Client facing mortgage collection claims she never closed

Steve Gonzalez Mar. 19, 2008, 4:17pm

Tammy Prestito filed suit against GMAC Mortgage alleging it is wrongfully attempting to collect on her mortgage even though she has never had a mortgage with GMAC.

Prestito claims the mortgage on her Edwardsville home is through Amtrust. But that did not stop GMAC from sending her notices to pay a debt she supposedly owed.

"That, in fact, Plaintiff never has owed Defendant a dime, because she never had a mortgage or note deal with Defendant; she never has borrowed any money from the Defendant," states the complaint filed March 14 in Madison County Circuit Court.

Prestito claims GMAC began making harassing phone calls to her at home and work and she notified them that her mortgage was through another firm and that their "harassing and illegal collection efforts must stop."

She hired Belleville lawyer Eric Rhein to send a letter to GMAC asking for the collection efforts to stop.

In a Dec. 12, 2007 letter, Rhein informed GMAC that a closing that had been set up never went through and papers were never signed by Prestito.

Rhein also informed GMAC that Prestito authorized him to file a lawsuit if the demands for payments continued because her credit rating "is taking a hit."

"GMAC ignored Plaintiff's agent's letter and continued to bother and harass Plaintiff, and disrupt her normal living activities without any legitimate reason to do so," the complaint states.

Prestito claims GMAC's "wanton and willful misconduct" has caused her credit rating to be harmed, required her to hire a lawyer, caused her to lose sleep and suffer emotional trauma.

She is seeking a judgment for compensatory damages in excess of $150,000, but less than $225,000.

The case has been assigned to Circuit Judge Barbara Crowder.

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