Thousands of dollars for lawyers fees for both sides. I’m still going thru all this mess with my mortgage server.

  19. Mandy

    Bank of America ruined us too! Never will I deal with them again. We requested modification, waited almost a year to get a 200 per month break from a 2400 monthly payment. Our property had halved in value and we were seriously under water. But we struggled on paying them what they wanted to be told we were in foreclosure. After days and days of talking to idiots who couldn’t add up finally one lady recognized that we had made payments that had not been applied to our account and that they had increased our payment due to incorrect interest rate being applied. They foreclosed anyway. Do they seriously expect people to be satisfied with a 300 check?? These incompetent fools have no idea of the heartache, humiliation and despair they have put MILLIONS of good hardworking Americans through!! What have I learnt from this. That I will first and foremost never let a bank take a penny if my hard earned cash in interest again. Cash is king.

  20. Dgtal

    I am sick over this. I didn’t miss a single trial payment, and in fact came home to a post it note on the garage saying “You’re foreclosed” 4 days after my last payment was cashed. I thought the taped on note was junk mail to tell you the truth. But according to the loan provider I was foreclosed. How could it be possible? After calling around and getting the run around, I got a hold of someone at Aurora who finally listened to me saying over and over I never missed a payment how can you do this if I didn’t miss a payment. She asked me to hold on to review my file, then as nice as can be, said “I will get this looked into ASAP and call you tomorrow”. So I get a call and she tells me not to worry a perm mod deal will be sent the next day. The next day there was a fed-ex deal on my door step. I called the lady back and asked about all the added fee’s and “extra’s” on the perm mod deal? She said “You can keep your house or not”. After living through all that and to be told (via the BS check) that my paperwork was over looked again. Sicking

  21. Judy

    I’m ready to band together. I live in Sacramento, Ca area. This is criminal. Or does anyone know any good lawyers in Sacramento Area taking cases on this issue? I can not sit still for this.

  22. Ron

    Everyone needs to file a Form 95 claim against the OCC and the Federal Reserve.

    You can sue for negligence by the government, which is what has happened. The regulators who oversaw HAMP and the Independent Foreclosure Review were negligent. Attach the many articles about it that are out there.

    You can sue, but it appears that filing this is the way to do it.

  23. sandy

    we are going to talk to our lawyer and see if we can take legal action against them. We lost everything, and they only want to pay out $300.00? Whay happened to the $125,000?

  24. Jimbo

    I just got off the phone, after 30 minutes with good old Rusty Ass consulting, they said no your check did not go out in batch two but it is going out Friday April 26 in batch three. I wonder if their is signifigance to the OCC order on their website of who gets paid what, the bottom third of the page are the next to nothing pay outs. Yeah, that’s probably right after I gave thousands of dollars to CHASE to reinstate and after they received the funds there was no one to speak to, they would not call back and the MF’ers filed foreclosure. Would like to hear ffrom someone, anyone that received funds and how much.

  25. lisal

    PASS THE WORD… petition for Pres Obama to reevaluate the Foreclosure review. Need 150 signatures before it will be moved to site. PLEASE SIGN…we need all the publicity we can get……link below

    THANKS so much!

  26. Natalie

    My husband and I also got screwed by Bank of America when our mtg co countrywide went bankrupt. Rust consulting is a complete waste of time to call they give out NO helpful info. I spoke to customer service yesterday a girl named valarie employee #2505 she was reading from a script of course her boss Jim as well so I have been leaving messages with the entire “leadership team” starting with the #1 liar David holland 612-359-2054, the CFO Paul Vogel 612-359-2064 and the three vp’s Daniel marotto 415-500-4597, Eric hudgens 612-359-2041 and Matthew potter. Lets hold them responsible for the empty promises their CEO and buddy David holland is making.

  27. trailblazer

    Woohoo, I got a big fat consolation prize of 500.00. I was
    in the 6000.00 category but apparently good old Rust Consulting decided to keep the other 5500.00 for themselves.
    Afterall, who is there to check up on them and make sure the payouts are being made correctly? FYI for all of us,
    go to your local court house and file a suit for an ANSWER TO INTERROGATORIES against the Registered Agent for Rust Consulting. I am going to do this to shake things up. You don’t need a lawyer and it will be a nominal filing fee. If enough people do this, it will get their attention and cost them $$$$$ to defend themselves. I just want answers and hold them accountable.

  28. Manuela Carmona

    Hmmm for some odd reason, I started thinking about something my daugther told me about the Boston bombing.. This was done so USA won’t see the BIG PICTURE.. Makes we wonder ???

  29. Sharon By Accident

    I just read on casa grand dispatch, the last batch of checks will be mail out in May. I have not receive my IFR check. earlier news from Rust stated the last checks will be mail out in july.

  30. Jackie

    I just want to point out the viscous circle we find ourselves in. 1, we pay our taxes. 2, the government gives our tax money to bail out the banks. 3, the banks send us a tiny check (gee thanks for sending me back my own money). 4, the government taxes us on these checks…. so I can pay my taxes again, to bail out the banks again. And on and on it goes.

  31. Mary

    Hello, Everyone – we received a check for $300 and aren’t sure how to proceed. We weren’t expecting this. Is this a class action settlement? Do we cash the check, or consult with our attorney first? Very confused. Thank you in advance for any insight. I’m reading over other remarks now.

  32. HK

    I just got my check and I also believe I should have been in another category and received a lot more. Should I cash the check and keep fighting for more? Or is it better to not accept the check? I also called Rust Consulting and they were not able to answer any questions about transparency and how these decisions were made. I would also like to see the information that my bank Countrywide/BofA submitted. I’m sure they didn’t hand over all the documents/phone records..

  33. Dabz

    I am so glad to see that I’m not alone. I received a postcard in the mail in October of last year. I continued checking online for changes, and when I saw the news that checks would be mailed on April 12, I called Rust Consulting… For some reason, they decided to send the check to a mailing address I was using over a year and a half ago… which was crazy because the postcard was sent to my current address. The representatives at Rust Consulting refuse to change my address. I even told them that they sent the check to the wrong address and they are telling me that there is nothing I can do but wait on the “change of address” form. It’s been almost 3 weeks, and no form. This is almost as annoying as what I experienced with the mortgage servicer prior to my foreclosure :-\



  35. ketelone

    Any disgruntled Rust employees out there, we need some significant dirt to bury these dirty cocksuckers.
    All these people should be publically executed for their crimes against the united consumers coalition.
    We can only hope they are all on a plane that crashes into shark infested waters, the perfect “final destination” for these dirtballs don’t you think?

  36. Virginia D

    If you voted for those running the “show” this is what can be expected. Who is Rust consulting connected to does anyone know? What are their political ties? If the check I received was not so large I’d have ripped it up and thrown it in the trash. I’m waiting to see if its NSF. I was shown a handful of “checks” issued by RUST and Huntington Bank all stamped NSF by the place I went to cash the check. I did not want to put thru my BofA account in case it was NSF or Fraudlent.

  37. Desiree Finley

    Believe it or not I have had the address issues with Rust Consulting since February. I have followed 3 procedures to change may address. Then they again sent me a change of address form to my home I live in now after the denied every having it. The original post card was sent to an address that does not exist today I checked with the other Settlement National Mortgage. This is also being handled by Rust Consulting…..Guess what they had the right address for that issue. I also contacted Wells Fargo several weeks ago…..Rust has not returned any of my calls, the OCC has not returned any of my calls……But guess who called me today listened to the rest of my dreaded story (Corporate Offices) Wells Fargo calling to make sure I got my pay out. They are less then pleased at the way the OCC and Rust Consulting are handling these payouts. They were not responsible for providing the addresses….Rust was to do skip traces. The pleasant woman from Wells Fargo had kept all my information took detailed notes 3 weeks ago. I never in a million years thought that I would ever hear from them again. Well, she did call is sending a letter to me, Rust and the Occ demanding to know why people that are going through efficient measures to see that they receive. She stated that there was an agreement made on behalf of Wells Fargo for the consumers to be awarded the monies and obviously the measures are not being taken to see to it we are notified and paid. I can tell you right now that Wells Fargo is not to happy. And I believe that the other banks that were involved are in the same boat…..Rust Consulting is being paid by the OCC and collecting interest off our money…my theory and the woman at Wells Fargos. Oh, by the way my check did get mailed to the address that does not exist and is sitting in my file. I will be receiving a replacement in July that is when those go out. The woman from Wells Fargo said that I will be getting my money way before then and is also having me speak to some other people about this nightmare.

  38. Susan

    I lost my home and over 50,000 in equity although I worked with the mortgage company and they assured me foreclosure would not happen. I provided documentation of wrongdoings in every step of the process to IFR, and for what? None of it was reviewed or read. Rust Consulting is the same as every other entity I have dealt with during this process. They have hired individuals with script answers that know ABSOLUTELY NOTHING about what’s going on and you can speak to no one who does. Not only do you have to deal with losing your home and never being able to get another one at this stage of my life, but having to deal with incompetent individuals is almost too much. I have written my representative and President Obama but truly doubt that I will receive a response there either.

  39. Becky

    I just received a check for $400.00 from Rust Consulting. I have no idea who they are or how I got in on this agreement. I assumed it was bogus, but maybe not…? I would like to know how they figure whom is owed what amount.

    My home was put into foreclosure in April 2010 and this February 2013, a judge dismissed it at a non-jury trial. I was out of work for two years and tried to keep up with the payments, but wasn’t able to. I went through my savings and 401K…it’s all gone now. So will be my home that I’d just bought in 2007, gutted, and then sunk my savings into to restore. When I met with the mortgage representative for PNC BANK in August 2012, they finally flat out admitted that the investors who owned my property refused to negotiate; they would not reduce principal or interest, and would only take 100% of back payments up front, or financed over 24 months on top of my regular monthly payment. Impossible. Unfortunately, after the economy tanked, I’m not making the money I was 5 years ago. The rep suggested that I ride it out as long as I can in my home, take what I want out before it’s sold, and possibly buy another short sale property in the meantime. *shrug* Not sure what else to do…

  40. arlene

    Received check BOA was for 800 should of been for 6000 was denied mod from BOA but since they made the decision we are at their mercy. Where is the justice from the government. Commit a crime and be the judge of your own punishment. of course they have had plenty of time to shred documents. All started with the Taylor Bean mess. Was never advised of the National settlement did not receive anything in the mail.

  41. Mitzi

    I received a minute check (dated 4/19/2013) but cannot cash it because my Father passed in 2013 and even after submitting his death certificate, it is still made out to him. I repeatedly attempted to email Rust with no reply so, I called them and was told they would send me a form, which I needed to return with another copy of his death certificate and also the check. I have not received anything yet. It’s not for a lot of money but every little bit helps!

  42. Ariel Jones

    I received a check from Rust at my old business address. An address I haven’t used in over 10 years. An address that is completely different from the forwarding address at the post office. An address that is completely different from my REAL address that WF has been mailing to for the last 2 years. Thankfully I’m friends with the woman who owns the maildrop store or I would have never received it!

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