Saxon debit my account without permission, thinking of walking away

[Joel Fraser]

Here's our situation, we pay our mortgage payment before the due date every month even thou we are struggling and thinking of walking away. I pay the bills while my husband is responsible for earning the income. I was away from home for a month and knew I wasn't going to be back on time to mail the checks so I use my bank and pay all our bills through the bill pay service. One of our mortgage is with Saxon which is interest only adjustable rate and our monthly payment was $2698.71 I paid our June payment on May 27th through my bank for the amount of $2700. When I return home and open the monthly statement I realize that the interest rate went up to 8.5% apr from a 6.7% the payment went up $600+, so I made out a check for the difference and plan on mailing it Monday. Saturday June 7th I got a email notification from my bank that my balance for my checking account was $0 so I thought this is impossible as we don't have any checks that need to be cashed and 2 days prior I transfer $2000 from my savings. I logged into my bank account and saw that Saxon had cashed a check for the amount of $2698.71 check # 1722 on 06-06-08, ironically the day they called for my husband and I informed them he was not available. I tried to pull up the check but was unable so I called my bank to find out why and they told me they will try to pull it up and fax it to me. I pulled up my past statements and realize that check # 1722 was the check I sent Saxon for my May payment in the same amount, so I called my bank and explain to them and then they inform me that it was probably an ACH done by Saxon using the last check # I sent them but they won't know for sure until they get more info about it. So we called Saxon that day and spoke to Edgar who informed us that we probably bounce a check and that is why they would debit that same check # twice, we told him it was not an NSF and the money was debited twice, he then told us that he is not showing a payment that we claim they debited from our account without our permission, but give it a few days for payment to show and in the mean time we should fax in our bank statements showing payments. Which we did. Saxon had applied that $2700 as an extra payment for May and we informed them that that is our June payment, now they have that payment in hold and refuse to apply as our June payment because we haven't paid the difference since our rate went up. We have been calling them every day except Sundays since June 7th about the payment they debit from our account without authorization and they still say they have not debit our account, twice we faxed them our last 3 bank statements including June transactions which our bank faxed to us, we also fax them copy of the check #1722 that I sent and the one they did an ACH of, I three way called them with my bank and they still insist they did not debit our account and called us liars and we should pay our bill. They are reporting that we are 25 days late on our mortgage and calling up to 4 times daily leaving messages. We have spoke to 3 different managers Edgar, Mike and Renae and numerous reps and no one have in there notes that we are calling and that we faxed over statements, they all insist that they did not debit/recieve any payment. I complained to my bank about it because we did not authorize Saxon to do an ACH and sadly the bank told us that there is nothing they can do about it as it was an ACH and they have no control over it only if it was a debit or credit card. We have no clue as to what to do, we refuse to give a mortgage company free money so we are going to walk away from our home. We have 2 young kids and the only income is from my husband severance pay which will end in a few months. We have done everything that Saxon requests from us and still no one there is helping us or telling us what happen to the payment, they insist we need to pay. Any advise will be greatly appreciated.